Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION

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

Vol. 144 WASHINGTON, WEDNESDAY, SEPTEMBER 9, 1998 No. 118 House of Representatives The House met at 12 noon and was PLEDGE OF ALLEGIANCE the disagreeing votes of the two Houses called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the thereon, and appoints Mr. CAMPBELL, pore (Mr. GILLMOR). gentleman from New York (Mr. SOLO- Mr. SHELBY, Mr. FAIRCLOTH, Mr. STE- f MON) come forward and lead the House VENS, Mr. KOHL, Ms. MIKULSKI, and Mr. in the Pledge of Allegiance. BYRD, to be the conferees on the part of DESIGNATION OF THE SPEAKER Mr. SOLOMON led the Pledge of Alle- the Senate. PRO TEMPORE giance as follows: The message also announced that the Senate insists upon its amendment to The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the fore the House the following commu- United States of America, and to the Repub- the bill (H.R. 4276) ‘‘An Act making ap- nication from the Speaker: lic for which it stands, one nation under God, propriations for the Departments of WASHINGTON, DC, indivisible, with liberty and justice for all. Commerce, Justice, and State, the Ju- September 9, 1998. f diciary, and related agencies for the I hereby designate the Honorable PAUL E. fiscal year ending September 30, 1999, GILLMOR to act as Speaker pro tempore on MESSAGE FROM THE SENATE and for other purposes,’’ requests a this day. A message from the Senate by Mr. conference with the House on the dis- NEWT GINGRICH, Lundregan, one of its clerks, an- agreeing votes of the two Houses there- Speaker of the House of Representatives. nounced that the Senate had passed on, and appoints Mr. GREGG, Mr. STE- f with amendments in which the concur- VENS, Mr. DOMENICI, Mr. MCCONNELL, PRAYER rence of the House is requested, bills of Mrs. HUTCHISON, Mr. CAMPBELL, Mr. the House of the following titles: COCHRAN, Mr. HOLLINGS, Mr. INOUYE, The Chaplain, Reverend James David H.R. 930. An act to require Federal employ- Mr. BUMPERS, Mr. LAUTENBERG, Ms. MI- Ford, D.D., offered the following pray- ees to use Federal travel charge cards for all KULSKI, and Mr. BYRD, to be the con- er: payments of expenses of official Government ferees on the part of the Senate. Let us pray using the words of the travel, to amend title 31, United States Code, The message also announced that 138th Psalm. to establish requirements for prepayment pursuant to provisions of Public Law ‘‘I give my thanks, O Lord, with my audits of Federal agency transportation expenses, to authorize reimbursement of Fed- 103–227, the Chair announces the fol- whole heart; before the gods I sing thy lowing appointment made by the praise; I bow down toward thy holy eral agency employees for taxes incurred on travel or transportation reimbursements, Democratic Leader during the August temple and give thanks to thy name and to authorize test programs for the pay- recess: Barbara Kairson, of New York, for thy steadfast love and thy faithful- ment of Federal employee travel expenses as the Representative of Labor to the ness; On the day I called, thou didst an- and relocation expenses. National Skill Standards Board, effec- swer me, my strength of soul thou H.R. 4104. An act making appropriations tive August 13, 1998. didst increase.’’ for the Treasury Department, the United The message also announced that We pray, O gracious God, that You States Postal Service, the Executive Office of the President, and certain Independent pursuant to Public Law 93–415, as would give strength of soul to every amended by Public Law 102–586, the person for You have blessed us and nur- Agencies, for the fiscal year ending Septem- ber 30, 1999, and for other purposes. Chair, on behalf of the Majority Lead- tured us along life’s way. May Your H.R. 4276. An act making appropriations er, after consultation with the Demo- good Spirit that is new every morning for the Departments of Commerce, Justice, cratic Leader, announces the appoint- and with us all the day through remind and State, the Judiciary, and related agen- ment of Robert H. Maxwell, of Mis- us each day to do justice, love mercy, cies for the fiscal year ending September 30, sissippi, to serve a one-year term on and ever walk humbly with You. In 1999, and for other purposes. the Coordinating Council on Juvenile Your name, we pray. Amen. The message also announced that the Justice and Delinquency Prevention. f Senate insists upon its amendment to the bill (H.R. 4104) ‘‘An Act making ap- f THE JOURNAL propriations for the Treasury Depart- The SPEAKER pro tempore. The ment, the United States Postal Serv- COMMUNICATION FROM THE Chair has examined the Journal of the ice, the Executive Office of the Presi- CLERK OF THE HOUSE last day’s proceedings and announces dent, and certain Independent Agen- The SPEAKER pro tempore laid be- to the House his approval thereof. cies, for the fiscal year ending Septem- fore the House the following commu- Pursuant to clause 1, rule I, the Jour- ber 30, 1999, and for other purposes,’’ re- nication from the Clerk of the House of nal stands approved. quests a conference with the House on Representatives:

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.

H7433

. H7434 CONGRESSIONAL RECORD — HOUSE September 9, 1998 Hon. NEWT GINGRICH, 12 brave airmen who specialized in minute and to revise and extend his re- The Speaker, U.S. House of Representatives, combat search and rescue and special marks.) Washington, DC. operations missions. These airmen Mr. WOLF. Mr. Speaker, while Con- DEAR MR. SPEAKER: Pursuant to the per- were representatives of the very best of mission granted to Clause 5 of Rule III of the gress was in recess over the last few Rules of the U.S. House of Representatives, the United States Air Force. They were weeks, the news was filled with reports the Clerk received the following message highly skilled and they were regularly on the bombing of the U.S. embassies from the Secretary of the Senate on Wednes- deployed to remote corners of the in East Africa and subsequent retalia- day, September 2, 1998 at 2:14 p.m.: globe, supporting America’s national tion strikes in Sudan and Afghanistan. That the Senate Agreed to Conference Re- military strategy. Experts in the field of port H.R. 629 Their unit, the 66th Helicopter Res- counterterrorism are warning about a That the Senate Agreed to Conference Re- cue Squadron, based in my district at coming long and difficult struggle be- port H.R. 4059 Nellis Air Force Base, is only one of 2 tween the U.S. and the forces of terror- With warm regards, such units in the United States Air ism. ROBIN H. CARLE, Force. One can find the 66th and their While much valuable work is being Clerk. sophisticated H–60 ‘‘Pave Hawk’’ heli- f done by the intelligence community to copters, wherever the action is: Iraq, combat terrorism, we need to take a PERMISSION FOR THE SPEAKER Saudi Arabia, Turkey; you name it, close look at national terrorism policy. they are there. TO ENTERTAIN SUNDRY MO- Today I will introduce, with other These men are part of a proud tradi- TIONS TO SUSPEND THE RULES Members, the National Commission on tion of military professionals who dedi- ON TODAY cated their lives to the defense of our Terrorism Act which will serve an im- Mr. SOLOMON. Mr. Speaker, I ask country. They paid the ultimate price portant role in making sure we do ev- unanimous consent that notwithstand- for our freedom. Each and every Amer- erything possible to prevent future tering clause 1 of rule XXVII, it shall be ican owes them a debt of gratitude for rorist attacks. in order at any time today for the protecting the freedoms we all enjoy. This legislation would create a com- Speaker to entertain the following mo- Tomorrow, in a memorial service at mission consisting of 15 distinguished tions to suspend the rules and to pass Nellis, their families and peers will experts in the field of terrorism includ- bills and resolutions: honor these heroes. Our thoughts and ing 3 Congressmen and 3 Senators. Five H.R. 3109, Thomas Cole National His- our prayers are with the families today members appointed by the President, 5 toric Site Act; S. 1683, Lake Chelan Na- and tomorrow. by the Speaker, and 5 by the Senate tional Recreation Area; S. 1883, Con- Mr. Speaker, these men lived up to majority leader in consultation with veyance of the Marion National Fish the 66th Helicopter Rescue Squadron’s the minority. Over the course of 6 Hatchery to the State of Alabama; motto, ‘‘These things we do so that months, the Commission will be H.R. 4090, Public Safety Officer Medal others may live.’’ charged with developing a clear and ef- of Valor Act; H.R. 678, Thomas Alva f fective strategy for protecting the American people. Edison Sesquicentennial Commemora- PROTECT SOCIAL SECURITY tive Coin Act; H.R. 1560, Lewis and Mr. Speaker, with the threat of ter- Clark Expedition Bicentennial Com- (Mr. KUCINICH asked and was given rorism on the rise and new threats of memorative Coin Act; H.R. 2225, Des- permission to address the House for 1 chemical, biological, and nuclear weap- ignating the Lloyd D. George Federal minute and to revise and extend his re- ons looming on the horizon, I believe it Building and United States Court- marks.) is the right time for a comprehensive Mr. KUCINICH. Mr. Speaker, Social house; H.R. 3295, Designating the Ron- assessment of our Nation’s terrorism Security is a guarantee. No senior has ald V. Dellums Federal Building; H. policy. ever gone without a benefits check, Res. 459, Commemorating 50 Years of I urge my colleagues to cosponsor the even in times of economic recession. Relations between the United States bill and hopefully we will pass it before That is because the full faith and cred- and the Republic of Korea; H. Res. 421, we go home. it of the United States stands behind Expressing a Sense of the House of the Social Security promise. Representatives Deploring the Tragic f Social Security is there for everyone. and Senseless Murder of Bishop Juan Wall Street is a gamble. Unlike Social Jose Gerardi; H. Con. Res. 277, Concern- Security, Wall Street cannot guarantee JANET RENO SHOULD LEAD OR ing the New Tribes Mission Hostage anything because the stock market is GET OUT OF THE WAY Crisis; H. Con. Res. 292, Calling for an premised on a bet that there will be End to the Recent Conflict between (Mr. TRAFICANT asked and was someone willing to pay a lot more for Eritrea and Ethiopia; H.R. 3810, Des- given permission to address the House something than someone else will. The ignating the James T. Leonard, Sr., for 1 minute and to revise and extend recent fall in the stock market should Post Office Building; H.R. 2623, Des- his remarks.) be a reminder: As with all gambles, ignating the Ray J. Favre Post Office Mr. TRAFICANT. Mr. Speaker, this there is a downside. What goes up must Building; H.R. 3167, Designating the Je- Monica matter is serious, but it pales come down. in comparison to the reports that the rome Anthony Ambro, Jr., Post Office Turning Social Security over to Wall Building; H.R. 3939, Designating the White House was bribed with Chinese Street will mean that senior retirees money. Edgar C. Campbell, Sr., Post Office will have to check the Dow Jones be- Unbelievable. I do not know if it is Building; and H.R. 3999, Designating fore they check their mailboxes to see true, but I know one thing. Janet Reno the David P. Richardson, Jr., Post Of- if they are going to have any money has turned her back on both the Amer- fice Building. left for shelter, food and medicine. ican people and the Constitution. The SPEAKER pro tempore. Is there There is no reason to sell out Social Let us tell it like it is. Janet Reno objection to the request of the gen- Security to Wall Street. tleman from New York? Privatization schemes trade away should either lead or get out of the There was no objection. Social Security’s guarantee for a Wall way. I say to my colleagues, Monica is f Street gamble. Americans do not need a fly on her face. This Chinese money a gamble. Americans need to hear Con- business is a dragon eating her assets. THE AIR FORCE’S VERY BEST gress reaffirm its commitment to its I say, Janet Reno has 2 decisions to HONORED citizens. Protect Social Security. make. One is to appoint an independent (Mr. GIBBONS asked and was given f counsel to scrutinize and investigate permission to address the House for 1 this madness, or number 2, Janet Reno minute and to revise and extend his re- NATIONAL COMMISSION ON should resign. I urge my colleagues to marks.) TERRORISM ACT think about it. Mr. GIBBONS. Mr. Speaker, last Fri- (Mr. WOLF asked and was given per- I yield back the balance of any na- day, the United States Air Force lost mission to address the House for 1 tional security we may have left. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7435 DOLLARS TO THE CLASSROOM propriate sanction, but we want the (H.R. 3109) to establish the Thomas ACT evidence first. It is not punishment Cole National Historic Site in the (Mr. PITTS asked and was given per- first and sentence later; it is after a State of New York, and for other pur- mission to address the House for 1 thorough and deliberate consideration poses, as amended. minute and to revise and extend his re- of the evidence before us. The Clerk read as follows: marks.) In short, we should get it now, we H.R. 3109 Mr. PITTS. Mr. Speaker, in a recent should get it all, and we should get it Be it enacted by the Senate and House of Rep- survey of its members, the Association right. resentatives of the United States of America in of American Educators found that 82 f Congress assembled, percent of the teachers surveyed sup- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ported consolidating Federal education ANNOUNCEMENT BY THE SPEAKER (a) SHORT TITLE.—This Act may be cited as PRO TEMPORE the ‘‘Thomas Cole National Historic Site programs, sending those funds in a for- Act’’. mula grant to the States, just what the The SPEAKER pro tempore. Mem- (b) TABLE OF CONTENTS.—The table of con- Dollars to the Classroom Act does. bers are reminded not to make per- tents of this Act is as follows: I would like to share with my col- sonal references to the President. Sec. 1. Short title; table of contents. leagues some comments from teachers f Sec. 2. Definitions. who support this approach: Sec. 3. Findings and purposes. ‘‘The Federal Government should TIME TO ACT IS NOW ON CON- Sec. 4. Establishment of Thomas Cole Na- quit dictating to local communities STRUCTION OF NATIONAL MIS- tional Historic Site. SILE DEFENSE SYSTEM Sec. 5. Retention of ownership and manage- what should be taught to children, ment of historic site by Greene mainly because the Federal Govern- (Mrs. CHENOWETH asked and was County Historical Society. ment is totally out of touch with re- given permission to address the House Sec. 6. Administration of historic site. ality.’’ Kansas City, Missouri. for 1 minute and to revise and extend Sec. 7. Authorization of appropriations. ‘‘It is time we realize that no one her remarks.) SEC. 2. DEFINITIONS. program can meet the needs of every Mrs. CHENOWETH. Mr. Speaker, the As used in this Act: region.’’ Oklahoma City. liberals tell us that we should trust our (1) The term ‘‘historic site’’ means the ‘‘I am all in favor of localizing con- Thomas Cole National Historic Site estab- national security to a piece of paper: lished by section 4 of this Act. trol of school budgets. Local educators the ABM treaty. It is a treaty with a are professionals with the training and (2) The term ‘‘Hudson River artists’’ means country that no longer exists. artists who were associated with the Hudson experience to make the best decisions The liberals are convinced that River school of landscape painting. for their schools.’’ Harrisburg, Penn- America will be safe with this piece of (3) The term ‘‘plan’’ means the general sylvania. paper, but what will they say when a management plan developed pursuant to sec- ‘‘When layers of bureaucracy can be missile attack occurs when a rogue Na- tion 6(d). eliminated for the benefit of the school tion or a group of dangerous terrorists (4) The term ‘‘Secretary’’ means the Sec- and students, then we should all be retary of the Interior. threaten our Nation with a missile at- (5) The term ‘‘Society’’ means the Greene pleased. However, this calls for added tack? Then what will they say? Will input from the parents and commu- County Historical Society of Greene County, they continue to point to this piece of New York, which owns the Thomas Cole nities involved.’’ Charleston, South paper and say, but we have a treaty. home, studio, and other property comprising Carolina. Mr. Speaker, Iran does not care that the historic site. Mr. Speaker, those are the thoughts we signed a treaty. Saddam Hussein SEC. 3. FINDINGS AND PURPOSES. of teachers around the Nation. Col- does not care that we signed a treaty. (a) FINDINGS.—Congress finds the follow- leagues, it is time to send dollars to Osama bin Laden and all of his many ing: the classroom. sympathizers across the globe cer- (1) The Hudson River school of landscape f tainly do not care. painting was inspired by Thomas Cole and was characterized by a group of 19th century INTEGRITY IN PUBLIC SERVICE I ask the other side again, just what landscape artists who recorded and cele- PARAMOUNT CONCERN will you do when we discover to our brated the landscape and wilderness of Amer- peril that a piece of paper will not pro- (Mr. DOGGETT asked and was given ica, particularly in the Hudson River Valley tect America from a ballistic missile region in the State of New York. permission to address the House for 1 attack? (2) Thomas Cole is recognized as America’s minute.) Men of prudence, on the other hand, most prominent landscape and allegorical Mr. DOGGETT. Mr. Speaker, integ- painter of the mid-19th century. rity in public service is always of para- look to the construction of a national missile defense system to protect (3) Located in Greene County, New York, mount concern. I believed that last the Thomas Cole House, also known as year when I addressed on this floor America from a ballistic missile at- Thomas Cole’s Cedar Grove, is listed on the tack. It is time to act now. misconduct by Speaker GINGRICH, and I National Register of Historic Places and has believe it this year when I address mis- f been designated as a National Historic Land- conduct by President Clinton. mark. ANNOUNCEMENT BY THE SPEAKER (4) Within a 15 mile radius of the Thomas In short, I believe this Congress PRO TEMPORE Cole House, an area that forms a key part of should take 3 steps and take them im- The SPEAKER pro tempore. Pursu- the rich cultural and natural heritage of the mediately. Number 1, it should make Hudson River Valley region, significant land- clear that all of the Starr report will ant to the provisions of clause 5 of rule scapes and scenes painted by Thomas Cole be public. There is no reason this I, the Chair announces that he will and other Hudson River artists, such as should be limited to some inner circle postpone further proceedings today on Frederic Church, survive intact. here in the Congress and drift out each motion to suspend the rules on (5) The State of New York has established through leaks week after week after which a recorded vote or the yeas and the Hudson River Valley Greenway to pro- nays are ordered, or on which the vote mote the preservation, public use, and enjoy- week. It should be posted on the Inter- ment of the natural and cultural resources of net and made available to every Amer- is objected to under clause 4 of rule XV. the Hudson River Valley region. ican citizen. (6) Establishment of the Thomas Cole Na- Number 2, this Congress should com- Such rollcall votes, if postponed, will tional Historic Site will provide opportuni- mit to stay right here until the job is be taken after debate is concluded on ties for the illustration and interpretation of complete. We do not need another year all motions to suspend the rules, but cultural themes of the heritage of the United ruined by this whole episode. We need not before 5 p.m. today. States and unique opportunities for edu- to be back attending to some of the f cation, public use, and enjoyment. (b) PURPOSES.—The purposes of this Act real concerns that affect the American are— people, and the only way to do that in THOMAS COLE NATIONAL HISTORIC SITE ACT (1) to preserve and interpret the home and 1999 is to complete the job now. studio of Thomas Cole for the benefit, inspi- Number 3, we ought to go ahead and Mr. HANSEN. Mr. Speaker, I move to ration, and education of the people of the indicate we are prepared to take an ap- suspend the rules and pass the bill United States; H7436 CONGRESSIONAL RECORD — HOUSE September 9, 1998 (2) to help maintain the integrity of the ried out through cooperative agreements the fine work of our American paint- setting in the Hudson River Valley region with the State of New York and other public ers, and indeed, they are scattered in that inspired artistic expression; and private entitles. The plan shall be pre- museums across this country. (3) to coordinate the interpretive, preserva- pared in accordance with section 12(b) of tion, and recreational efforts of Federal, Public Law 91–383 (16 U.S.C. 1a–1 et seq.; Students and followers of the Hudson State, and other entities in the Hudson Val- commonly known as the National Park Sys- River school included such artists as ley region in order to enhance opportunities tem General Authorities Act). Frederick Church, Alfred Bierstadt, for education, public use, and enjoyment; SEC. 7. AUTHORIZATION OF APPROPRIATIONS. and Thomas Moran. This school of and There are authorized to be appropriated painting, with its focus on natural (4) to broaden understanding of the Hudson such sums as are necessary to carry out this landscapes, is closely associated with River Valley region and its role in American Act. theconservation movement in this history and culture. The SPEAKER pro tempore. Pursu- country. The Thomas Cole property, SEC. 4. ESTABLISHMENT OF THOMAS COLE NA- known as Cedar Grove, located in upper TIONAL HISTORIC SITE. ant to the rule, the gentleman from ANSEN New York State, has been designated (a) ESTABLISHMENT.—There is established, Utah (Mr. H ) and the gentleman as an affiliated area of the National Park from California (Mr. MILLER) each will as a National Historic Landmark. System, the Thomas Cole National Historic control 20 minutes. The National Park Service has com- Site in the State of New York. The Chair recognizes the gentleman pleted a suitability and feasibility (b) DESCRIPTION.—The historic site shall from Utah (Mr. HANSEN). study of the property. The National consist of the home and studio of Thomas b 1215 Park Service testimony in our Com- Cole, comprising approximately 3.4 acres, lo- mittee on Resources on H.R. 3109 rec- cated at 218 Spring Street, in the village of Mr. HANSEN. Mr. Speaker, I yield ommended affiliated status for the site Catskill, New York, as generally depicted on myself such time as I may consume. with the current owner, the Greene the boundary map numbered TCH/80002, and Mr. Speaker, H.R. 3109 is a bill intro- dated March 1992. County Historical Society, continuing duced by my long-time friend and col- to manage the site. SEC. 5. RETENTION OF OWNERSHIP AND MAN- league, the gentleman from New York AGEMENT OF HISTORIC SITE BY This bill, as reported by our Commit- (Mr. SOLOMON). Unfortunately for GREENE COUNTY HISTORICAL SOCI- tee on Resources, reflects the affiliated ETY. many of us here in the House, the gen- status recommended by the National The Greene County Historical Society of tleman from New York has decided to Park Service, and as reported, H.R. Greene County, New York, shall continue to bring his distinguished and energetic 3109 is noncontroversial, and I urge its own, manage, and operate the historic site. representation in the House to a close passage. SEC. 6. ADMINISTRATION OF HISTORIC SITE. this year. I truly regret his departure, Mr. Speaker, I reserve the balance of (a) APPLICABILITY OF NATIONAL PARK SYS- but wish him well in the years to come. my time. TEM LAWS.—The historic site shall be admin- He will surely be missed here in Con- istered by the Society in a manner consist- Mr. HANSEN. Mr. Speaker, I yield ent with this Act and all laws generally ap- gress. As for H.R. 3109, the gentleman from such time as he may consume to the plicable to units of the National Park Sys- gentleman from New York (Mr. SOLO- tem, including the Act of August 25, 1916 (16 New York (Mr. SOLOMON) deserves cred- MON), the distinguished chairman of U.S.C. 1 et seq.; commonly known as the Na- it for a bill that establishes, as an af- tional Park Service Organic Act), and the filiated area of the National Park Serv- the Committee on Rules. Act of August 21, 1935 (16 U.S.C. 461 et seq.; ice, the Thomas Cole National Historic Mr. SOLOMON. I thank the gen- commonly known as the Historic Sites, Site in the State of New York. Thomas tleman for yielding time to me, Mr. Buildings, and Antiquities Act). Cole is recognized as America’s most Speaker. I thank the gentleman from (b) COOPERATIVE AGREEMENTS.— prominent landscape artist who in- Texas (Mr. DOGGETT) for his remarks, (1) ASSISTANCE TO SOCIETY.—The Secretary spired the Hudson River School of land- also. may enter into cooperative agreements with Mr. Speaker, I am pleased to come the Society to preserve the Thomas Cole scape painting. House and other structures in the historic The Thomas Cole house where Cole before the House today to speak for site and to assist with education programs lived while painting his masterpieces is this bill, which I introduced, establish- and research and interpretation of the currently listed on the National Reg- ing the Thomas Cole National Historic Thomas Cole House and associated land- ister of Historic Places, and has been Site in the State of New York as an af- scapes. designated as a National Historic filiated area of the National Park Serv- (2) OTHER ASSISTANCE.—To further the pur- Landmark. The actual site will still be ice. As a representative of the Catskill poses of this Act, the Secretary may enter owned, managed, and operated by the Mountains as well as the Adirondack into cooperative agreements with the State Mountains, I have been a strong sup- of New York, the Society, the Thomas Cole Greene County Historical Society, who Foundation, and other public and private en- will enter into a cooperative agree- porter of a measure that would protect tities to facilitate public understanding and ment with the National Park Service the Thomas Cole house since I came enjoyment of the lives and works of the Hud- relating to the preservation, interpre- here 20 years ago. son River artists through the provision of as- tation, and use of this historic site. As has been said, Thomas Cole was sistance to develop, present, and fund art ex- Mr. Speaker, this is an important bill one of this country’s preeminent land- hibits, resident artist programs, and other which creates an affiliated area of the scape painters of the early 19th cen- appropriate activities related to the preser- tury. His work inspired several genera- vation, interpretation, and use of the his- Park Service and protects an impor- toric site. tant historical site so that the public tions of artists, including Frederick (c) ARTIFACTS AND PROPERTY.— could admire the life of, and the beau- Church—whose work I have brought (1) PERSONAL PROPERTY GENERALLY.—The tiful landscapes created by, Thomas with me today—and Thomas Moran, to Secretary may acquire personal property as- Cole. I strongly urge my colleagues to chronicle the growth of a young United sociated with, and appropriate for, the inter- support H.R. 3109, as amended. States and help to generate interest in pretation of the historic site. Mr. Speaker, I reserve the balance of our country’s natural beauty. (2) WORKS OF ART.—The Secretary may ac- my time. I would invite all Members to come quire works of art associated with Thomas here and take a look at this later on. It Cole and other Hudson River artists for the Mr. DOGGETT. Mr. Speaker, I yield purpose of display at the historic site. myself such time as I may consume. is a reproduction of one of the most (d) GENERAL MANAGEMENT PLAN.—Within Mr. Speaker, I rise in support of H.R. magnificent paintings that I have ever two complete fiscal years after the date of 3109. This measure, introduced by our seen. It was viewed by Frederick the enactment of this Act, the Secretary colleague, the gentleman from New Church from the east side of the Hud- shall develop a general management plan for York (Mr. SOLOMON), establishes the son River, just above West Point, the historic site with the cooperation of the Thomas Cole National Historical Site where our military academy is, looking Society. Upon the completion of the plan, in the State of New York. west over the Hudson River and into the Secretary shall provide a copy of the Thomas Cole was the founder of the the Catskill Mountains. It is the sun- plan to the Committee on Energy and Natu- ral Resources of the Senate and the Commit- American artistic movement known as set, and it looks exactly like a tattered tee on Resources of the House of Representa- the Hudson River school. His beautiful American flag. It is truly magnificent, tives. The plan shall include recommenda- paintings are available for Americans and I would invite all to come and take tions for regional wayside exhibits, to be car- who come to the mall to see some of a look at it, as well as at the postcards September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7437 that illustrate some of the most mag- The Clerk read as follows: New Jersey (Mr. SAXTON) and the gen- nificent painting we have ever seen of S. 1883 tleman from Texas (Mr. DOGGETT) each the Hudson River Valley. Be it enacted by the Senate and House of Rep- will control 20 minutes. With the broad landscape paintings resentatives of the United States of America in The Chair recognizes the gentleman that I have just talked about, Thomas Congress assembled, from New Jersey (Mr. SAXTON). Cole’s students and followers domi- SECTION 1. SHORT TITLE. Mr. SAXTON. Mr. Speaker, I yield nated the visual arts in this country as This Act may be cited as the ‘‘Marion Na- myself such time as I may consume. have no painters before or since. Today tional Fish Hatchery and Claude Harris Na- (Mr. SAXTON asked and was given tional Aquacultural Research Center Con- permission to revise and extend his re- their paintings provide insight and re- veyance Act’’. marks.) flect the growth of a uniquely Amer- SEC. 2. CONVEYANCE OF MARION NATIONAL FISH ican spirit. HATCHERY AND CLAUDE HARRIS Mr. SAXTON. Mr. Speaker, I support In passing this bill today, we will NATIONAL AQUACULTURAL RE- S. 1883, a bill introduced by our col- preserve this school of art, the resi- SEARCH CENTER TO THE STATE OF leagues from Alabama, Senators SHEL- ALABAMA. dence that Thomas Cole worked from BY and SESSIONS, to transfer the Mar- (a) CONVEYANCE REQUIREMENT.— in creating many of his paintings, as (1) IN GENERAL.—Not later than 180 days ion National Fish HATCHery and the well as the very landscapes which these after the date of enactment of this Act, the Claude Harris National Aquacultural artists painted, especially the beautiful Secretary of the Interior shall convey to the Research Center to the State of Ala- Hudson River. State of Alabama without reimbursement, bama. Again, I just want to thank the and subject to the condition described in This legislation, which would convey chairman, the gentleman from Alaska paragraph (2), all right, title, and interest of about 600 acres of Federal land, is vir- (Mr. DON YOUNG), and certainly the the United States in and to the properties tually identical to a measure that the subcommittee chairman, the gen- described in subsection (b) for use by the House of Representatives unanimously Game and Fish Division of the Department tleman from Utah (Mr. JIM HANSEN), of Conservation and Natural Resources of adopted in 1996. and all of their staffs on both sides of the State of Alabama (referred to in this sec- The Alabama Fish and Game Divi- the aisle for bringing this bill out here tion as the ‘‘Game and Fish Division)’’ as sion has effectively operated the Mar- in a timely manner. I really appreciate part of the fish culture program of the State ion Fish Hatchery for over 24 years. it, and so do the people that enjoy one of Alabama. During that time it has produced thou- of the most scenic beauties in the en- (2) LEASE OF CLAUDE HARRIS NATIONAL sands of bluegills, channel fish, channel tire world, and that is the Hudson AQUACULTURAL RESEARCH CENTER.—As a con- catfish, large-mouthed bass, striped River Valley of New York. dition of the conveyance under paragraph (1), bass, sunfish, and hybrid striped bass Mr. DOGGETT. Mr. Speaker, I yield the Game and Fish Division shall offer to lease the property described in subsection fingerlings. These fish are used to back the balance of my time. (b)(1)(B) to the Alabama Agriculture Experi- stock over 500,000 acres of public wa- Mr. HANSEN. Mr. Speaker, I yield ment Station— ters in the State of Alabama, and they back the balance of my time. (A) at no cost to the Station or the Game are available to over 530,000 licensed The SPEAKER pro tempore (Mr. and Fish Division; and sport anglers. GILLMOR). The question is on the mo- (B) for the period requested by the Station Furthermore, over $2 million has tion offered by the gentleman from and provided by Alabama law. been spent on improvements and ren- Utah (Mr. HANSEN) that the House sus- (b) DESCRIPTION OF PROPERTIES.—The prop- ovations to the Marion Fish Hatchery pend the rules and pass the bill, H.R. erties referred to in subsection (a)(1) consist of— since the State assumed operation of 3109, as amended. the facility in 1974. By obtaining title The question was taken; and (two- (1)(A) the portion of the Marion National Fish Hatchery leased to the Game and Fish to the hatchery, the State will be able thirds having voted in favor thereof), Division, located 7 miles northeast of Mar- to make additional necessary modifica- the rules were suspended and the bill, ion, Alabama, on State Highway 175, as de- tions for the future. as amended, was passed. scribed in Amendment No. 2 to the Coopera- The Claude Harris National The title was amended so as to read: tive Agreement dated June 6, 1974, between Aquacultural Research Center, which ‘‘A bill to establish the Thomas Cole Na- the United States Fish and Wildlife Service is adjacent to the hatchery, was estab- and the Game and Fish Division, consisting tional Historic Site in the State of New York lished in 1959 to conduct much of the as an affiliated area of the National Park of approximately 300 acres; and System.’’. (B) the Claude Harris National primary research on the channel cat- A motion to reconsider was laid on Aquacultural Research Center, located 7 fish. Within the past 2 years the State the table. miles northeast of Marion, Alabama, on has assumed, under a memorandum of State Highway 175, as described in a docu- agreement with the Department of the f ment of the United States Fish and Wildlife Interior, the operation of the research GENERAL LEAVE Service entitled ‘‘EXHIBIT A’’ and dated center, and its mission will be to con- March 19, 1996, consisting of approximately tinue to improve the efficiency of Mr. HANSEN. Mr. Speaker, I ask 298 acres; unanimous consent that all Members (2) all improvements and related personal warm water aquaculture. may have 5 legislative days within property under the control of the Secretary Under the terms of this legislation, which to revise and extend their re- of the Interior that are located on the prop- the State of Alabama has agreed to use marks and include extraneous material erties described in paragraph (1), including these two facilities exclusively for on H.R. 3109, the bill just passed. buildings, structures, and equipment; and their fish culture program. S. 1883 is The SPEAKER pro tempore. Is there (3) all easements, leases, and water and supported by the Clinton administra- objection to the request of the gen- timber rights relating to the properties de- tion, Governor Fab James, and the Ala- scribed in paragraph (1). bama Department of Conservation and tleman from Utah? (c) REVERSIONARY INTEREST.— There was no objection. (1) REQUIREMENT.—If any property con- Natural Resources. f veyed to the State of Alabama under this Mr. Speaker, I urge everyone to vote section is used for any purpose other than for this bill, and I reserve the balance MARION NATIONAL FISH HATCH- the use authorized under subsection (a), all of my time. ERY AND CLAUDE HARRIS NA- right, title, and interest in and to all prop- Mr. DOGGETT. Mr. Speaker, I yield TIONAL AQUACULTURAL RE- erty conveyed under this section shall revert myself such time as I may consume. SEARCH CENTER CONVEYANCE to the United States. Mr. Speaker, I rise in support of this ACT (2) CONDITION OF PROPERTY ON REVERSION.— legislation. This is the Senate compan- Mr. SAXTON. Mr. Speaker, I move to In the case of a reversion of property under ion to a House bill introduced by our paragraph (1), the State of Alabama shall en- suspend the rules and pass the Senate sure that all property reverting to the colleague, the gentleman from Ala- bill (S. 1883) to direct the Secretary of United States under this subsection is in bama (Mr. HILLIARD). It was considered the Interior to convey the Marion Na- substantially the same condition as, or in in our Committee on Resources, and tional Fish HATCHery and the Claude better condition than, at the time of convey- employs the standard legislative for- Harris National Aquacultural Research ance under subsection (a). mula that we have used to transfer Center to the State of Alabama, and The SPEAKER pro tempore. Pursu- hatcheries in the past. In fact, it is al- for other purposes. ant to the rule, the gentleman from most identical to a bill that was passed H7438 CONGRESSIONAL RECORD — HOUSE September 9, 1998 by the House in the last Congress, but eral land and waters in the parcel covered by This particular piece of legislation is it did not become law. It is without the boundary adjustments in subsection (a) noncontroversial. It was considered in controversy, and I urge Members to is transferred from the Secretary of the Inte- our Committee on Resources. It ad- rior to the Secretary of Agriculture, and the support it. transferred land and waters shall be man- dresses, as the gentlewoman indicated, Mr. Speaker, I yield back the balance aged by the Secretary of Agriculture in ac- the boundaries of the lake. Currently a of my time. cordance with the laws and regulations per- private landowner is subject to dual ju- Mr. SAXTON. Mr. Speaker, I have no taining to the National Forest System. risdiction by the National Park Service further requests for time, and I yield (c) LAND AND WATER CONSERVATION FUND.— and the U.S. Forest Service. This will back the balance of my time. For purposes of section 7 of the Land and resolve that. I appreciate our col- Water Conservation Fund Act of 1965 (16 league, the gentleman from Washing- The SPEAKER pro tempore. The U.S.C. 460l–9), the boundaries of the question is on the motion offered by Wenatchee National Forest, as adjusted by ton (Mr. HASTINGS) for bringing this to the gentleman from New Jersey (Mr. subsection (a), shall be considered to be the the attention of the House. SAXTON) that the House suspend the boundaries of the Wenatchee National Forest Mr. HASTINGS of Washington. Mr. Speak- rules and pass the Senate bill, S. 1883. as of January 1, 1965. er, I would like to begin by offering my thanks The question was taken; and (two- The SPEAKER pro tempore. Pursu- to the Chairman, Mrs. CHENOWETH, for her as- thirds having voted in favor thereof), ant to the rule, the gentlewoman from sistance with this legislation. the rules were suspended and the Sen- Idaho (Mrs. CHENOWETH) and the gen- Mr. Speaker, I strongly support S. 1683, ate bill was passed. tleman from Texas (Mr. DOGGETT) each which adjusts the boundaries of the Lake Che- A motion to reconsider was laid on will control 20 minutes. lan National Recreation Area and the the table. The Chair recognizes the gentle- Wenatchee National Forest. This is a non-controversial measure that is supported by both f woman from Idaho (Mrs. CHENOWETH). Mrs. CHENOWETH. Mr. Speaker, I the U.S. Forest Service and the National Park GENERAL LEAVE yield myself such time as I may con- Service. Furthermore, S. 1683 is identical to Mr. SAXTON. Mr. Speaker, I ask sume. my bill, H.R. 3520, that passed the House unanimous consent that all Members (Mrs. CHENOWETH asked and was unanimously in June. Mr. Speaker, this boundary adjustment leg- may have 5 legislative days within given permission to revise and extend islation will consolidate the property of Mr. which to revise and extend their re- her remarks.) Mrs. CHENOWETH. Mr. Speaker, S. George Wall within the jurisdiction of the U.S. marks and include extraneous material 1683, introduced by Senator GORTON, Forest Service. Because of a drafting error in on S. 1883, the Senate bill just passed. was amended by the Senate and is now the original legislation creating the Lake Che- The SPEAKER pro tempore. Is there identical to House Resolution 3520, lan National Recreation Area in 1968, a por- objection to the request of the gen- which was introduced by my colleague, tion of Mr. Wall's property was included in the tleman from New Jersey? the gentleman from Washington (Mr. Area despite assurances that his property There was no objection. DOC HASTINGS). I would like to com- would remain entirely within the Wenatchee f mend the gentleman from Washington National Forest. This error has resulted in LAKE CHELAN NATIONAL (Mr. HASTINGS) for his excellent work needless confusion among these agencies RECREATION AREA to complete this commonsense legisla- and Mr. Wall regarding land use policy in the tion. area. Mrs. CHENOWETH. Mr. Speaker, I The House passed H.R. 3520 on June 9 In a May 1995 letter to Senator SLADE GOR- move to suspend the rules and pass the by voice vote under suspension of the TON the Park Service wrote that this boundary Senate bill (S. 1683) to transfer admin- rules, but because the Senate subse- adjustment would ``contribute to enhancement istrative jurisdiction over part of the quently passed the Gorton bill, the of public service as well as more efficient ad- Lake Chelan National Recreation Area gentleman from Washington (Mr. ministration of federal lands.'' Not only will this from the Secretary of the Interior to HASTINGS) has now asked us to approve legislation ease an administrative burden on the Secretary of Agriculture for inclu- Senate bill 1683 to expedite its enact- the agencies involved, it will also honor a 30 sion in the Wenatchee National Forest. ment into law. year old commitment made to Mr. Wall by the The Clerk read as follows: This legislation will provide relief to federal government. S. 1683 a private landowner whose property is Mr. Speaker, Mr. Wall is now in poor health Be it enacted by the Senate and House of Rep- within the boundaries of the Lake Che- and his family has asked that we complete our resentatives of the United States of America in lan National Recreation Area, which is consideration of this legislation as quickly as Congress assembled, managed by the National Park Service possible. Because this bill is identical to the SECTION 1. BOUNDARY ADJUSTMENTS, LAKE and the Wenatchee National Forest. It legislation which passed the House by a voice CHELAN NATIONAL RECREATION will transfer lands from the Lake Che- vote on June 9, 1998, I ask my colleagues to AREA AND WENATCHEE NATIONAL FOREST, WASHINGTON. lan National Recreation Area to the support S. 1683 and avoid further delays in (a) BOUNDARY ADJUSTMENTS.— Wenatchee National Forest to consoli- enacting this non-controversial measure. (1) LAKE CHELAN NATIONAL RECREATION date management of the Federal lands Mr. DOGGETT. Mr. Speaker, I urge AREA.—The boundary of the Lake Chelan Na- under one agency, and alleviate the adoption of the bill, and I yield back tional Recreation Area, established by sec- natural confusion caused by working the balance of my time. tion 202 of Public Law 90–544 (16 U.S.C. 90a– with dual jurisdictions. Mrs. CHENOWETH. Mr. Speaker, I 1), is hereby adjusted to exclude a parcel of I urge my colleagues to vote yes and have no further requests for time, and land and waters consisting of approximately fulfill a long-standing commitment I yield back the balance of my time. 88 acres, as depicted on the map entitled made by the National Park Service to The SPEAKER pro tempore. The ‘‘Proposed Management Units, North Cas- this private landowner, Mr. George question is on the motion offered by cades, Washington’’, numbered NP–CAS– 7002A, originally dated October 1967, and re- Wall. I strongly support this measure. I the gentlewoman from Idaho (Mrs. vised July 13, 1994. applaud the gentleman from Washing- CHENOWETH) that the House suspend (2) WENATCHEE NATIONAL FOREST.—The ton (Mr. HASTINGS) for his hard work to the rules and pass the Senate bill, S. boundary of the Wenatchee National Forest ensure the passage of this bill. 1683. is hereby adjusted to include the parcel of Mr. Speaker, I reserve the balance of The question was taken; and (two- land and waters described in paragraph (1). my time. thirds having voted in favor thereof) (3) AVAILABILITY OF MAP.—The map re- Mr. DOGGETT. Mr. Speaker, I yield the rules were suspended and the Sen- ferred to in paragraph (1) shall be on file and myself such time as I may consume. ate bill was passed. available for public inspection in the offices Mr. Speaker, I rise in support of this A motion to reconsider was laid on of the superintendent of the Lake Chelan Na- legislation. It deals with one of the the table. tional Recreation Area and the Director of most beautiful areas in our country. the National Park Service, Department of f My daughter Cathy has a large photo the Interior, and in the office of the Chief of GENERAL LEAVE the Forest Service, Department of Agri- of this lake hanging in her room in our culture. house in Texas as a memory of pleas- Mrs. CHENOWETH. Mr. Speaker, I (b) TRANSFER OF ADMINISTRATIVE JURISDIC- ant time spent at a church camp on the ask unanimous consent that all Mem- TION.—Administrative jurisdiction over Fed- banks of this lake. bers may have 5 legislative days within September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7439 which to revise and extend their re- are not inconsistent with this Act or other appli- SEC. 9. CONSULTATION REQUIREMENT. marks and include extraneous matter cable law. The Attorney General shall consult with the on S.1683, the Senate bill just passed. (c) DUTIES.—The Board shall select can- Institute of Heraldry within the Department of didates as recipients of the Medal of Valor from Defense regarding the design and artistry of the The SPEAKER pro tempore. Is there among those applications received by the Na- Medal of Valor. The Attorney General shall also objection to the request of the gentle- tional Medal Office. Not more often than once consider suggestions received by the Department woman from Idaho? each year, the Board shall present to the Attor- of Justice regarding the design of the medal, in- There was no objection. ney General the name or names of those it rec- cluding those made by persons not employed by f ommends as Medal of Valor recipients. In a the Department. given year, the Board is not required to choose The SPEAKER pro tempore (Mr. b 1230 any names, but is limited to a maximum number GILLMOR). Pursuant to the rule, the of 6 recipients. The Board shall set an annual gentleman from Arkansas (Mr. HUTCH- PUBLIC SAFETY OFFICER MEDAL timetable for fulfilling its duties under this Act. INSON) and the gentleman from Massa- OF VALOR ACT OF 1998 (d) HEARINGS.— (1) IN GENERAL.—The Board may hold such chusetts (Mr. FRANK) each will control Mr. HUTCHINSON. Mr. Speaker, I hearings, sit and act at such times and places, 20 minutes. move to suspend the rules and pass the administer such oaths, take such testimony, and The Chair recognizes the gentleman bill (H.R.4090) to provide for a national receive such evidence as the Board considers ad- from Arkansas (Mr. HUTCHINSON). medal for public safety officers who act visable to carry out its duties. GENERAL LEAVE with extraordinary valor above and be- (2) WITNESS EXPENSES.—Witnesses requested Mr. HUTCHINSON. Mr. Speaker, I yond the call of duty, as amended. to appear before the Board may be paid the ask unanimous consent that all Mem- The Clerk read as follows: same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem bers may have 5 legislative days within Be it enacted by the Senate and House of Rep- and mileage allowances for witnesses shall be which to revise and extend their re- resentatives of the United States of America in paid from funds appropriated to the Board. marks on the bill under consideration. Congress assembled, (e) INFORMATION FROM FEDERAL AGENCIES.— The SPEAKER pro tempore. Is there SECTION 1. SHORT TITLE. The Board may secure directly from any Federal objection to the request of the gen- This Act may be cited as the ‘‘Public Safety department or agency such information as the tleman from Arkansas? Officer Medal of Valor Act of 1998’’. Board considers necessary to carry out its du- There was no objection. SEC. 2. AUTHORIZATION OF MEDAL. ties. Upon the request of the Board, the head of Mr. HUTCHINSON. Mr. Speaker, I The President may award, and present in the such department or agency may furnish such in- yield myself such time as I may con- name of Congress, a Medal of Valor of appro- formation to the Board. sume. priate design, with ribbons and appurtenances, (f) INFORMATION TO BE KEPT CONFIDEN- Mr. Speaker, last month we honored TIAL.—The Board shall not disclose any infor- to a public safety officer who is cited by the At- two men whose sacrifices right here in torney General, on the advice of the Medal of mation which may compromise an ongoing law enforcement investigation or is otherwise re- the Capitol were both shocking and su- Valor Review Board, for extraordinary valor preme. Our two heroic Capitol Hill po- above and beyond the call of duty. quired by law to be kept confidential. lice officers, Detective John Gibson SEC. 3. BOARD. SEC. 4. BOARD PERSONNEL MATTERS. (a) COMPENSATION OF MEMBERS.—(1) Except and Officer Jacob Chestnut, could (a) BOARD.—There is established a permanent Medal of Valor Review Board (hereinafter in as provided in paragraph (2), each member of never have imagined that tragic Friday this Act referred to as the ‘‘Board’’). The Board the Board shall be compensated at a rate equal morning that a violent gunman would shall— to the daily equivalent of the annual rate of take away their lives and destroy their (1) be composed of 11 members appointed in basic pay prescribed for level IV of the Execu- families’ dreams. accordance with subsection (b); and tive Schedule under section 5315 of title 5, The terrible truth is that each and (2) conduct its business in accordance with United States Code, for each day (including every day a police officer dons that fa- this Act. travel time) during which such member is engaged in the performance of the duties of the miliar blue uniform could be that offi- (b) MEMBERSHIP.— Board. cer’s last day. In our hearts we all (1) IN GENERAL.—The members of the Board (2) All members of the Board who serve as of- know this, and yet we allow ourselves shall be appointed as follows: ficers or employees of the United States, a State, to be lulled into complacency and to (A) 2 shall be appointed by the Speaker of the or a local government, shall serve without com- House of Representatives. forget. But the spouses and children of pensation in addition to that received for those (B) 2 shall be appointed by the minority lead- a police officer can never forget. They services. er of the House of Representatives. must live with the daily fear of the (b) TRAVEL EXPENSES.—The members of the (C) 2 shall be appointed by the Majority Lead- sudden and painful disintegration of Board shall be allowed travel expenses, includ- er of the Senate. ing per diem in lieu of subsistence, at rates au- their family. (D) 2 shall be appointed by the Minority thorized for employees of agencies under sub- When those greatest fears are real- Leader of the Senate. chapter I of chapter 57 of title 5, United States ized and an officer is slain, we rightly (E) 3 shall be appointed by the President, one Code, while away from their homes or regular honor him or her for that final sac- of whom shall have substantial experience in places of business in the performance of service rifice. Every year, we set aside one firefighting, one of whom shall have substantial for the Board. experience in law enforcement, and one of whom week to celebrate the lives and work of shall have substantial experience in emergency SEC. 5. DEFINITIONS. police officers slain, and we forever pay services. For the purposes of this Act: tribute to their memories by adding (1) PUBLIC SAFETY OFFICER.—The term ‘‘Pub- (2) PERSONS ELIGIBLE.—The members of the their name to the memorial wall. Board shall be individuals who have knowledge lic Safety Officer’’ has the same meaning given But is that enough? I believe that we or expertise, whether by experience or training, that term in section 1204 of the Omnibus Crime can and should do more. In the mili- Control and Safe Streets Act of 1968. in the field of public safety. tary, we recognize many acts of hero- (2) STATE.—The term ‘‘State’’ means each of (3) TERM.—The term of a Board member is 4 the several States of the United States, the Dis- ism and valor with special medals and years. trict of Columbia, the Commonwealth of Puerto ribbons. As we are all aware, the Na- (4) VACANCIES.—Any vacancy in the member- Rico, the Virgin Islands, Guam, American tion’s highest combat medal, the Medal ship of the Board shall not affect the powers of Samoa, and the Commonwealth of the Northern the Board and shall be filled in the same man- of Honor, is given to a member of the Mariana Islands. ner as the original appointment. military who has demonstrated ‘‘con- (5) OPERATION OF THE BOARD.— SEC. 6. AUTHORIZATION OF APPROPRIATIONS. spicuous gallantry and intrepidity at (A) MEETINGS.—The Board shall meet at the There are authorized to be appropriated to the the risk of life above and beyond the call of the Chairman and not less than twice Attorney General such sums as may be nec- call of duty.’’ each year. The initial meeting of the Board essary to carry out this Act. The American public knows of this shall be conducted not later than 30 days after SEC. 7. OFFICE. prestigious honor and of the many oth- the appointment of the last member of the There is established within the Department of ers bestowed by the military, for exam- Board. Justice a national medal office. The office shall staff the Medal of Valor Review Board and es- ple the Purple Heart and the Silver (B) QUORUM; VOTING; RULES.—A majority of Star. Yet we do not offer a similarly the members of the Board shall constitute a tablish criteria and procedures for the submis- quorum to conduct business, but the Board may sion of recommendations of nominees for the high honor to public safety officers. establish a lesser quorum for conducting hear- Medal of Valor. Mr. Speaker, today I bring before the ings scheduled by the Board. The Board may es- SEC. 8. CONFORMING REPEAL. House H.R. 4090, the ‘‘Public Safety Of- tablish by majority vote any other rules for the Section 15 of the Federal Fire Prevention and ficer Medal of Valor Act.’’ It is long conduct of the Board’s business, if such rules Control Act of 1974 is repealed. past due for the Federal Government to H7440 CONGRESSIONAL RECORD — HOUSE September 9, 1998 pay tribute to acts of extraordinary State and local government’s ability to The question was taken; and (two- valor committed by public safety offi- protect its citizens against those who thirds having voted in favor thereof) cers. They gave their utmost and now would prey on them. And, obviously, the rules were suspended and the bill, so should their government in honoring one of those entities most responsible as amended, was passed. them. for this are law enforcement officers. A motion to reconsider was laid on H.R. 4090 will establish a medal given We have ended a sterile debate, I the table. by the President in the name of the hope, as to whether we needed more f Congress to a public safety officer who law enforcement officers or better pro- is cited by the Attorney General for ex- cedures. Obviously, the answer is both. THOMAS ALVA EDISON traordinary valor above and beyond the And to a great extent we have had COMMEMORATIVE COIN ACT call of duty. The legislation creates a both. I do want to note that providing Mr. CASTLE. Mr. Speaker, I move to Medal of Valor review board composed well-trained, well-equipped law en- suspend the rules and pass the bill of 11 members appointed by Congress forcement officers in adequate numbers (H.R. 678) to require the Secretary of and the President who will serve 4-year is a function of government. It is sup- the Treasury to mint coins in com- terms. The members of the board shall ported by taxes. It is one of those memoration of the sesquicentennial of be persons with knowledge or expertise things which, if we are going to do it the birth of Thomas Alva Edison, to rein the field of public safety. The board well we will have to have a government design the half dollar circulating coin will be staffed by a new office within that has the resources to provide it, be- for 1997 to commemorate Thomas Edi- the Department of Justice called the cause this is not something that we son, and for other purposes, as amend- National Medal Office. The board can do in our own individual capac- ed. would be charged with reviewing the ities. The Clerk read as follows: applications which the office receives As part of that effort, it is entirely H.R. 678 each year, to select which names to appropriate that we single out for a medal of this sort individual officers Be it enacted by the Senate and House of Rep- present to the Attorney General as resentatives of the United States of America in nominees for the Medal of Valor. They who from time to time show extraor- Congress assembled, dinary valor. We should be very clear, may conduct hearings and take testi- SECTION 1. SHORT TITLE. mony as necessary. there are no nonvalorous people in law This Act may be cited as the ‘‘Thomas In a given year, the board may enforcement. One does not strap on a Alva Edison Commemorative Coin Act’’. choose not to select any names, but it weapon and put themselves out front SEC. 2. FINDINGS. is limited to no more than six per year. as a target for the criminal element; The Congress finds the following: This way the medal is truly for ex- one does not insert themselves as a (1) Thomas Alva Edison, one of America’s traordinary valor above and beyond the shield between law-abiding citizens and greatest inventors, was born on February 11, call of duty. I believe that limiting the their property and those who would vi- 1847, in Milan, Ohio. ciously take advantage of it if they are (2) The inexhaustible energy and genius of number of medals given each year will Thomas A. Edison produced more than 1,300 help retain the high honor which I en- not a person of valor. We saw that in the murder of those inventions in his lifetime, including the in- vision the award to represent. two brave officers here in the Capitol candescent light bulb and the phonograph. Mr. Speaker, White House supports that my colleague alluded to. The first (3) In 1928, Thomas A. Edison received the passage of this long overdue legisla- Congressional gold medal ‘‘for development one noted, Officer Chestnut, was at his tion. And also I would like to thank and application of inventions that have revo- post and he was unfortunately the tar- the Fraternal Order of Police, the Na- lutionized civilization in the last century’’. get. Because we say to law enforcement tional Association of Police Organiza- (4) 2004 will mark the 125th anniversary of officials, ‘‘Arm yourself and put your- the invention of the light bulb by Thomas A. tions, the National Troopers Coalition, self out there,’’ and sadly we have no Edison in 1879, the 1st practical incandescent the National Law Enforcement Alli- alternative to this, the vicious will get electric lamp. ance of America, and the Federal Law the first shot. So we do not mean to SEC. 3. COIN SPECIFICATIONS. Enforcement Officers Association for suggest by this that we are singling out (a) DENOMINATION.—In commemoration of their support. those who are brave and not others. the 125th anniversary of the invention of the Mr. Speaker, we all look forward to There is an inherent bravery in anyone light bulb by Thomas A. Edison, the Sec- that momentous day when not one new retary of the Treasury (hereafter in this Act who undertakes that job of being a law referred to as the ‘‘Secretary’’) shall mint name is added to the Law Enforcement enforcement officer. And that is why it Officers Memorial Wall. While we con- and issue not more than 500,000 $1 coins, each is appropriate that we talk here about of which shall— tinue to nurture that hope, we will let extraordinary demonstrations of brav- this medal represent our gratitude and (1) weigh 26.73 grams; ery. (2) have a diameter of 1.500 inches; and respect to heroic law enforcement offi- So as a way of honoring all those in (3) contain 90 percent silver and 10 percent cers all across this Nation. I urge my law enforcement who literally put copper. colleagues to pass H.R. 4090. their lives at risk every single day to (b) LEGAL TENDER.—The coins minted Mr. Speaker, I reserve the balance of protect the rest of us, as we were so under this Act shall be legal tender, as pro- my time. tragically reminded here, and to recog- vided in section 5103 of title 31, United States Code. Mr. FRANK of Massachusetts. Mr. nize as a mark of the gratitude of a Speaker, I yield myself such time as I (c) NUMISMATIC ITEMS.—For purposes of generous society those extraordinary section 5134 of title 31, United States Code, may consume. efforts, this is an entirely reasonable Mr. Speaker, I am very pleased on be- all coins minted under this Act shall be con- piece of legislation and I support it. sidered to be numismatic items. half of the minority to give my strong Mr. Speaker, I yield back the balance support to this legislation. The gen- SEC. 4. SOURCES OF BULLION. of my time. The Secretary may obtain silver for mint- tleman from Arkansas (Mr. HUTCH- Mr. HUTCHINSON. Mr. Speaker, I ing coins under this Act from any available INSON), who is one of the sponsors, very thank the gentleman from Massachu- source, including stockpiles established eloquently outlined what the bill does. setts (Mr. FRANK) for his excellent under the Strategic and Critical Materials We have been the beneficiaries in re- words in support of this legislation, Stock Piling Act. cent years in particular of the excel- and I wholeheartedly agree with his SEC. 5. DESIGN OF COINS. lent work done by law enforcement comments. (a) DESIGN REQUIREMENTS.— people. There is no greater responsibil- Mr. Speaker, I have no further re- (1) IN GENERAL.—The design of the coins ity for government than the protection quests for time, and I yield back the minted under this Act shall be emblematic of its citizens. Until fairly recently, balance of my time. of the light bulb and the many inventions there were serious gaps in our ability The SPEAKER pro tempore. The made by Thomas A. Edison throughout his to provide that protection in many question is on the motion offered by prolific life. (2) DESIGNATION AND INSCRIPTIONS.—On parts of this country. We still are not the gentleman from Arkansas (Mr. each coin minted under this Act there shall where we should be. But across this HUTCHINSON) that the House suspend be— country there has been significant im- the rules and pass the bill, H.R. 4090, as (A) a designation of the value of the coin; provements in this government and amended. and September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7441

(B) inscriptions of the words ‘‘Liberty’’, Delaware (Mr. CASTLE) and the gen- measure is to preserve the Edison leg- ‘‘In God We Trust’’, ‘‘United States of Amer- tleman from Minnesota (Mr. VENTO) acy for generations of future Ameri- ica’’, and ‘‘E Pluribus Unum’’. each will control 20 minutes. cans. Surcharges on the sale of the (3) OBVERSE OF COIN.—The obverse of each The Chair recognizes the gentleman commemorative coins will be used to coin minted under this Act shall bear the likeness of Thomas A. Edison. from Delaware (Mr. CASTLE). support museums and maintain his- (b) SELECTION.—The design for the coins Mr. CASTLE. Mr. Speaker, I yield toric sites in six different States. Each minted under this Act shall be— myself such time as I may consume. will highlight the spirit and genius of (1) selected by the Secretary after con- Mr. Speaker, I rise in support of H.R. Thomas Edison. sultation with the Commission of Fine Arts; 678, the Thomas Alva Edison Com- Those who support this bill hope all and memorative Coin Act of 1998. This bill Americans, young and old alike, will be (2) reviewed by the Citizens Commemora- commemorates the life work of the inspired by the accomplishments of tive Coin Advisory Committee. man Life Magazine selected as the sin- Thomas Edison and will continue the SEC. 6. ISSUANCE OF COINS. gle most important individual of this (a) QUALITY OF COINS.—Coins minted under American fascination with the spirit of this Act shall be issued in uncirculated and millennium. An American citizen invention. proof qualities. whose more than 1,300 inventions have Mr. Speaker, I note that part of the (b) COMMENCEMENT OF ISSUANCE.—The Sec- shaped our daily life and will underpin dollars here go to the Park Service for retary may issue coins minted under this the technology of the next 1,000 years. help with the archives and other type Act beginning on January 1, 2004. Mr. Speaker, I have the issue of Life of work, the indexing and preservation (c) TERMINATION OF MINTING AUTHORITY.— Magazine that so designated him. of many of the documents and papers No coins may be minted under this Act after This bill conforms in all respects to December 31, 2004. that are important to our cultural his- the coin reform legislation that we SEC. 7. SURCHARGES. tory. I think that is especially note- (a) IN GENERAL.—All sales of coins minted have passed in this Congress and the worthy. under this Act shall include a surcharge of last. I note that many of the other sites $10 per coin. Mr. Speaker, the gentleman from are in need of funding and this permits (b) DISTRIBUTION.—Subject to section Ohio (Mr. GILLMOR), along with his col- us to provide an opportunity for those 5134(f) of title 31, United States Code, the leagues, have persevered and obtained supportive of the Edison legacy to ac- first $5,000,000 of the surcharges received by the necessary cosponsors. the Secretary from the sale of coins issued tually buy the coins, purchase them in This commemorative coin has al- some cases. Some of the dollars then under this Act shall be paid by the Secretary ready been approved by the Citizens as follows: would be voluntarily provided in this Commemorative Coin Advisory Com- (1) MUSEUM OF ARTS AND HISTORY.—Up to 1⁄8 way, rather than going through direct to the Museum of Arts and History, in the mittee. It also meets other strictures tax dollars. Of course, some will be pur- city of Port Huron, Michigan, for the endow- of those reforms including mintage chased by coin collectors. There will be ment and construction of a special museum limits and retention of surcharge pay- half a million coins as I understand, on the life of Thomas A. Edison in Port ments until all the government’s costs Huron. the coins put out for this purpose. So I are recovered from the program. hope that the sale is vigorous and the (2) EDISON BIRTHPLACE ASSOCIATION.—Up to Mr. Speaker, the manager’s amend- 1 dollars used in this attain the objec- ⁄8 to the Edison Birthplace Association, In- ment simply updates earlier legislative corporated, in Milan, Ohio, to assist in the tives of the sponsor. language that envisioned a 1997 anni- efforts of the association to raise an endow- I commend the gentleman from Ohio versary and now instead commemo- ment as a permanent source of support for (Mr. GILLMOR) for his persistence in rates the 125th anniversary of the in- the repair and maintenance of the Thomas this, along with the other sponsors in A. Edison birthplace, a national historic vention of the electric light bulb which Ohio and Michigan, the sites that host landmark. will take place in 2004. the work of this American genius, an (3) NATIONAL PARK SERVICE.—Up to 1⁄8 to Mr. Speaker, I urge the immediate the National Park Service, for use in pro- adoption of H.R. 678, as amended. American icon, Thomas Edison. tecting, restoring, and cataloguing historic Mr. Speaker, I reserve the balance of Mr. Speaker, I rise in support of H.R. 678, documents and objects at the ‘‘invention fac- my time. the Thomas Alva Commemorative Coin Act. tory’’ of Thomas A. Edison in West Orange, Mr. VENTO. Mr. Speaker, I yield my- In every Congress, the Banking Committee New Jersey. is asked to authorize commemorative coins to (4) EDISON PLAZA MUSEUM.—Up to 1⁄8 to the self such time as I may consume. Edison Plaza Museum in Beaumont, Texas, (Mr. VENTO asked and was given support popular public causes. The sale of for expanding educational programs on permission to revise and extend his re- commemorative coins have helped finance the Thomas A. Edison and for the repair and marks.) Olympics, repair Mount Rushmore and refur- maintenance of the museum. Mr. Speaker, I rise in support of this bish the Botanical Gardens. (5) EDISON WINTER HOME AND MUSEUM.—Up legislation. The Committee on Banking In today's bill, we are asked to help pre- to 1⁄8 to the Edison Winter Home and Mu- and Financial Services is asked to au- serve the historic legacy of Tom Edison, one seum in Fort Myers, Florida, for historic thorize commemorative coins to sup- of our nation's most brilliant and intriguing in- preservation, restoration, and maintenance of the historic home and chemical laboratory port popular public causes. The sale of ventors. Born in Ohio in 1847, Edison was the of Thomas A. Edison. commemorative coins have helped fi- youngest of seven children. Primarily schooled (6) EDISON INSTITUTE.—Up to 1⁄8 to the Edi- nance the Olympics, repair Mount at home, Tom Edison in his lifetime would son Institute, otherwise known as ‘‘Green- Rushmore and refurbish the Botanical eventually be credited with more than 1300 infield Village’’, in Dearborn, Michigan, for use Gardens. ventions. The incandescent light bulb, the pho- in maintaining and expanding displays and In today’s bill, we are asked to help nograph and the moving picture camera are educational programs associated with Thom- preserve the historic legacy of Thomas just a few of his well know inventions, often as A. Edison. Edison, one of our Nation’s most bril- manufactured in firms founded and managed (7) EDISON MEMORIAL TOWER.—Up to 1⁄8 to the Edison Memorial Tower in Edison, New liant and intriguing inventors. Born in by the colorful and talented Edison. Jersey, for the preservation, restoration, and Ohio, Edison was the youngest of seven Tom Edison's work has already been recog- expansion of the tower and museum. children. Primarily schooled at home, nized by the Congress through the award of a (8) HALL OF ELECTRICAL HISTORY.—Up to 1⁄8 Edison in his lifetime would eventually Congressional Gold Medal. The purpose of to the Schenectady Museum Association in be credited with more than 1,300 inven- H.R. 678 is to preserve the Edison legacy for Schenectady, New York, for the historic tions. The incandescent light bulb, the generations of future Americans. Surcharges preservation of materials of Thomas A. Edi- phonograph, and the motion picture on the sale of the commemorative coins will son and for the development of educational camera are just a few of his well-known be used to support museums and maintain programs associated with Thomas A. Edison. (c) AUDITS.—Each organization that re- inventions, and often manufactured in historical sites in six different states. Each will ceives any payment from the Secretary firms founded and managed by the highlight the spirit and genius of Thomas Edi- under this section shall be subject to the colorful and talented Edison. son. Those who support this bill sincerely audit requirements of section 5134(f)(2) of Mr. Speaker, Thomas Edison’s work hope all Americans, young and old alike, will title 31, United States Code. has already been recognized by Con- be inspired by the accomplishments of Thom- The SPEAKER pro tempore. Pursu- gress through the award of a Congres- as Edison and will continue the American fas- ant to the rule, the gentleman from sional Gold Medal. The purpose of this cination with the spirit of invention. H7442 CONGRESSIONAL RECORD — HOUSE September 9, 1998 Again, Mr. Speaker, I intend to support H.R. I strongly support this legislation friend and colleague, the gentleman 678 and I urge my colleague to join with me which I am the original author. As from Michigan (Mr. BONIOR), the Demo- to honor the life and work of Thomas Edison. pointed out, Thomas Edison invented cratic whip. Mr. Speaker, I reserve the balance of more than 1,300 wondrous devices. It Mr. BONIOR. Mr. Speaker, I thank my time. changed the way we not only viewed my colleague for yielding to me, and I Mr. CASTLE. Mr. Speaker, I yield the world, but how we lived. He truly thank my friend, the gentleman from such time as he may consume to the represents an extraordinary creative Minnesota, for his support, and I thank gentleman from Ohio (Mr. GILLMOR). spirit of the kind which made this Na- the Speaker for his leadership on this. Mr. GILLMOR. Mr. Speaker, I thank tion great. It is not only fitting that The gentleman from Ohio (Mr. the distinguished gentleman from we honor him, but we do so here with GILLMOR) has been most helpful, as has Delaware (Mr. CASTLE), chairman of a commemorative coin. been the gentleman from Delaware the Subcommittee on Domestic and The revenue from the sales of this (Mr. CASTLE) and the gentleman from International Monetary Policy, for coin will be used to continue his legacy Florida (Mr. GOSS), and others, and my yielding me this time. by funding a number of important pro- dear friend the gentleman from Michi- Mr. Speaker, when I introduced this grams such as the Edison Institute at gan (Mr. DINGELL). bill on February 11, 1997, that was Greenfield Village. Most of us have heard Thomas Thomas Edison’s 150th birthday, and I I want to express my thanks to my Edison’s old adage, ‘‘Genius is 1 per- had no idea what a monumental task colleague, the gentleman from Min- cent inspiration and 99 percent perspi- getting a coin bill to the floor is. nesota (Mr. VENTO); also the gentleman ration,’’ but we sometimes forget that b 1245 from Ohio (Mr. GILLMOR), the minority those words are more than just a clever whip, the gentleman from Michigan quip. At their core, they really capture Obtaining 290 cosponsors is no small (Mr. BONIOR), the gentleman from Flor- the American entrepreneurial spirit: task. I particularly want to thank ida (Mr. GOSS), the gentleman from the freedom to pursue your own ideas, some of those original cosponsors, the Delaware (Mr. CASTLE), and the gentle- to satisfy your curiosity, to create gentleman from New York (Mr. SOLO- woman from California (Ms. WATERS) something of value, to work as hard as MON), the gentleman from Michigan for their fine work in this matter. you can to turn your dreams into re- (Mr. BONIOR), the gentleman from New Mr. Speaker, I urge the adoption of ality. Jersey (Mr. PAYNE), the gentleman this legislation. Today we have the opportunity to from Florida (Mr. GOSS), and others for Mr. CASTLE. Mr. Speaker, I yield recognize this spirit through a special their exceptional efforts in making whatever time he may consume to the silver dollar commemorating Thomas this bill possible. distinguished gentleman from New Edison and the 125th anniversary of the The coin to be issued is to honor the York (Mr. SOLOMON), chairman of the invention of the light bulb. world’s greatest inventor, Thomas Edi- Committee on Rules. Thomas Edison did not just invent son. The effort it took to get it minted (Mr. SOLOMON asked and was given the light bulb, the phonograph, the mo- reminds me of one of his most famous permission to revise and extend his re- tion picture. Yes, all of these inven- sayings, ‘‘Genius is 1 percent inspira- marks.) tions are important. In their modern tion and 99 perspiration.’’ Mr. SOLOMON. Mr. Speaker, I thank form, they still affect our lives today, To reawaken America to the history the gentleman from Delaware for yield- long after his death. of this national hero, this bill coming to me, and I will not take much But more than that, more than being memorates the 125th anniversary of the time. an inventor, Thomas Edison is an in- light bulb. The Treasury is authorized I certainly thank the gentleman from spiration, an inspiration to every per- to issue a $1 commemorative coin in Ohio (Mr. GILLMOR) for bringing this son who has ever had a good idea and 2004 bearing Edison’s likeness. The sur- very important piece of legislation to showed the determination to make it a charges from the sale of the coins will the floor. The gentleman from Ohio reality, no matter how many tries that be used to help fund eight different (Mr. GILLMOR) was good enough to in- it takes. Edison locations across the country clude as one of the eight sites across It took Edison hundreds of tries to dedicated to preserving Edison’s leg- the country dedicated to preserving the get the light bulb to work, literally acy. The bill has no net cost to the legacy of Thomas Edison the Hall of hundreds. The problem was finding the Federal Government. Electrical History in Schenectady, New right filament. He tried platinum. He Edison was born in my district, and, York. even tried horsehair. He tried rare fi- last year, the Edison Birthplace Mu- The Schenectady Hall of Electrical bers from the South American jungles. seum in Milan, Ohio, was so strapped History, established in 1979 by the GE Do you know what the solution turned for funds that it had to ask local offi- Elfun Society, is charged with the task out to be? A special type of burnt card- cials for help with the electric bill. of salvaging and preserving and sharing board. Who would have guessed? Other Edison sites across the country the wealth of historic information as- Edison’s spirit of ingenuity, of cre- are faced with similar financial dif- sociated with the Edison era and the ativity, of sheer determination is what ficulties. early years of this country’s electrical we recognize with the minting of this Edison was the most prolific inventor age. coin. in American history with more than This museum in upstate New York Seventy years ago, this House hon- 1,300 patents. In addition to the light provides public access, especially to ored Edison with the Congressional bulb, those inventions include the young students, to artifacts, displays, Gold Medal. Today, through the Thom- stock ticker, the electronic vote re- and other educational exhibits directly as Alva Edison Commemorative Coin corder, the phonograph, and many oth- connected to the discoveries and inven- Act, we can honor his great invention ers. tions of Edison. Their collection in- and lasting legacy. This coin bill will be a suitable me- cludes some 30,000 artifacts of which I have a special, personal interest in morial to Thomas Edison and will pro- some 45 to 50 are Edison artifacts. honoring Edison because he grew up in vide needed help to many historical I commend the gentleman from Ohio my district, in Port Huron, Michigan. sites across America, and I urge its for bringing this legislation to the He got his start there. He was raised passage. floor. I might also say we want to expe- there from the age of, I believe, 6 to 16. Mr. VENTO. Mr. Speaker, I yield 1 dite it over in the other body. I will be He sold newspapers and candy on a minute to the distinguished gentleman contacting Senator D’AMATO to see if train between Port Huron and Detroit, from Michigan (Mr. DINGELL), the we cannot go through a procedure of conducting experiments in baggage ranking member of the Committee on holding it at the desk so it does not cars between the different stations Commerce. have to go through a committee over that they pulled into. Mr. DINGELL. Mr. Chairman, I there. Port Huron is proud of its most fa- thank my good friend, the gentleman Let us pass it. I salute the gen- mous citizen, as are other communities from Minnesota (Mr. VENTO), for his tleman. where he later lived and worked. kindness in yielding to me at this par- Mr. VENTO. Mr. Speaker, I yield I would like to take a moment to ticular time. such time as he may consume to my thank the people at the Port Huron September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7443 Museum of Arts and History, who have priceless treasures of history that are Edison has impacted all of our lives with the been very active in Edison scholarship stored at the very place where Thomas invention of the photograph and over a thou- and in exploring and preserving his leg- Edison worked on his monumental in- sand other patented devices, not to mention acy. ventions. the prototype for the modern industrial re- Let me also add that minting this I am grateful that the following year search laboratory. As Members of Congress, commemorative silver dollar will not my colleagues in Congress approved my Edison's very first patented invention may cost taxpayers one dime, and that the request for over $1 million to help re- have been the most influential. Many of you revenue generated from the sales will pair and preserve the Edison labs in may not know that the first patent that Edison help fund eight important Edison-relat- West Orange. But estimates to com- ever received was for an electric vote reed historic sites around the country, plete the rest of the work are up to as corder, which he invented in 1869 at the ripe including Ohio, Texas, New Jersey, much as $60 million. old age of 22. New York, and Michigan. Earlier this summer, the First Lady, I am proud to represent the town of Edison, These sites include both museums Ms. Hillary Rodham Clinton, visited New Jersey, home of Edison's Menlo Park lab and laboratories, just the type of edu- the site and announced a contribution where Edison spent the peak of his creative cational venues in which to inspire by GE Corporation to help with the lifeÐincluding the invention of the phonograph children to become inventors and en- restoration. But it is essential that we in 1877. The Edison Tower now commemo- trepreneurs themselves. find other avenues for raising funds to rates the site of the Menlo Park lab, where So please join me and my esteemed save this remarkable piece of history. Edison created some of the most revolutionary colleague, the gentleman from Ohio The bill we are considering today will inventions in history. The tower also stands as authorize the minting of 500,000 $1 com- (Mr. GILLMOR), in this endeavor to a key symbol of local pride for the community memorative coins to mark the 125th honor the world’s greatest inventor, and the people of Edison Township. Thomas Alva Edison. This project anniversary of the invention of the Unfortunately, the Edison Tower has been would not have been possible without light bulb. forced to close due to structural deterioration. The proceeds from the coin sales will the leadership of the gentleman from With the passage of the Thomas Alva Edison be distributed equally to the eight sites Ohio (Mr. GILLMOR), and I am grateful Sesquicentennial Commemorative Coin Act, around the country involved in the for all that he has done to make it hap- the Edison Tower and six other Edison-related preservation of THOMAS Edison’s leg- pen. historic sites across the country would benefit Please join us in supporting this acy. Let me commend my good friend and from much needed funding. Proceeds from the project. Through this commemorative colleague, the gentleman from Ohio sale of an Edison commemorative coin would coin, we celebrate Edison’s contribu- (Mr. GILLMOR), for his tireless work on be used in combination with state and local tions to the world and promote the this legislation. It has been a pleasure contributions to restore the Edison Tower and ideals he embodied, creativity, hard working with him, as well as with the ensure that the adjacent Tower Museum rework, determination, and an abiding gentleman from Michigan (Mr. mains open to the public. faith in our ability to create a better BONIOR), on this project which is so im- I would like to thank my colleague, Con- future. portant to all of us who have Edison gressman GILLMOR, for his leadership on this Mr. VENTO. Mr. Speaker, I yield sites in our districts and who have the issue and for introducing this important legisla- such time as he may consume to the responsibility of preserving these sites tion. And I urge all of my colleagues to vote gentleman from New Jersey (Mr. for future generations. to commemorate the unrivaled accomplish- PAYNE), the sponsor of this measure I urge my colleagues to approve this ments of a great inventor and a great Amer- and my friend and colleague. legislation so that we may preserve the ican, Thomas Alva Edison. (Mr. PAYNE asked and was given legacy of a man who forever changed Mr. GOSS. Mr. Speaker, first, I would like to permission to revise and extend his re- our Nation and the world. commend Chairman CASTLE and Representa- marks.) Mr. VENTO. Mr. Speaker, I have no tive GILLMOR for their leadershipÐwe simply Mr. PAYNE. Mr. Speaker, I am privi- further requests for time, and I yield would not be here today without them. leged to have within my Congressional back the balance of my time As we all know, Thomas Edison's inventions District one of the most important na- Mr. CASTLE. Mr. Speaker, I yield have revolutionized our every day lives. Today tional historical sites in the Nation, myself such time as I may consume. we have the opportunity to recognize one of the complex of laboratories in West Or- Mr. Speaker, I would encourage sup- the most important of these inventions, the ange, New Jersey, where Thomas Edi- port for this. We are going to ask for light bulb, with a commemorative coin. son produced the inventions that the yeas and nays on this particular The 500,000 coins that would be minted changed the world: the light bulb, the piece of legislation. We have had a under this legislation would bear Edison's like- phonograph, the motion picture cam- number of speakers. I would point out ness and could be used as legal tender, serv- era, and the alkaline battery, among that eight different sites that somehow ing to remind all American citizens of the valu- others. In fact, he obtained over 1,000 Thomas Edison touched on will share able contributions that Edison made to modern patents in his lifetime. The prolific in the proceeds of this. society. American genius left behind 400,000 ar- I will also say that sometimes we do Further, the proceeds from the sale of these tifacts and more than 5 million pages these coin bills, where there are 290 coins would provide much needed financial of notes, drawings, letters, and memos. sponsors, and I am worried they will support to a number of historical institutions Let me note that another prominent not do particularly well, and the insti- that preserve the history of Thomas Edison. African-American inventor, Lewis tutions that may benefit from it will My home district of southwest Florida is the Latimer, contributed to the develop- not necessarily benefit as much as they site of the Thomas Edison winter home and ment of electric lighting and was a might have perceived that they would. museum. This remarkable exhibit includes member of the Edison Pioneers who But I am convinced that this one will. tropical gardens and thousands of fascinating supported Thomas Edison’s work. Also, Again, we thank the gentleman from items from his long and illustrious career. in a photo, a rare photo, there is a pic- Ohio (Mr. GILLMOR) for his persever- However, this national treasure is in dire need ture of about 30 visitors to the Edison ance. As he has already indicated, it is of some long overdue repairs. The proceeds grounds, one of them being Frederick not easy to get 290 cosponsors for any- from this coin could help defray the costs of Douglass, an outstanding African- thing in this body. I think Thomas Edi- restoring the Edison home and other important American in the history of this coun- son has been able to bring people to- Edison landmarks throughout our nation. try. So the Edison movement had gether today. This bill is an opportunity to help preserve a many people involved. Mr. PALLONE. Mr. Speaker, I rise in strong valuable piece of American history at no cost Unfortunately, about 5 years ago, the support of the Thomas Alva Edison Sesqui- to the American taxpayers. I urge its adoption. magnificent Thomas Edison National centennial Commemorative Coin Act. Although Mr. CASTLE. Mr. Speaker, I yield Historic Site was added to the list of it was last year that marked the sesquicenten- back the balance of my time. ‘‘America’s Most Endangered Historic nial of Edison's birth, it is never too late to The SPEAKER pro tempore (Mr. Places.’’ A lack of funding had led to commemorate the vast creativity, scientific dis- GILLMOR). The question is on the mo- serious deterioration in the physical covery, and technological achievement of this tion offered by the gentleman from condition of the site, threatening the great American inventor and industrialist. Delaware (Mr. CASTLE) that the House H7444 CONGRESSIONAL RECORD — HOUSE September 9, 1998 suspend the rules and pass the bill H.R. (7) The Expedition returned to St. Louis, SEC. 6. ISSUANCE OF COINS. 678, as amended. Missouri, on September 23, 1806, after a 28- (a) QUALITY OF COINS.—Coins minted under The question was taken. month journey covering 8,000 miles during this title shall be issued in uncirculated and Mr. CASTLE. Mr. Speaker, on that I which it traversed 11 future States: Illinois, proof qualities. Missouri, Kansas, Nebraska, Iowa, North Da- (b) MINT FACILITY.—Only 1 facility of the demand the yeas and nays. kota, South Dakota, Montana, Idaho, Wash- United States Mint may be used to strike The yeas and nays were ordered. ington, and Oregon. any particular quality of the coins minted The SPEAKER pro tempore. Pursu- (8) Accounts from the journals of Lewis under this title. ant to clause 5 of rule I and the Chair’s and Clark and the detailed maps that were (c) COMMENCEMENT OF ISSUANCE.—The Sec- prior announcement, further proceed- prepared by the Expedition enhance knowl- retary may issue coins minted under this ings on this motion will be postponed. edge of the western continent and routes for title beginning on January 1, 2003. (d) TERMINATION OF MINTING AUTHORITY.— commerce. f No coins may be minted under this title (9) The Expedition significantly enhanced after December 31, 2003. GENERAL LEAVE amicable relationships between the United SEC. 7. SALE OF COINS. Mr. CASTLE. Mr. Speaker, I ask States and the autonomous American Indian nations, and the friendship and respect fos- (a) SALE PRICE.—The coins issued under this title shall be sold by the Secretary at a unanimous consent that all Members tered between American Indian tribes and price equal to the sum of— may have 5 legislative days within the Expedition represents the best of diplo- (1) the face value of the coins; which to revise and extend their re- macy and relationships between divergent (2) the surcharge provided in subsection (d) marks on H.R. 678. nations and cultures. with respect to such coins; and The SPEAKER pro tempore. Is there (10) The Lewis and Clark Expedition has (3) the cost of designing and issuing the been called the most perfect expedition of its objection to the request of the gen- coins (including labor, materials, dies, use of kind in the history of the world and paved tleman from Delaware? machinery, overhead expenses, marketing, the way for the United States to become a There was no objection. and shipping). great world power. f (b) BULK SALES.—The Secretary shall SEC. 3. COIN SPECIFICATIONS. make bulk sales of the coins issued under LEWIS AND CLARK EXPEDITION (a) DENOMINATIONS.—In commemoration of this title at a reasonable discount. BICENTENNIAL COMMEMORATIVE the bicentennial of the Lewis and Clark ex- (c) PREPAID ORDERS.— COIN ACT pedition, the Secretary of the Treasury (1) IN GENERAL.—The Secretary shall ac- (hereafter in this Act referred to as the ‘‘Sec- cept prepaid orders for the coins minted Mr. CASTLE. Mr. Speaker, I move to retary’’) shall mint and issue— under this title before the issuance of such suspend the rules and pass the bill (1) not more than 200,000 $1 coins, each of coins. (H.R. 1560) to require the Secretary of which shall— (2) DISCOUNT.—Sale prices with respect to the Treasury to mint coins in com- (A) weigh 26.73 grams; prepaid orders under paragraph (1) shall be memoration of the bicentennial of the (B) have a diameter of 1.500 inches; and at a reasonable discount. (C) contain 90 percent silver and 10 percent (d) SURCHARGES.—All sales of coins minted Lewis & Clark Expedition, and for copper; and other purposes, as amended. under this title shall include a surcharge of— (2) not more than 200,000 half dollar coins, (1) $10 per coin for the $1 coin; and The Clerk read as follows: each of which shall— (2) $7 per coin for the half dollar coin. H.R. 1560 (A) weigh 12.50 grams; SEC. 8. GENERAL WAIVER OF PROCUREMENT Be it enacted by the Senate and House of Rep- (B) have a diameter of 1.205 inches; and REGULATIONS. resentatives of the United States of America in (C) contain 90 percent silver and 10 percent (a) IN GENERAL.—Except as provided in Congress assembled, copper. subsection (b), no provision of law governing SECTION 1. SHORT TITLE. (b) LEGAL TENDER.—The coins minted procurement or public contracts shall be ap- This Act may be cited as the ‘‘Lewis and under this title shall be legal tender, as pro- plicable to the procurement of goods and vided in section 5103 of title 31, United States Clark Expedition Bicentennial Commemora- services necessary for carrying out this title. Code. tive Coin Act’’. (b) EQUAL EMPLOYMENT OPPORTUNITY.— (c) NUMISMATIC ITEMS.—For purposes of Subsection (a) shall not relieve any person SEC. 2. FINDINGS. section 5134 of title 31, United States Code, entering into a contract under the authority The Congress finds the following: all coins minted under this title shall be con- of this title from complying with any law re- (1) The expedition commanded by sidered to be numismatic items. lating to equal employment opportunity. Meriwether Lewis and William Clark, which SEC. 4. SOURCES OF BULLION. SEC. 9. DISTRIBUTION OF SURCHARGES. came to be called ‘‘The Corps of Discovery’’, The Secretary shall obtain silver for mint- (a) IN GENERAL.—Subject to section 5134(f) was one of the most remarkable and producing coins under this title only from stock- of title 31, United States Code, the proceeds tive scientific and military exploring expedi- piles established under the Strategic and from the surcharges received by the Sec- tions in all American history. Critical Materials Stock Piling Act. retary from the sale of coins issued under (2) President Thomas Jefferson gave Lewis SEC. 5. DESIGN OF COINS. this title shall be promptly paid by the Sec- and Clark the mission to ‘‘explore the Mis- (a) DESIGN REQUIREMENTS.— retary as follows: souri River & such principal stream of it, as, (1) IN GENERAL.—The design of the coins (1) NATIONAL LEWIS AND CLARK BICENTEN- by its course and communication with the minted under this title shall be emblematic NIAL COUNCIL.—2⁄3 to the National Lewis and waters of the Pacific Ocean, whether the Co- of the expedition of Lewis and Clark. Clark Bicentennial Council, for activities as- lumbia, Oregon, Colorado, or any other river (2) DESIGNATION AND INSCRIPTIONS.—On sociated with commemorating the bicenten- may offer the most direct and practical each coin minted under this title there shall nial of the Expedition. water communication across this continent be— (2) NATIONAL PARK SERVICE.—1⁄3 to the Na- for the purposes of commerce’’. (A) a designation of the value of the coin; tional Park Service for activities associated (3) The Expedition, in response to Presi- (B) an inscription of the years ‘‘1804–1806’’; with commemorating the bicentennial of the dent Jefferson’s directive, greatly advanced and Lewis and Clark Expedition. our geographical knowledge of the continent (C) inscriptions of the words ‘‘Liberty’’, (b) AUDITS.—Each organization that re- and prepared the way for the extension of ‘‘In God We Trust’’, ‘‘United States of Amer- ceives any payment from the Secretary the American fur trade with American In- ica’’, and ‘‘E Pluribus Unum’’. under this section shall be subject to the dian tribes throughout the land. (3) OBVERSE OF COIN.—The obverse of each audit requirements of section 5134(f)(2) of (4) President Jefferson directed the explor- coin minted under this title shall bear the title 31, United States Code. ers to take note of and carefully record the likeness of Thomas Jefferson, Meriwether SEC. 10. FINANCIAL ASSURANCES. natural resources of the newly acquired ter- Lewis and William Clark. (a) NO NET COST TO THE GOVERNMENT.—The ritory known as Louisiana, as well as dili- (4) GENERAL DESIGN.—In designing this Secretary shall take such actions as may be gently report on the native inhabitants of coin, the Secretary shall also consider incor- necessary to ensure that minting and issuing the land. porating appropriate elements from the Jef- coins under this title will not result in any (5) The Expedition departed St. Louis, Mis- ferson Peace and Friendship Medal which net cost to the United States Government. souri, on May 14, 1804. Lewis and Clark presented to the Chiefs of (b) PAYMENT FOR COINS.—A coin shall not (6) The Expedition held its first meeting the various Indian tribes they encountered be issued under this title unless the Sec- with American Indians at Council Bluff near and shall consider recognizing Native Amer- retary has received— present-day Fort Calhoun, Nebraska, in Au- ican culture. (1) full payment for the coin; gust 1804, spent its first winter at Fort (b) SELECTION.—The design for the coins (2) security satisfactory to the Secretary Mandan, North Dakota, crossed the Rocky minted under this title shall be selected by to indemnify the United States for full pay- Mountains by the mouth of the Columbia the Secretary after consultation with the ment; or River in mid-November of that year, and Commission of Fine Arts and shall be re- (3) a guarantee of full payment satisfac- wintered at Fort Clatsop, near the present- viewed by the Citizens Commemorative Coin tory to the Secretary from a depository in- day city of Astoria, Oregon. Advisory Committee. stitution whose deposits are insured by the September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7445 Federal Deposit Insurance Corporation or topographies that would for many money to defer costs of the bicenten- the National Credit Union Administration years be trodden by Americans on the nial celebrations. Board. journey of Western expansion. I would like to thank my distin- The SPEAKER pro tempore. Pursu- The Lewis and Clark Expedition Bi- guished colleagues, especially the gen- ant to the rule, the gentleman from centennial Coin Act, of course, cele- tleman from Delaware (Mr. CASTLE) Delaware (Mr. CASTLE) and the gen- brates this discovery and the exploits and the distinguished gentlewoman tleman from Minnesota (Mr. VENTO) of these two individuals. Part of the from California (Ms. WATERS) for their each will control 20 minutes. dollars will go to the Lewis and Clark effort on H.R. 1560, respectively, as The Chair recognizes the gentleman Bicentennial Council and part to the chairperson and ranking member of the from Delaware (Mr. CASTLE). National Park Service as they prepare Subcommittee on Domestic and Inter- Mr. CASTLE. Mr. Speaker, I yield for the celebration. So we will be able national Monetary Policy of the Com- myself such time as I may consume. to celebrate based on the enthusiasm of mittee on Banking and Financial Serv- Mr. Speaker, I rise in support of H.R. those that are interested in Lewis and ices, and the gentleman from Min- 1560, the Lewis and Clark Commemora- Clark and their accomplishments, as nesota (Mr. VENTO), who has just spo- tive Coin Act of 1998. This bill directs well as, of course, coin collectors re- ken. the minting of coins to commemorate sources that will fund this Lewis and President Thomas Jefferson, eager to the bicentennial of the incredible expe- Clark Bicentennial celebration. explore newly acquired land from the dition conducted by the Corps of Dis- The expedition commanded by Meriwhether Louisiana Purchase, chose Meriwether covery. Lewis and William Clark was one of the most Lewis and William Clark to begin the The Corps was commissioned by remarkable and productive scientific and mili- expedition, which came to be called President Thomas Jefferson and led by tary expeditions in American history. The Corps of Discovery. President Jef- Meriwether Lewis and William Clark. At the direction of President Thomas Jeffer- ferson gave the following directive to This expedition confirmed the extent son, Meriwhether Lewis and William Clark led Lewis and Clark to, ‘‘explore the Mis- of the Louisiana Purchase and pushed a band of some 40 soldiers and civilians up souri River and such principal streams our national boundary from the Mis- the Missouri River, across the Rocky Moun- of it, as by its course and communica- sissippi to the Pacific Ocean. It was an tains, and down the Columbia River to the Pa- tion with the waters of the Pacific heroic and exhausting adventure. The cific Ocean. From 1804 to 1806, Lewis and Ocean, whether the Columbia, Oregon, gentleman from Nebraska (Mr. BEREU- Clark covered 8,000 miles and crossed 11 fu- Colorado or any other river, may offer TER) has invested considerable energy ture states, including Illinois, Missouri, Kansas, the most direct and practicable water of his own in obtaining the requisite Nebraska, Iowa, North Dakota, South Dakota, communication across this continent cosponsors. Montana, Idaho, Washington, and Oregon. for the purposes of commerce.’’ Lewis and Clark departed St. Louis b 1300 Thanks to the pioneering spirit of Lewis and Clark, new maps were made of a vast terri- on May 14, 1804 and returned to St. This bill also conforms in all respects tory, scores of previously unknown species of Louis 28 months later on September 23, to current coin reform legislation. It plants and animals were collected and stud- 1806. Their journey of undaunted cour- has already been approved by the Citi- ied, and with this new glimpse of previously age, recently chronicled in a very popu- zens Commemorative Coin Advisory unchartered territory, Americans were first in- lar novel by Steven Ambrose, covered Committee. It also meets other stric- spired to push the American frontier to the Pa- 8,000 miles of the land which now con- tures of those reforms, including mint- cific Ocean. stitutes the States of Illinois, Missouri, age limits and retention of surcharge The Lewis and Clark Expedition Bicenten- Kansas, Nebraska, Iowa, North Dakota, payments until all of the government’s nial Commemorative Coin Act celebrates this South Dakota, Montana, Idaho, Wash- costs are recovered from the program. historic, geographical and scientific exploration ington and Oregon, or some parts of The amendment makes explicit the of the United States. Proceeds from the sale them. minting of the coin in the year 2003, of these commemorative coins will benefit the This expedition was one of the most the first year of the bicentennial cele- Lewis and Clark Bicentennial Council and the remarkable and productive military bration. I urge the adoption of H.R. National Park Service as they prepare for the and scientific exploring expeditions in 1560. bicentennial celebration of the Lewis and Clark all of American history. This expedi- Mr. Speaker, I reserve the balance of expedition. This commemorative coin will be tion advanced our geographic knowl- my time. produced and sold at no cost to the American edge of the continent and its beautiful Mr. VENTO. Mr. Speaker, I yield my- taxpayer. natural resources. In addition, the ex- self such time as I may consume. This will be timely insofar as the 200- pedition greatly enhanced amicable re- Mr. Speaker, I am pleased to rise in year anniversary, and I commend my lationships and nurtured a mutual support of this measure, which has colleagues that have brought this bill friendship and respects at that time be- been spearheaded by our friend and the forward and ask Members to support it. tween the United States and the var- gentleman from Nebraska (Mr. BEREU- Mr. Speaker, I reserve the balance of ious American Indian nations. Further- TER), and to be a cosponsor on this my time. more, Sacajawea, the young Native measure. I know they worked hard in Mr. CASTLE. Mr. Speaker, I yield American woman who was a guide and achieving the sponsorship and crafting whatever time he may consume to the interpreter for the expedition, has been the policy path this measure sets. gentleman from Nebraska (Mr. BEREU- singled out for acknowledgment and The idea, of course, is recognized, and TER), who has worked so very, very admiration. of import the 200-year bicentennial of hard on this legislation obtaining the I might say I am particularly looking the Lewis and Clark expedition, an ex- necessary cosponsors and is truly an forward to the bicentennial celebration pedition that, indeed, made graphic the expert on it. because it is in my district in Nebraska immence importance of the Louisiana (Mr. BEREUTER asked and was where Lewis and Clark first met and Purchase by the United States, led by given permission to revise and extend consulted with the Indian tribes at then, President Thomas Jefferson. his remarks.) what was called Council Bluffs, a site This was an important journey of Mr. BEREUTER. Mr. Speaker, I which is located near the location later over 8,000 miles and, of course, the thank my colleague, the chairman of chosen for the historic Fort Atkinson. map-making and the documentation of the subcommittee, for yielding me this I would hope we have celebrations on these areas through Illinois, Missouri, time. I rise today to request the pas- that site in 2004 which would perhaps Kansas, Nebraska, Iowa, North Dakota, sage of H.R. 1560, the legislation intro- emphasize the Native Americans’ vital South Dakota, Montana, Idaho, Wash- duced by this Member which authorizes role in the Lewis & Clark Expedition. ington and Oregon, obviously provided the U.S. Department of the Treasury to In order for a commemorative coin us with the knowledge, and an appre- mint 200,000 one-dollar coins and 200,000 bill to be considered by the House of ciation for the vastness of this pur- half-dollar coins to commemorate the Representatives, of course, it is nec- chase as well as the tremendous re- bicentennial of the Lewis and Clark ex- essary to acquire at least the requisite sources and the native population pedition. The coins will be of legal ten- 290 cosponsors, or greater, for the legis- within these areas and the different der. In addition, this measure will raise lation, and we met that with over 300. H7446 CONGRESSIONAL RECORD — HOUSE September 9, 1998 I would say that this Member’s gather- Mr. VENTO. Mr. Speaker, I have no I urge my colleagues to support H.R. 1560. ing of those cosponsors was a labor of further requests for time, and I yield Mr. POMEROY. Mr. Speaker, I rise in love and admiration for the Lewis and back the balance of my time. strong support of H.R. 1560, the Lewis and Clark expedition, and I wish to particu- Mr. CASTLE. Mr. Speaker, I yield Clark Bicentennial Commemorative Coin Act, larly recognize the contribution of our myself the balance of my time to and I want to personally thank Congressman distinguished colleague, the gentleman thank the gentleman from Nebraska Bereuter, the sponsor of the legislation, for his from Oregon (Mr. BLUMENAUER), for his (Mr. BEREUTER) for his continuing and work on this issue. assistance in gaining those cosponsor- abiding interest in this subject. I think Nearly two hundred years after the Corps of ships. it is of great importance to the people Discovery, Americans of all ages have begun Furthermore, the distinguished Sen- of the United States of America. What a national pilgrimage to follow the steps of ator from North Dakota, Senator DOR- Lewis and Clark did is extraordinary, Meriwether Lewis and William Clark. The jour- GAN, has simultaneously introduced a particularly at the time in which they ney today stands as one of the most remark- companion bill on this topic in the did it, and I think we should all recog- able and productive scientific and military ex- Senate, S. 2005. nize that. This piece of legislation, I ploring expeditions in all of American History. Under H.R. 1560, these coins will in- think, goes a long ways towards doing H.R. 1560 recognizes this extraordinary jour- clude the likenesses of Thomas Jeffer- that. ney and the discipline, sacrifice and strength son, Meriwether Lewis, and William Mr. BLUMENAUER. Mr. Speaker, I rise shown by Lewis and Clark by authorizing the Clark, and will incorporate appropriate today to express my support of H.R. 1560, the Treasury to mint one-dollar and half-dollar elements recognizing Native American Lewis and Clark Expedition Bicentennial Com- coins to commemorate the bicentennial of the culture. In its 1997 report, the congres- memorative Coin Act. I'd like to thank my expedition. sionally authorized Citizens Com- friend and colleague Rep. BEREUTER for his The bill will not only serve to highlight this memorative Coin Advisory Committee leadership on this historically significant legis- historic expedition and the roles of Meriwether recommended commemorating the lation. H.R. 1560 calls for the minting of dollar Lewis, William Clark, Thomas Jefferson and Lewis and Clark expedition with the and half dollar coins honoring the astounding the many Native Americans who aided in the coin. This Lewis and Clark commemo- accomplishments of ``The Corps of Discovery.'' journey, but it will also provide a source of fi- rative coin legislation assures that the The proceeds from the sale of the coins will nancial support for commemorative activities. coin can go into circulation in the year be distributed to the National Lewis and Clark After the cost of minting is covered, the pro- 2003. Moreover, the National Lewis and Bicentennial Council and the National Park ceeds from the sale of the coin will be distrib- Clark Bicentennial Council, which sup- Service to defer the costs of bicentennial uted to the National Lewis and Clark Bicenten- ports this commemorative coin, is an events and celebrations. nial Council and the National Park Service outgrowth of the Lewis and Clark Passage of this Act is in keeping with our which will allow both entities to continue their Trails Foundation, Inc., which was cre- ongoing commitment to this important expedi- work in planning and organizing bicentennial ated in 1969 to continue the work of the tion which opened the American West, making events. 1964 congressionally established Lewis it possible for me and my constituents to call As we continue preparing for the bicenten- Portland, Oregon home. In 1803, Congress and Clark Trail Commission. nial of this historic expedition, it is important House Resolution 1560 provides that appropriated twenty-five hundred dollars to that Congress play an active role in supporting the net proceeds from the surcharge in- fund a small expedition whose mission it was and promoting its commemoration. I urge my cluded in the price of the coin shall be to explore the uncharted west and to find the colleagues to recognize the importance of the distributed to the National Lewis and quickest water route to the Pacific Ocean. Lewis and Clark expedition to the nation and Clark Bicentennial Council, two-thirds, Thomas Jefferson entrusted his Secretary and the efforts of the bicentennial council and the and the National Park Service for good friend Meriwether Lewis and William National Park Service to highlight its bicenten- Lewis and Clark commemorative ac- Clark to embark on America's most historic tivities, one-third. This contribution to nial by passing this legislation. journey. On May 14, 1804 Meriwether Lewis, Mr. CASTLE. Mr. Speaker, I have no the Park Service could save taxpayers William Clark and their ``Corps of Discovery'' further requests for time, and I yield $1.13 million on currently planned departed Wood River, IL on a journey to ex- back the balance of my time. events. The legislation also includes plore the uncharted wilderness west of the The SPEAKER pro tempore (Mr. language requiring the Department of Mississippi River. Over the next four years, GILLMOR). The question is on the mo- the Treasury to take actions necessary they would travel thousands of miles, encoun- tion offered by the gentleman from to ensure that the minting and issuing tering lands, rivers and cultures that no Ameri- Delaware (Mr. CASTLE) that the House of the coin results in no net cost to the cans ever had before. suspend the rules and pass the bill, U.S. Government. Although they did not return from their jour- H.R. 1560, as amended. In closing, this Member believes that ney with a direct water passageway across The question was taken. the courage and resilience of Lewis and the continent, what they did bring was an in- Mr. CASTLE. Mr. Speaker, on that I Clark and their party, with the assist- valuable wealth of knowledge. From Illinois to demand the yeas and nays. ance of Native Americans along the ex- my home state of Oregon, and back to St. The yeas and nays were ordered. pedition on both sides of the Continen- Louis, the Expedition covered 8,000 miles ex- The SPEAKER pro tempore. Pursu- tal Divide, left an indelible and lasting ploring what would become 11 future states. ant to clause 5 of rule I and the Chair’s mark on the landscape of the United Their extensive journals and detailed maps prior announcement, further proceed- States as we know it today. Lewis and depicted a rich landscape for those who until ings on this motion will be postponed. Clark, in 1804, began an expedition into then could only imagine what lay beyond the f the unknown wilderness of the West. Mississippi. Their expedition also exposed They returned in 1806 with a wealth of them to never before seen species of plants GENERAL LEAVE knowledge and experience which has and animals. As well, Lewis and Clark suc- Mr. CASTLE. Mr. Speaker, I ask been invaluable in the development of ceeded in building and fostering friendships unanimous consent that all Members the United States both as a country with the American Indian tribes they encoun- may have 5 legislative days within and a people. tered during the Expedition. which to revise and extend their re- I anticipate great fanfare and attend- From 2003 to 2006, through the efforts of marks on H.R. 1560, the bill just consid- ance during that 3-to-4-year period. We the National Lewis and Clark Bicentennial ered. have already had huge numbers of for- Council, the National Park Service, State and The SPEAKER pro tempore. Is there eign visitors asking how they can take local entities and several other interested objection to the request of the gen- part of that water trail, and I think groups, Americans will have various opportuni- tleman from Delaware? this is going to be a remarkable cele- ties to join in the celebration of the 200th anni- There was no objection. bration of a truly remarkable event. versary of the Lewis and Clark Expedition. f Therefore, this Member would encour- Passage of H.R. 1560 is an important first age his colleagues to vote on H.R. 1560, step to ensuring that citizens all across this LLOYD D. GEORGE FEDERAL the Lewis and Clark Commemorative country have an opportunity to pay their re- BUILDING AND UNITED STATES Coin bill, and unless I have a signal spects to the history-shaping achievements of COURTHOUSE otherwise, I would like to have a re- Lewis and Clark and ``The Corps of Discov- Mr. KIM. Mr. Speaker, I move to sus- corded vote for them to do that. ery''. pend the rules and pass the bill (H.R. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7447 2225) to designate the Federal building ministration of Bankruptcy System, a Mr. GIBBONS. Mr. Speaker, I thank and United States courthouse to be Fellow at the American College of my colleague and friend the gentleman constructed on Las Vegas Boulevard Bankruptcy, and a member of the Judi- from California (Mr. KIM) as well as my between Bridger Avenue and Clark Av- cial Committee on International Judi- colleague and friend the gentleman enue in Las Vegas, Nevada, as the cial Relations. from Ohio (Mr. TRAFICANT) for their el- ‘‘Lloyd D. George Federal Building and Mr. Speaker, I support the bill and oquent remarks on this bill. United States Courthouse’’. urge my colleagues to support it. And on behalf of the gentleman from The Clerk read as follows: Mr. Speaker, I reserve the balance of Nevada (Mr. ENSIGN) and myself and H.R. 2225 my time. the great State of Nevada, I would en- Mr. TRAFICANT. Mr. Speaker, I Be it enacted by the Senate and House of Rep- courage all of my colleagues to support resentatives of the United States of America in yield myself such time as I may con- H.R. 2225 in naming the Federal build- Congress assembled, sume. ing and United States courthouse in SECTION 1. DESIGNATION. I support this bill and I want to com- Las Vegas as the ‘‘Lloyd D. George The Federal building and United States mend both the gentlemen from Nevada Federal Building and United States courthouse to be constructed on Las Vegas (Mr. ENSIGN) and (Mr. GIBBONS) for Courthouse.’’ Boulevard between Bridger Avenue and their hard work in bringing forth this It is an honor for me, Mr. Speaker, to Clark Avenue in Las Vegas, Nevada, shall be meritorious designation. I have worked come before this body to speak about a known and designated as the ‘‘Lloyd D. with the gentleman from Nevada (Mr. man who has given so much not just to George Federal Building and United States GIBBONS) specifically on many other Courthouse’’. the people of the State of Nevada but occasions, and I commend him and his to the citizens and people of this great SEC. 2. REFERENCES. other colleague, the gentleman from Any reference in a law, map, regulation, country. The naming of this building Nevada (Mr. ENSIGN), for their efforts. document, paper, or other record of the and this courthouse after Judge George United States to the Federal building and Judge George, in addition to all the will forever remind the people of Ne- United States courthouse referred to in sec- plaudits made by our distinguished vada, as well as all Americans, of a tion 1 shall be deemed to be a reference to chairman, has served on various judi- truly special man who has dedicated the ‘‘Lloyd D. George Federal Building and cial committees in the 9th Circuit. his public service and his personal pro- United States Courthouse’’. b 1315 fessional career to the people of this The SPEAKER pro tempore. Pursu- In addition to all those official du- country. ant to the rule, the gentleman from ties, very active in civic and profes- Mr. Speaker, I would also like to California (Mr. KIM) and the gentleman sional associations in Nevada that dis- point out that Judge George served in from Ohio (Mr. TRAFICANT) each will tinguishes him from many other ju- the service of this country as more control 20 minutes. rists, Judge George was the recipient of than a public service in the judiciary, The Chair recognizes the gentleman the Jurist of the Year Award and the but also as a man of integrity in mili- from California (Mr. KIM). Brigham Young Alumni Distinguished tary leadership as he was a member of Mr. KIM. Mr. Speaker, I yield myself Service Award. our United States Air Force. such time as I may consume. Judge George is the former president I encourage all Members and col- House Resolution 2225 designates the of the Clark County Association for re- leagues to support H.R. 2225 as a fitting Federal building and United States tarded children, showing the diversity way to recognize the honorable and dis- courthouse to be built in Las Vegas, of the community activity which has tinguished career of Chief Judge Nevada, as the ‘‘Lloyd D. George Fed- established him as a strong community George. Las Vegas, the State of Ne- eral Building and United States Court- support. He has also served on the Ad- vada, and the people of the United house’’. visory Committee for the Marriott States will be very honored to have his Judge Lloyd D. George was born in School of Management. Taking the name on our new Federal building and Montpelier, Idaho, and later moved to time with the people to advise in such courthouse. Las Vegas, Nevada. He earned his bach- a capacity, I think, underscores the And so, Mr. Speaker, I urge my col- elor’s degree from Brigham Young Uni- type of involvement this jurist has leagues to support this bill as a true versity in 1955, and that same year en- given to his community and to the Na- and fitting recognition of the great and tered the United States Air Force. He tion. honorable service of Judge Lloyd D. participated as a fighter pilot in the Through his long and distinguished George. Strategic Air Command, concluding his career, Judge George has been a men- Mr. OBERSTAR. Mr. Speaker, H.R. 2225 is military service in 1958, holding the tor and an advisor to many young law- a bill which will designate the federal building rank of captain. He then returned to yers. That is a rarity. It is absolutely and United States Courthouse in Las Vegas, school, where he earned his J.D. in 1961 fitting and proper to honor Judge Nevada in honor of Chief Judge Lloyd D. from the University of California at George with this designation, and I am George. Berkeley. proud to support the efforts of the gen- Judge George and his family have lived in Judge George was admitted to the tleman from Nevada (Mr. ENSIGN) and Nevada for over 6 decades. He is an active Nevada Bar in 1961 and began practic- the other gentleman from Nevada (Mr. civic leader, devoted father of four children ing in Las Vegas. In 1974, he was ap- GIBBONS). and 11 grandchildren. Judge George has re- pointed by the 9th Circuit to preside H.R. 2225 is a bill to designate the federal ceived numerous awards and honors such as over the United States Bankruptcy building and U.S. courthouse to be con- the Jurist of the Year award, the Liberty Bell Court for the District of Nevada for a structed in Las Vegas, Nevada as the Lloyd D. award for public service, Distinguished Alumni term of 14 years. In 1980, he became a George Federal Building and United States Service award from his alma mater Brigham Member of the 9th Circuit Bankruptcy Courthouse. Young University, and Professional recognition Appellate Panels. Judge Lloyd George was appointed as a from the National Conference of Christians In 1994, President Ronald Reagan ap- United States District Judge by President and Jews. pointed Judge George to the United Reagan in 1984. Prior to that appointment he Judge George served the citizens of Ne- States District Court for the District served on the United States Bankruptcy vada in the United States Bankruptcy Courts of Nevada, where he was elevated in Bench for over 10 years. for 10 years prior to his appointment by Presi- 1992 to Chief Judge of the Nevada Dis- He is a graduate of Brigham Young Univer- dent Reagan as a United States Judge in May trict. sity and received his law degree from the Uni- 1984. During his tenure on the bench, Chief versity of California in 1961. It is fitting and proper to designate the fed- Judge George held a variety of distin- Judge George has served on various judi- eral building and United States Courthouse in guished memberships. He was a board cial committees in the 9th circuit. Las Vegas in honor of Judge George in rec- member on the Federal Judicial Cen- Mr. Speaker, I reserve the balance of ognition of his significant civic and profes- ter, a member of National Bankruptcy my time. sional contributions. Conference, the chair of the Judicial Mr. KIM. Mr. Speaker, I yield 2 min- Mr. ENSIGN. Mr. Speaker, I would like to Advisory for Bankruptcy Rules, the utes to the gentleman from Nevada take this opportunity to encourage my col- chair of the Judicial Committee on Ad- (Mr. GIBBONS). leagues to support H.R. 2225, a bill that will H7448 CONGRESSIONAL RECORD — HOUSE September 9, 1998 designate the Federal building and United Mr. TRAFICANT. Mr. Speaker, I urge him to be a strong advocate for arms States Courthouse being constructed in Las an aye vote on the bill, and I yield reductions throughout his entire ca- Vegas, Nevada, as the ``Lloyd D. George Fed- back the balance of my time. reer. eral Building and United States Courthouse.'' Mr. KIM. Mr. Speaker, I yield back In addition, Congressman Dellums This is an issue of great importance to me as the balance of my time. championed issues involving civil well as all the citizens of Nevada. The SPEAKER pro tempore (Mr. rights, equal rights for women, human On November 17, 1997, ground was broken GILLMOR). The question is on the mo- rights, and environment. for the future Lloyd D. George Federal Build- tion offered by the gentleman from At the time of his retirement, Con- ing and United States Courthouse. Las Vegas California (Mr. KIM) that the House gressman Dellums was the ranking waited a long time for that day, and it was a suspend the rules and pass the bill, member on the House Committee on great milestone for our community. H.R. 2225. National Security. During his tenure, he also held chairmanship of the Com- When the Las Vegas Courthouse is com- The question was taken; and (two- mittee on Armed Services and the pleted in the year 2000, there will be another thirds having voted in favor thereof) Committee on the District of Colum- dedication ceremony for the building and the the rules were suspended and the bill was passed. bia. distinguished Nevadan whose name will ap- Throughout his 27-year career, Con- pear on the Courthouse. I would like to take A motion to reconsider was laid on the table. gressman Dellums served on a variety the opportunity to recognize a thoroughly de- of other committees and caucuses, as cent, wise gentleman whom I admire greatly: f well, including the Committee on For- Chief Judge George. eign Affairs, the Committee on the Chief Judge George served on the United RONALD V. DELLUMS FEDERAL BUILDING Post Office and Civil Service, the Per- States Bankruptcy Bench for ten years before manent Select Committee on Intel- his appointment by President Reagan as Mr. KIM. Mr. Speaker, I move to sus- ligence, and the Congressional Black United States District Judge in 1984. He has pend the rules and pass the bill (H.R. Caucus. served on three and been the chairman of two 3295) to designate the Federal building This is a fitting tribute to our es- United States Judicial Conference Commit- located at 1301 Clay Street in Oakland, teemed colleague, and his compassion tees. Judge George currently serves as a California, as the ‘‘Ronald V. Dellums for causes will be deeply missed in this member of the Judicial Conference of the Federal Building.’’ body. United States and at the request of Chief Jus- The Clerk read as follows: I support the bill and urge my col- tice Rehnquist he serves as a member of the H.R. 3295 leagues to support the bill. Judicial Conference. He is also a member of Be it enacted by the Senate and House of Rep- Mr. Speaker, I reserve the balance of the Judicial Council of the Ninth Circuit Court resentatives of the United States of America in my time. of Appeals, and has chaired the Executive Congress assembled, Mr. TRAFICANT. Mr. Speaker, I Committee of the Judicial Conference of the SECTION 1. DESIGNATION. yield 3 minutes to the gentleman from Ninth Circuit. Additionally, he frequently lec- The Federal building located at 1301 Clay California (Mr. MILLER), a distin- tures in the U.S. and abroad on various legal Street in Oakland, California, shall be guished leader on the Democrat side. topics and has published a number of articles known and designated as the ‘‘Ronald V. Del- (Mr. MILLER of California asked and in legal periodicals. lums Federal Building’’. was given permission to revise and ex- Interestingly enough, Judge George went to SEC. 2. REFERENCES. tend his remarks.) high school and grade school just across the Any reference in a law, map, regulation, Mr. MILLER of California. Mr. document, paper, or other record of the street from where the new courthouse will be Speaker, I thank the gentleman from United States to the Federal building re- Ohio (Mr. TRAFICANT) for yielding. located. That reminds me that while Nevada is ferred to in section 1 shall be deemed to be a state which welcomes new residents by the Mr. Speaker, I rise in support of this a reference to the ‘‘Ronald V. Dellums Fed- bill and urge the House to pass it. I am thousands each year, there is something to be eral Building’’. said for the Native Nevadan who loves this proud to have authored this legislation The SPEAKER pro tempore. Pursu- to name the Federal building in Oak- beautiful State so much that he would never ant to the rule, the gentleman from think of calling anywhere else home. Success- land, California, after Ronald V. Del- California (Mr. KIM) and the gentleman lums, the man who represented the ful people like Judge George could have eas- from Ohio (Mr. TRAFICANT) each will ily left Nevada many years ago to pursue lu- people of Oakland and Berkeley in Con- control 20 minutes. 1 crative careers elsewhere. But Judge George gress for 2 ⁄2 decades. The Chair recognizes the gentleman The people who will go in and out of chose to give something back to his home- from California (Mr. KIM). this building with Ron’s name on it can town and his fellow Nevadans. Mr. KIM. Mr. Speaker, I yield myself take pride in knowing that Ron cared I hope that future generations of Nevadans such time as I may consume. about them, he fought for them, and he will follow Judge George's example and re- Mr. Speaker, again, H.R. 3295 des- left a mark in Congress and this coun- main in Nevada. Growing up in Nevada gave ignates the Federal building located in try in their names. me a special understanding of this unique Oakland, California, as ‘‘Ronald Del- I would like to thank the gentleman quality of life in Nevada, and I am grateful for lums Federal Building.’’ from Texas (Mr. ARMEY), the majority such an opportunity. Congressman Dellums was born in leader, for scheduling the bill on the Naming the Las Vegas Courthouse in honor Oakland, California, on November 24, floor today. And I also would like to of Judge George is an appropriate way to ex- 1935. After 2 years of service in the U.S. thank the subcommittee chairman and press the appreciation we have for his years Marine Corps, Congressman Dellums the ranking member, the gentleman of public service to his community, the State received an honorable discharge. He from California (Mr. KIM) and the gen- of Nevada, and the United States. Due to his then followed educational pursuit and tleman from Ohio (Mr. TRAFICANT), for level of commitment, all of these societies are received his AA from Oakland City Col- their support in the full committee and better places. lege in 1958, his BA from San Francisco to thank the full committee chairman The beautiful building that will soon stand in State University in 1960, and his MSW and ranking member the gentleman Las Vegas will be an enduring testament to from the University of California at from Pennsylvania (Mr. SHUSTER) and Judge George's hard work, humility, wisdom, Berkeley in 1962. the gentleman from Minnesota (Mr. and service to others. It will also stand as a In his public role, Congressman Del- OBERSTAR) for their support of this leg- monument to the ideas we share about the lums served on the Berkeley City islation. Constitutional limits of our federal government Council from 1967 to 1970, when he was I also want to acknowledge the sup- and the rights which are reserved to the then elected to the United States port of the gentleman from California States and people. House of Representatives to represent (Mr. LEWIS) for his coauthorship of this Mr. Speaker, thank you again for your sup- northern Alameda County. bill. And I would like to thank Senator port, and I look forward to the passage of H.R. Congressman Dellums’ first major ef- BARBARA BOXER for passing this legis- 2225 so it can be sent to the White House for fort after arriving in Washington was lation in the Senate in June. the President's signature. It is probably the toward finding a resolution to the war Ron Dellums was truly a unique most fitting recognition we can give him. in Indochina. This experience prepared Member of Congress. His passion was September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7449 his fuel, and his passion did not blind And Ron Dellums, of course, rep- great integrity, tremendous passion him. He was clear, incisive, instruc- resented the other end of the country, and energy to all of the issues that he tional, and inspirational. He was a tire- out in California. And yet, this con- cared about. less champion. servative Member respects Ron Del- I think it is particularly appropriate I know I speak for most of my col- lums perhaps as much, if not more, that this conversation is taking place leagues when I say that rarely a day than almost any other Member. And on a day when we are also honoring passes that I do not remark on how I there is a reason for that: Because Ron Thomas Edison, Lewis and Clark, fit- miss his presence in this body. Ron Dellums is truly a great American. ting that Ron Dellums’ name should be Dellums was always known to be the Yes, he served in the Marine Corps, listed among the great pioneers of our best-dressed Member of Congress. He like I did many years ago. But when he country, because a pioneer he was in- was known as one of the Congress’ came to this body, he did not speak deed and is indeed. great orators, colorfully and often, but when he did, he spoke with Although he does not serve in Con- articulately dancing in the well of the sincerity. He spoke from his heart, and gress, he is still a leader for social and House to draw support for his posi- we knew that he was not playing to a economic and environmental justice in tions. And he is known as one of the crowd, that he really was debating the our country and indeed throughout the greatest advocates for peace, justice, issues that he believed in. world. and human rights. When he became the chairman of the And as we all take great pride in the Ron Dellums has been our modern- Committee on Armed Services, as it role America played in ending apart- day drum major for peace. He saved us used to be called, many of us on our heid in South Africa, we must remem- from many weapons systems that we side of the aisle thought that he might ber that it was not easy and it took did not need, could not afford, and not do a good job. But do my col- great and tremendous leadership at the probably could not control. As a titan leagues know something? He did one of start and was met with resistance from in the movement for human rights, he the finest jobs that any Democrat from the start. But Ron Dellums was there brought the titans of apartheid to their the other side of the aisle ever did as from the start. He fought that fight. knees and dragged a reluctant Amer- chairman of that committee. He was And I cannot help but think that it has ican Government along the way. He fair to all of us. to be his proudest boast that he helped fought for the civil rights of all Ameri- And that is why he and I never had a end apartheid in South Africa. cans. And more than any other Member cross word, except for early in both of As a Bay Area Member, as a Member of Congress, he helped to clearly illus- our careers, almost 20 years ago. And I from California, I want to say what trate how an overfed military budget can recall it was late at night, maybe great pride his constituents take in was literally starving our children, our 1:00 in the morning. We were in a furi- Ron’s service in Congress. Actually schools, and our communities. ous debate on the floor and we got mad Ron has a Bay Area-wide constituency, And Congressman Ron Dellums at each other. And after the debate was actually a national constituency, be- served the people of America and over, Ron Dellums came over to me cause of his eloquent leadership and fought for human rights around the and he said, ‘‘Solomon, why don’t we passionate leadership and the great in- world. He did not bid for the monied step outside and settle this.’’ And I special interests that prey on Congress tellect that he has brought to issues. looked up at him, I say ‘‘up at him’’ be- to answer their every narrow need. And And so, I want to join my colleagues cause he was 5 inches taller and 80 he is always there to help his friends. in support of this resolution. As the When it came time to downsize the pounds heavier, and I said, ‘‘Your guns gentleman from California (Mr. MIL- military establishments in the Bay or mine?’’ And he said, ‘‘What do you LER) mentioned, for generations to Area and across the United States, Ron mean?’’ I said, ‘‘Well, Ron, you are so come, young people will go to that Fed- fought to ensure the base closure proc- much bigger and in so much better eral building and the name ‘‘Ron Del- ess was fair and expeditious. He also shape and you are younger, we have to lums’’ in history will be synonymous made sure that in fact it was about handicap this.’’ So I said, ‘‘Your guns with honor, integrity, concern about economic conversion and the commu- or mine?’’ And he broke out in a smile issues, social and economic justice in nities that were affected by base clos- and he said, ‘‘Solomon, you are okay.’’ our country and throughout the world. ing. And you know what? We never had a Thank you very much to those who Perhaps in naming this Federal cross word after that time because we led the way on this, the gentleman building in Oakland will serve as an op- both respected each other. And that is from California (Mr. MILLER) espe- portunity to rededicate ourselves to why I stand here today in support of cially, for giving us the privilege in the challenges that Ron Dellums cham- naming this building after a great this House. In honoring Ron Dellums, pioned. Maybe if we learn to carry the American, a great Congressman named we bring honor to this House of Rep- convictions of a more just society with Ronald Dellums. resentatives. us and to work every day as he did, just Mr. TRAFICANT. Mr. Speaker, I Mr. KIM. Mr. Speaker, I yield back maybe we will be able to make Amer- yield 2 minutes to the gentlewoman the balance of my time. ica an even better place and a world from California (Ms. PELOSI). Mr. TRAFICANT. Mr. Speaker, I just a bit safer. Ms. PELOSI. Mr. Speaker, I thank yield 2 minutes to the gentleman from With passage of this bill today, I look the gentleman from Ohio (Mr. TRAFI- American Samoa (Mr. FALEOMAVAEGA). CANT) for yielding, and I commend him forward to the President’s signature in b 1330 naming the Federal building in Oak- and the gentleman from California (Mr. land after Ronald V. Dellums, Con- KIM) and particularly the author of (Mr. FALEOMAVAEGA asked and gressman, brother, and champion to us this resolution the gentleman from was given permission to revise and ex- all. California (Mr. MILLER), his cosponsor tend his remarks.) Mr. KIM. Mr. Speaker, I yield 5 min- the gentleman from California (Mr. Mr. FALEOMAVAEGA. Mr. Speaker, utes to the gentleman from New York LEWIS), and our great Senator, Senator I too would like to thank the gen- (Mr. SOLOMON) chairman of the Com- BOXER, for their authorship of this. tleman from California (Mr. KIM) and mittee on Rules. How wonderful this is for us in the the gentleman from Ohio (Mr. TRAFI- Mr. SOLOMON. Mr. Speaker, I cer- Congress of the United States to be CANT) for bringing this legislation to tainly thank the gentleman from Cali- naming a Federal building for someone the floor. I want to thank the gen- fornia (Mr. KIM) for yielding the time. who just a few short months ago we tleman from California as well as the People might be surprised when this, called ‘‘colleague.’’ And indeed it was gentlewoman from California for their one of the most conservative Members an honor for every one of us who had remarks, and for the opportunity to of the Republican Party, stands to pay ever had the privilege of calling him allow me to say a few words concerning tribute to one of the most liberal Mem- ‘‘colleague’’ to serve with Ron Del- this piece of legislation. bers who ever served in this body, Ron lums. Mr. Speaker, in the years I have Dellums. As has been mentioned by my col- known and been a Member of this body, I represent the Adirondack Moun- leagues, he served here with great dig- Ron Dellums’ name stands out as a tains, about as far east as we can get. nity. He brought a brilliant intellect, giant, in my opinion. There have been H7450 CONGRESSIONAL RECORD — HOUSE September 9, 1998 a lot of misunderstandings among our be the best about public service, and lums, you deserve this. You are an ab- colleagues about this gentleman, espe- what should be the best about public solutely great American. You stood in cially over the positions that he has servants looking at their constituents the well and you stood on this side for taken on questions of national security and recognizing their dignity and rec- things that were not popular years ago, and our defense posture. ognizing their needs and understanding but they are not only popular today, If there was ever someone that I have the need to be heard on their argu- they are the law today, and that is the always respected for what he has advo- ments, even when you disagree with tribute, when you put that name on cated so strongly over the years, Ron them. that courthouse. Dellums was not against our defense, So, again, I want to thank the gen- H.R. 3295, is a bill to honor Ron Dellums by but he was against corruption and the tleman from California (Mr. KIM) and naming the federal building in Oakland, CA idea that you can buy a little bolt or a the gentleman from Ohio (Mr. TRAFI- the ``Ron V. Dellums Federal Building.'' little nut that is worth only about 50 CANT) for bringing this legislation to As you know, Ron represented the 9th dis- cents in a hardware store and is sold the floor, because I think here truly we trict of California for 26 years and during that among the defense industry for $150. do honor the best of the Federal Gov- period distinguished himself in many, many That is the kind of thing that Ron Del- ernment when we seek to name this ways. lums stood for. building after Congressman Ron Del- He fought tirelessly for vigorous examination I do not think there has ever been a lums. of the state of our military establishment in- Member that I have known who, when Mr. TRAFICANT. Mr. Speaker, I cluding its purposes, its budget, and other he stands up and makes his statement yield myself such time as I may con- issues involving racial and sexual discrimina- or gives a speech in this body, he sume. tion. speaks with such great passion and Mr. Speaker, he was a liberal, he was He was a dynamic advocate for arms reduc- such a tremendous amount of under- a Democrat, but he was a great Amer- tion and peaceful resolution of international standing and knowledge on whatever ican. I have heard him called so many conflict. Ron's interests extended to issue he takes up. I have never known things on the floor. I look back at the healthcare, civil rights, Congressional author- a gentleman that could speak with history of Ron Dellums, and what a ity, and alternative budgets. He was a great friend, a mentor, always a great eloquence without even the use great Member we had in our midst. gentleman, and leader. His kindness and of notes or anything such as Ron Del- What an orator. It is so fitting to see humor are missed by all. lums. the gentleman from New York (Chair- I support this bill and urge my colleagues to I think it is most fitting that our col- man SOLOMON), one of our great Mem- join me in support of H.R. 3295. leagues have brought forth this legisla- bers, discuss here some of the little Mr. OBERSTAR. Mr. Speaker, H.R. 3295 is tion to name a Federal Building after anecdotes of Ron’s great involvement a bill to designate the federal building in Oak- this gentleman, and I sincerely hope in our Congress. land, CA, in honor of our colleague, Ron Del- Just in passing, I don’t want to em- that my colleagues will support this lums. piece of legislation. barrass her, but Susan Brita of our For over a quarter century Ron represented Mr. TRAFICANT. Mr. Speaker, I staff at the Committee on Transpor- the 9th district of California. Elected to Con- yield such time as he may consume to tation, the Subcommittee on Public gress against the backdrop of the Vietnam the gentleman from California (Mr. Buildings and Economic Development, War, Congressman Dellums worked to end MILLER). said she can remember the day when that conflict and remained a steadfast advo- Mr. MILLER of California. Mr. Ron Dellums brought the mayor in cate for peaceful solutions to conflict. Speaker, I was reminded when the gen- from Oakland, and he was lobbying to Ron became a leader for such diverse tlewoman from California (Ms. PELOSI) get free land to have this courthouse issues as rational military policy, comprehen- talked about people going in and out of built, this very same courthouse, that sive and progressive healthcare, and social this building, people go to the Federal will appropriately be named in his justice for all. buildings very often seeking help, com- honor. He was an early and out spoken critic of the passion and understanding. Very often I have had a few run-in’s with Ron. I racist apartheid policies of South Africa. He their arguments are not recognized disagreed with him on troops on the was a determined advocate of Congressional with dignity. Hopefully people will un- border and I disagreed with him on authority to declare war. He led the fight derstand that this building and the some other issues, but I will tell you against racial and sexual harassment in the people who work in it, it is named for what: He was always straight up, military forces. He was sponsor of the alter- a man who gave dignity to people’s ar- looked you right in the eye and told native agendas for the Congressional Black guments and concerns, even when he so you what he felt, right to your face, Caucus. strongly disagreed with them. and you had to appreciate that. Ron was always a gentleman, a consensus Ron Dellums used to say that he ar- But I want to go step further here builder, a mentor, and great friend to all mem- rived in Congress as an Afro-top bell- today. Nelson Mandela and his great ef- bers. His humor and judgment are sorely bottom militant from Berkley, and he forts in South Africa can never be over- missed. rose to become chairman of the Com- shadowed, but there is one real big one With great enthusiasm I support H.R. 3295, mittee on National Security. One of here today that has to be laid on the a bill to honor Ron Dellums by designating the the amazing things was after he be- platter of service of Ron Dellums: Ron federal building in Oakland, CA, as the Ronald came chairman of the Committee on Dellums had as much to do with ending V. Dellums Federal Building. National Security, where there were apartheid in South Africa and develop- Ms. LEE. Mr. Speaker, I rise in strong sup- serious disagreements about military ing self-determination in that nation port of H.R. 3295, which designates a federal policy, national policies, the future, as any other American. He deserves ab- building in Oakland, California as the ``Ronald procurements and all this, the people solutely this great and fitting tribute. V. Dellums Federal Building.'' The naming of who disagreed with him so much on the So if Ron is out there watching, and this building after my predecessor, Ronald V. issues commented how fairly they had he should be, I want him to change his Dellums, is an honor that many of his constitu- been treated by him in those hearings position on the border and securing our ents, his colleagues, and his supporters from and how fairly they had been treated in national security. His powerful voice across this nation have awaited; it is a mark front of the Committee on Rules, be- could help our country end that plight. of recognition, a symbol of their appreciation, cause he believed that people should be But I want to raise my voice today and our appreciation, for the role that he played, able to and that this body could only say Ron Dellums, you deserve this. And the leadership that he gave, the work that he function if people were allowed to to see one of his former colleagues, the did, and the spiritual uplift that he gave to the bring amendments to the floor and fine Senator from Illinois here, Mr. critical issues of our times. have a free and fair and open debate on DURBIN, it is so great to see him. I am Ron, as constituents, colleagues, friends those issues. sure if he could take the mike, I would and family call him, from the time of his first So when we name this building for like to yield to you, Senator, and I am office as a member of the Berkeley City Coun- Ron Dellums, we do so in the spirit of sure you would like to say this. cil, became the focus and the leader of a what should be the best about the Con- So, on behalf of the fine Senator who ever-growing group of people who were hun- gress of the United States, what should took his time to come over, Ron Del- gry for leadership on the critical issues of the September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7451 late 1960s and the 1970s. These people activ- crisis, Congressman Dellums soon rose to na- lution (H. Res. 459) commemorating 50 ists who were upset, angry about the Vietnam tional prominence as one of the most intel- years of relations between the United War, angry about injustices to Blacks and peo- ligent and articulate members of this Con- States and the Republic of Korea, as ple of color, and yearning to be part of a larg- gress. Congressman Dellums was widely rec- amended. er America that would be moral and ethical ognized as the kind of man that did not just The Clerk read as follows: domestically and internationally. Like his elder give lipservice to his announced legislative pri- H. RES. 459 contemporary Martin Luther King, Jr., Ron orities, but actually worked tirelessly to meet Whereas the Republic of Korea was estab- Dellums, joined the activists for civil rights and these objectives in order to better serve his lished 50 years ago on August 15, 1948; activists for peace. For over two decades, this constituency and the nation at large. There is Whereas the United States and the Repub- coalition provided some of the greatest politi- only one word that can accurately described a lic of Korea have long had a close relation- man like this, integrity. ship based on mutual respect, shared secu- cal energies and social and political achieve- rity goals, and common interests and values; ments that we have known. Mr. Dellums, first as Chairman of the Acqui- sitions Subcommittee and then as the Full Whereas the United States relies on the This coalition propelled him to the House of Republic of Korea as a partner and treaty Representatives where, as a result of his dis- Committee Chairman, showed the kind of ex- ally in fostering regional stability, enhanc- tinguished work in the Armed Services Com- emplary dignity befitting of the Chairman's ing prosperity, and promoting peace and de- mittee, now the National Security Committee, gavel. Even though Congressman Dellums mocracy; he was elected to be the Chair and later the was always an advocate of lower military Whereas the American military personnel Ranking Member of that committee. He was spending, he never used the power of the who are, and have been, stationed on the Ko- Chair as a means of impeding any opposing rean Peninsula have been key in deterring valued and loved because of the role that he armed aggression for more than 4 decades; took on that committee and on the floor of views held by his colleagues. Dellums used only his intellect and his vote as a way of ex- Whereas South Korean soldiers fought Congress. He spoke the fears and doubts pressing his views on pending legislation, and alongside American troops on the battle- about an involvement in the war in Southeast I am sure that this is how the Framers of the fields of Korea and Vietnam; Asia; he addressed, passionately, the need for Whereas the Republic of Korea has em- Constitution envisioned a Congressional Rep- social and economic justice domestically and braced economic reform and free market resentative would conduct his or herself. principles in response to current economic abroad. He helped to forge the annual Alter- I honestly cannot think of a higher com- native Budget which was a product of the circumstances; pliment to give to a lawmaker than to say that Whereas the Republic of Korea is an impor- Congressional Black Caucus and the Con- they consistently stood upon their convictions tant trading partner of the United States, gressional Progressive Caucus. This budget in the face of opposition with honor and dig- the recipient of significant direct American was of tremendous importance to his district nity. Ronald V. Dellums, without exception, re- investment, and a prominent investor in the and to national constituents because it pro- mained this kind of man of convictions, during United States; vided a necessary voice to many of their his nearly thirty years of service in the United Whereas the large Korean-American com- deepest moral considerations. States Congress, and this must be applauded. munity has made significant contributions The people who worked with Ron, who sup- to American society and culture; Like Robert Frost said, Congressman Dellums Whereas the people of the Republic of ported Ron, who became the people who love took ``the road less traveled by, and that has Ron, I know will value this designation. I urge Korea have demonstrated their strong com- made all of the difference''. mitment to democratic principles and prac- my colleagues to support this bill. In conclusion, I believe that designating a tices through free and fair elections; and Ms. JACKSON-LEE of Texas. Mr. Speaker, federal building in honor of Congressman Del- Whereas the state visit of President Kim I rise to speak on behalf of this bill, which des- lums is the absolute least we could do. It is Dae-jung to the United States offered the ignates the Federal Building located on Clay but a small part in his legacy, one which will people of the United States and the people of Street in Oakland, California, the ``Ronald V. leave an imprint of his dedication to public South Korea an opportunity to renew their Dellums Federal Building.'' service in the minds of all of the federal em- commitment to international cooperation on With the announcement of his sudden retire- ployees in this building, while that imprint re- issues of mutual interest and concern: Now, ment from the Congress last month, Rep- therefore, be it mains firmly in the hearts of the Members of Resolved, That the House of Representa- resentative Ronald V. Dellums, the esteemed this elected body. tives— former chairman of the House National Secu- Mr. TRAFICANT. Mr. Speaker, I urge (1) congratulates the Republic of Korea on rity Committee (previously called the House an ‘‘aye’’ vote, and I yield back the bal- the 50th anniversary of its founding; Armed Services Committee), began to write ance of my time. (2) commends the people of the Republic of the final chapter of a brilliant legacy of public The SPEAKER pro tempore (Mr. Korea on the peaceful democratic transition service spanning well over three decades, that GILLMOR). The question is on the mo- that has taken place during the most recent simply cannot go without recognition. tion offered by the gentleman from Presidential elections; After a distinguished tour of service in the California (Mr. KIM) that the House (3) supports the government of President United States Marine Corps, Congressman suspend the rules and pass the bill, Kim Dae-jung as it takes appropriate meas- H.R. 3295. ures to address the problems in the Korean Dellums began to prepare himself to pursue a economy; career of helping others. Congressman Del- The question was taken; and (two- thirds having voted in favor thereof) (4) confirms that the question of peace, se- lums was the first member of his family to at- curity, and reunification on the Korean Pe- tend college, and completed his studies with a the rules were suspended and the bill ninsula is, first and foremost, a matter for Masters Degree in Social Work from the Uni- was passed. the Korean people to decide and that the A motion to reconsider was laid on versity of California. The Congressman's cho- Four-Party Peace Talks complement direct the table. sen field was that of psychiatric social work North-South dialog; and before he realized his true calling was in the f (5) looks forward to a broadening and deepening of friendship and cooperation with the area of public interest. GENERAL LEAVE Republic of Korea in the years ahead for the While serving as a well-respected commu- Mr. KIM. Mr. Speaker, I ask unani- mutual benefit of the people of the United nity activist in the Bay Area, Congressman mous consent that all Members may States and the people of the Republic of Dellums was persuaded by friends that he have 5 legislative days within which to Korea. could be an even greater good to the local revise and extend their remarks on The SPEAKER pro tempore. Pursu- community by serving on the Berkeley City H.R. 3295. ant to the rule, the gentleman from Council. The Congressman consented to The SPEAKER pro tempore. Is there New York (Mr. GILMAN) and the gen- these requests, and was elected to the Berke- objection to the request of the gentleman from American Samoa (Mr. ley City Council in 1966. After four years on tleman from California? FALEOMAVAEGA) each will control 20 the City Council, in 1970, Congressman Del- There was no objection. minutes. lums challenged the incumbent of the Ninth f The Chair recognizes the gentleman Congressional District of California, and won. from New York (Mr. GILMAN). From this point on, I guess one could say that COMMEMORATING 50 YEARS OF GENERAL LEAVE the ``rest was history''. RELATIONS BETWEEN THE Mr. GILMAN. Mr. Speaker, I ask Dellums, upon his arrival in Washington in UNITED STATES AND THE RE- unanimous consent that all Members 1971, emerged as one of the most controver- PUBLIC OF KOREA may have 5 legislative days within sial figures on Capitol Hill. Always willing to be Mr. GILMAN. Mr. Speaker, I move to which to revise and extend their re- a balanced and independent voice in times of suspend the rules and agree to the reso- marks on H. Res. 459. H7452 CONGRESSIONAL RECORD — HOUSE September 9, 1998 The SPEAKER pro tempore. Is there United States and the Republic of two countries have anchored our stra- objection to the request of the gen- Korea. The resolution also congratu- tegic relationship with Asia. In part- tleman from New York? lates the Republic of Korea on its 50th nership with the hard-working, free- There was no objection. anniversary of its founding. The resolu- dom-loving people of the Republic of Mr. GILMAN. Mr. Speaker, I yield tion also supports the new president, Korea, both our countries have pros- myself such time as I may consume. Kim Dae-Jung, and the government, pered and both our countries have (Mr. GILMAN asked and was given and deals with the Republic of Korea’s grown to be an alliance role model for permission to revise and extend his re- economic problems. The resolution the entire free world. marks.) also confirms that the questions of Today, with the Korean people facing Mr. GILMAN. Mr. Speaker, I am peace, security and reunification of the a time of economic trouble, I recently proud to have been able to introduce Korean peninsula are matters for the had the honor of visiting with the lead- this resolution commemorating 50 Korean people to decide, and that the ers of the Republic of Korea and our years of relations between our Nation four party talks compliment direct military installations up near the DMZ and the Republic of Korea. It is only North-South dialogue. at Camp Casey and other areas. With- fitting that the House makes note of Mr. Speaker, the principle author, as out question, the Korean people have this special relationship that the I said earlier, the gentleman from New the vision and they have the courage to United States and the Republic of York, and the gentleman from New face their current economic problems Korea have shared since 1948, nearly York (Mr. ACKERMAN), the gentleman with a little help from us. half a century. from New Jersey (Mr. PAYNE), the gen- The United States has important b 1345 strategic, economic and political inter- tleman from California (Mr. BERMAN), Korea will set a shining example for ests at stake in Northeast Asia, and the gentleman from California (Mr. the rest of Asia in working through a maintaining stability remains an over- LANTOS), myself, and the gentleman difficult economic downturn. The peo- riding U.S. security concern in that re- from California (Mr. SHERMAN) are co- ple of Korea have the will, they have gion. South Korean soldiers have stood sponsors of this piece of legislation. the vision, to turn their economic shoulder-to-shoulder with American The resolution was drafted to welcome problems around. I am personally ex- troops on the battlefields of Korea and president Kim Dae-Jung upon his visit tremely bullish on the Republic of Vietnam in order to protect and ad- to Washington in June. The resolution Korea in the long run. vance these mutual interests. was passed by the Asia Pacific sub- When the history of this time is writ- Today, South Korea remains an im- committee on May 13th of this year. ten, the courage and the leadership the portant partner and ally in guarding Technical amendments were made in Republic of Korea showed during the the peace and maintaining stability in the full committee markup which was fifties, by throwing back communist Northeast Asia. To support these objec- held July 21st of this year. invaders, will be repeated by their tives, 37,000 American servicemen and Mr. Speaker, the administration has leadership in bringing back the rest of women are stationed in South Korea no objection to this resolution. As a co- Asia from financial hardship. But never protecting freedom and democracy, sponsor of this resolution, I commend forget that America and Korea have a which is threatened on a daily basis by the gentleman from New York for real and dangerous enemy in North the communist government and armed bringing it to our attention. Korea today. It is still there, threaten- forces of the Democratic People’s Re- I expect this resolution will be widely ing at this very minute. And there are public of Korea. supported because there is great admi- others who share their atheistic Com- The United States is pleased with the ration in this body for the people and munist philosophy. flourishing of democracy in South the government of South Korea. The We must both remain strong and Korea. The Republic of Korea serves as American people and South Korean vigilant to ensure that the North is not an example to others in the region and people have stood shoulder-to-shoulder foolish enough to attempt another in- encourages progress and the furthering during some of the most difficult peri- vasion. of democratic principles and practices, ods of the past half century. I have no Our vigilance and our deterrence respect for human rights and the en- doubt that they will continue to stand come at a price, however. America’s hancement of the rule of law. shoulder-to-shoulder during the next young men and women in uniform are Our Nation is blessed with a large half century. called upon even in times of relative Korean-American community, which This resolution reaffirms our com- peace to make the supreme sacrifice. has made immeasurable contributions mitment to and to keep our affection This summer, just a month or two to our American society and culture. for the people of South Korea. This res- ago, two American soldiers died while Congress looks forward to broadening olution deserves our support, and I serving in Korea, swept away in the and deepening of our friendship, our co- urge my colleagues to vote yes on this devastating floods there. This was a so- operation and solidarity with the Re- important resolution. bering reminder of the commitment public of Korea in the years ahead, for Mr. Speaker, I reserve the balance of made by America to serve this theater, to protect the peace and to stand by the mutual benefit of the peoples of our my time. this strong ally of ours. That is a testa- Nation and the Republic of Korea. Mr. GILMAN. Mr. Speaker, I am Accordingly, Mr. Speaker, I urge my pleased to yield four minutes to the ment to our faith in Korea. And I colleagues to support this timely reso- gentleman from New York (Mr. SOLO- would call on my fellow Members to lution commemorating the distinctive MON). give additional resources to the United ties between the peoples and govern- Mr. SOLOMON. Mr. Speaker, I thank States Army to immediately help re- ments of our two great nations. the gentleman for bringing this resolu- pair the flood damage, over $300 mil- Mr. Speaker, I reserve the balance of tion to the floor. lion worth of damage, but more impor- my time. Mr. Speaker, on a hot summer day tantly to increase their combat readi- Mr. FALEOMAVAEGA. Mr. Speaker, almost 50 years ago the forces of free- ness to maintain the deterrence pos- I yield myself such time as I may con- dom and democracy rallied to stop a vi- sible only through a position of sume. cious invasion of the Republic of Korea strength and power. (Mr. FALEOMAVAEGA asked and by the communist forces of North In closing, let me on behalf of a was given permission to revise and ex- Korea and the People’s Republic of grateful nation, say to President Kim tend his remarks.) China. Let us never forget, yes, and the Dae-Jung and the Korean people: Mr. FALEOMAVAEGA. Mr. Speaker, People’s Republic of China. On the Ko- ‘‘America thanks you for standing with I want to thank the gentleman from rean peninsula, the free world met that us shoulder to shoulder in defending New York (Mr. GILMAN), the chairman challenge of stopping and eventually our two countries against those that of the Committee on International Re- sending the evil forces of godless com- would take away our most cherished lations, for his authorship of this piece munism to the trash heap of history. In possession, and that is our freedom and of legislation. that time of testing, America and the our democracy.’’ I thank the gen- Mr. Speaker, the resolution com- Republic of Korea became the very best tleman for bringing this resolution to mends 50 years of relations between the of allies. The bonds forged between our the floor. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7453 Mr. GILMAN. I thank the distin- Jong-il will become more desperate and South Korea that includes a range of security, guished chairman of our Rules Com- more dangerous. economic, and political issues. Throughout the mittee, the gentleman from New York House Resolution 459 sends a strong Cold War, we have remained close allies and (Mr. SOLOMON), who has been a long- signal to the government of North and firm friends. The 1953 Mutual Defense Treaty standing champion of Korea, for his el- South Korea, as well as to the 37,000 is not only important to the security of South oquent remarks. American troops stationed along the Korea but to the peace and stability of north- Mr. Speaker, I yield 4 minutes to the border, that the United States is un- east Asia as well. gentleman from California (Mr. KIM). wavering in its support of South Korea. Despite the recent financial instability, South (Mr. KIM asked and was given per- House Resolution 459 is an important Korea's economy experienced remarkable mission to revise and extend his re- symbol recognizing the long and spe- growth since the end of the Korean War. marks.) cial relationship between the United Today the United States is South Korea's larg- Mr. KIM. Mr. Speaker, I rise today in States and the Republic of Korea. This est trading partner and largest export market. strong support of House Resolution 459 resolution serves as a valuable re- In turn, South Korea is America's seventh commemorating 50 years of relations minder of our genuine relationship and largest trading partner, fifth largest export mar- between the United States and the Re- friendship, and I call on my colleagues ket, and fourth largest market for U.S. agricul- public of Korea and commemorating to wholeheartedly support this legisla- tural products. the Korean people for their steadfast tion. As Chairman of the Subcommittee with commitment to democracy. Mr. FALEOMAVAEGA. Mr. Speaker, oversight responsibility over the Korean Penin- As you know, I was born in Korea I yield myself such time as I may con- sula, this Member has marveled at the deter- while it was under occupation by the sume. mination of the Korean people to address and Japanese military in the late 1930s. I Mr. Speaker, I want to thank the speedily resolve the economic difficulties that was a little boy in Seoul when the Re- gentleman from New York (Mr. SOLO- have caused their financial crisis. The Repub- public of Korea gained its independence MON) and the gentleman from Califor- lic of Korea has made significant strides in rein 1948 and, like many, I witnessed nia (Mr. KIM) for their eloquent state- forming, restructuring and opening its econ- communist invasion from the North in ments. I would be remiss if I did not omy and breaking the old monopolies that have choked the economy. Also, newly-elect- 1950 and the allies’ successful libera- recognize the fact that many of our ed President Kim Dae Jung has committed his tion of Seoul for good in 1951. colleagues are Korean veterans or vet- administration to making further structural re- To me personally, the United States erans of the Korean War, and probably forms designed to resolve the country's eco- has been Korea’s strongest and most more than anyone in this body would nomic and financial problems and restore dependable ally over the last 50 years. have a greater sense of sensitivity and international confidence in South Korea's From my earliest encounter with the understanding and appreciation of the economy. U.S. during the war, I knew I wanted to sacrifices that our veterans made during the Korean War. Mr. Speaker, H. Res. 459 sends a strong be an American. Many others like me I remember a Chinese proverbial message of the importance our bilateral rela- also came to America and added a spe- statement saying that there are many tionship and our commitment to strengthening cial cultural and emotional tie between acquaintances, but very few friend. Mr. this partnership as we enter the 21st century. America and Korea. Speaker, I want to exemplify that This Member urges adoption of H. Res. Today, the Korean-American commu- statement with the fact that during 459. nity is thriving and serves as a bridge the Vietnam War, as much as I can re- Mr. FALEOMAVAEGA. Mr. Speaker, between the U.S. and Korea. I am very call, our Korean friends were the only I yield back the balance of my time. Mr. GILMAN. Mr. Speaker, I have no proud of that. ones that committed forces sufficient The timing of this expression of sup- further requests for time, and I yield enough to help us fight the Vietnam port by the U.S. Congress for the Re- back the balance of my time. War. And I think this is truly a real The SPEAKER pro tempore. The public of Korea could not be better. tribute to the people and to the leaders The people of South Korea are strug- question is on the motion offered by of Korea where there are many ac- the gentleman from New York (Mr. gling with an extraordinary economic quaintances, but there are very few GILMAN) that the House suspend the crisis that has affected every segment friends, and when the chips are down, of society, but they are doing so honor- rules and pass the bill, H.R. 459, as Mr. Speaker, we really know who our amended. ably and with a sense of purpose. real friends are. I want to pay this spe- Much of the credit can be attributed The question was taken. cial tribute, not only to President Kim Mr. GILMAN. Mr. Speaker, on that I to newly elected President Kim Dae- Dae-Jung, but also to the good people Jung, whose grasp of problems and un- demand the yeas and nays. of Korea and to say again that the res- The yeas and nays were ordered. derstanding of what must be done gives olution really, really deserves their at- The SPEAKER pro tempore. Pursu- me hope for the future of Korea. Imple- tention. ant to clause 5 of rule I and the Chair’s mentation of needed reforms will be a Again, I urge my colleagues to sup- prior announcement, further proceed- painful process, but in the end, one port this resolution and I thank the ings on this motion will be postponed. that will result in a much stronger and gentleman from New York for his spon- f more competitive Korea, a Korea sorship of this resolution. Again, I hope whose citizens will be more prosperous that my colleagues will vote in favor of SENSE OF THE HOUSE DEPLORING and more secure in the knowledge that this resolution. TRAGIC AND SENSELESS MUR- the economic system is a sound one. Mr. BEREUTER. Mr. Speaker, this Member DER OF BISHOP JUAN JOSE However, sadly, the people of South rises in strong support of H. Res. 459, a reso- GERARDI Korea must also contend with an in- lution commemorating 50 years of relations Mr. GILMAN. Mr. Speaker, I move to creasingly belligerent North Korea. between the United States and the Republic of suspend the rules and agree to the reso- The recent test firing of the Taepo Korea. H. Res. 459 was introduced by the dis- lution (H. Res. 421) expressing the sense Dong I missile over Japanese air space tinguished gentleman from New York, the of the House of Representatives deplor- ushers in a new era of insecurity in an Chairman of the Committee on International ing the tragic and senseless murder of already unstable region. This overly Relations [Mr. GILMAN] on June 5th, and re- Bishop Juan Jose Gerardi, calling on hostile act has raised tensions consid- ferred to the Subcommittee on Asia and the the Government of Guatemala to expe- erably among our allies in the Far Pacific. The people of Korea have no better ditiously bring those responsible for East. The Taepo Dong I missile was es- friend in the U.S. Congress than the gen- the crime to justice, and calling on the timated to have a warhead capability tleman from New York, and this Member com- people of Guatemala to reaffirm their of 3,000 pounds and could carry conven- mends the gentleman for his efforts to craft a commitment to continue to implement tional weapons, or weapons of mass de- strong bipartisan statement of support for the peace accords without interrup- struction. U.S.-Korea relations. This Member is pleased tion. As the economic meltdown in North to join his chairman in cosponsoring this im- The Clerk read as follows: Korea continues and the mass starva- portant resolution. H. RES. 421 tion being reported accelerates, the al- Over the past fifty years America has main- Whereas on December 29, 1996, the Govern- ways unpredictable regime of Kim tained a strong, multifaceted relationship with ment of Guatemala and the representatives H7454 CONGRESSIONAL RECORD — HOUSE September 9, 1998 of the Unidad Revolucionaria Nacional The Chair recognizes the gentleman of the capital’s Spanish colonial style Metro- Guatemalteca signed a historic peace accord from New York (Mr. GILMAN). politan Cathedral to present to his nation ending 36 years of armed confrontation; (Mr. GILMAN asked and was given the results of a report detailing three dec- Whereas the peace accords, which included permission to revise and extend his re- ades of horrific civil strife in Guatemala, as the primary goals lasting peace, national marks.) with information about more than 400 mas- reconciliation, and political stability for all sacres, thousands of murders, rapes and Guatemalans, are being successfully imple- GENERAL LEAVE cases of torture. It concluded that 79 percent mented; Mr. GILMAN. Mr. Speaker, I ask of the abuses were committed by government Whereas the peace accords included the unanimous consent that all Members forces and 9 percent by the leftist guerrillas creation of individual commissions to imple- may have 5 legislative days within opposing them. Entitled ‘‘Guatemala: Never ment a wide range of reforms to the politi- which to revise and extend their re- Again,’’ the report was based on thousands of cal, social, and judicial systems of Guate- marks on H. Res. 421. interviews conducted with survivors, wit- mala, including an enhanced respect for The SPEAKER pro tempore. Is there nesses and even perpetrators of the abuses. human rights and the rule of law; objection to the request of the gen- Gerardi’s message accompanying the report was hardly comforting to a nation Whereas, despite the fact that crime and tleman from New York? violence remain prevalent in Guatemala, the where many prefer to forget the ordeal of the There was no objection. conflict that ended only two years ago. human rights situation has improved over Mr. GILMAN. Mr. Speaker, I yield the last several years, allowing for the cre- ‘‘Facing our personal and collective reality ation of special investigative commissions myself such time as I may consume. is not an option that can be accepted or re- on human rights abuses, the prosecution of Mr. Speaker, I rise in strong support jected,’’ he declared, knowing that the report those involved in past human rights-related of H. Res. 421. I agreed to cosponsor would not be well received by supporters of crimes, and the ability of human rights this resolution, having been shocked by the military, or by the many Guatemalans groups to operate with freedom; the news of the senseless murder of his who have remained aloof from the conflict. Whereas, in recognition that the human eminence, Bishop Juan Jose Gerardi. ‘‘It is a requirement for every human being, rights situation in Guatemala had improved A great deal of progress has been for every society that hopes to become significantly, the United Nations Human made in Guatemala since the signing of human and be free.’’ Rights Commission voted to remove Guate- Two days later, the bishop was dead. His the Peace Accords. It is a terrible trag- body was found in the garage of his parish mala from its list of countries under obser- edy for Guatemala to suffer the loss of vation for abuses; house, his head bashed in with a heavy ob- Whereas on Sunday, April 26, 1998, Guate- one of its most steadfast champions of ject. He was 75 years old. malan Roman Catholic Bishop Juan Jose human rights. This brutal act occurred Four months later, the country is still ab- Gerardi was brutally and senselessly mur- just as the process of examining the sorbed by Gerardi’s death and the details of dered just 48 hours after presenting a land- painful legacy of past abuses by secu- the murder investigation, which to date has mark report detailing significant human rity forces and guerillas was beginning yielded no clear culprit. Opinion is divided rights atrocities associated with the 36-year in earnest. over whether the murder was an assassina- civil war in Guatemala; Just days before he was murdered, tion or a common crime. Competing theories say that Gerardi was killed by members of Whereas Bishop Gerardi, while considered Bishop Gerardi issued the Catholic a common man, dedicated to his ministry, the armed forces—the initial suspicion of Church’s report on human rights many—or by a priest who lived with him and was also considered one of Guatemala’s most abuses during Guatemala’s 3 decade- progressive clergymen, an outspoken human who has been detained for questioning but rights advocate, and was the author of the long guerrilla conflict. not formally charged. While the media here recent report ‘‘Guatemala: Never Again’’, This past Sunday, The Washington follow the case closely and Guatemalans dis- the first comprehensive examination of Post ran a prominent story on Bishop cuss it avidly, the content of the church’s re- human rights violations committed during Gerardi and on the critically important port has largely been overshadowed. One morning last month, a steady trickle the decades of political violence which en- church report he oversaw, entitled, of buyers picked up copies of the four-vol- gulfed that nation; ‘‘Guatemala: Never Again.’’ The Post ume report, priced at $40, at the head- Whereas the slaying of Bishop Gerardi article chronicles Bishop Gerardi’s ex- quarters of the Office of Human Rights of the casts a pall over the effectiveness of the traordinary leadership in defending the Archdiocese of Guatemala next door to the peace accords and raises questions regarding cathedral. But while every Guatemalan I en- the national commitment to human rights church and the indigenous peoples of countered during a recent visit had some- and freedom of expression; and Guatemala who were, to quote the Post thing to say about the investigation of the Whereas the expeditious and successful res- story, ‘‘Caught in the middle, recruited murder, only one—a retired banker—said he olution of the tragic death of Bishop Gerardi by both sides, and frequently the vic- had actually read the report. is critical for the continuation of support for tims of harsh, irregular warfare.’’ Perhaps no one would have been more dis- the peace accords: Now, therefore, be it Mr. Speaker, I support this resolu- appointed than Gerardi himself. Persuading Resolved, That it is the sense of the House tion and especially its call on the gov- Guatemalans to face the painful truths of Representatives that— ernment of Guatemala, including the about the war was his personal mission. Born (1) the Government of Guatemala, includ- national police and the military, to in Guatemala City to a couple of Italian de- ing the national police and the military, take all steps necessary to resolve the scent, Gerardi became a traditional church- should commit themselves to take all steps man who did not speak out on political necessary to resolve the heinous murder of killing of Bishop Gerardi. This is an historic opportunity for issues until the late 1970s when violence be- Guatemalan Roman Catholic Bishop Juan tween leftist guerrillas and government Jose Gerardi; President Alvaro Arzu to lead his people in breaking with impunity. Reform- forces intensified in the mountainous prov- (2) in order to deter continued human ince of El Quiche where he worked. Most rights abuses, resolve other human rights ist elements in the Guatemalan Army residents of the spectacularly beautiful re- cases, and improve the citizens’ sense of per- who are working to create a profes- gion are Indians who live on tiny subsistence sonal security, the Government of Guate- sional military, as well as their former farms and still practice their traditional cul- mala should continue its efforts to establish guerrilla adversaries in the National tures. effective civilian law enforcement and judi- Guatemalan Revolutionary Union, the As various leftist rebel groups battled Gua- cial institutions; temala’s military-dominated governments, (3) the Government and people of Guate- URNG, should seize this opportunity to demonstrate their commitment to re- these Indians were caught in the middle—re- mala should make a renewed commitment to cruited by both sides and frequently the vic- successfully implement the peace accords, solving this crime. tims of harsh irregular warfare. especially those accords concerning human Accordingly, Mr. Speaker, I urge my Gerardi began to take a more open politi- rights; and colleagues to fully support this meas- cal stand when the army and paramilitary (4) the United States Government should ure. groups allied with it targeted church work- provide all necessary support to the inves- Mr. Speaker, I include at this time ers, accusing them of supporting the guerril- tigation of the murder of Bishop Gerardi and for the RECORD the article from the las. In 1976, the Rev. William Woods, an to continue to support the full implementa- Washington Post which I referred to American Maryknoll missionary who was tion of the peace accords. earlier in my comments. working with a peasant cooperative, was killed. A church biography of Gerardi called The SPEAKER pro tempore. Pursu- [From the Washington Post, Sept. 6, 1998] ant to the rule, the gentleman from this the ‘‘beginning of systematic persecu- A LOOK AT . . . A MURDER IN GUATEMALA: tion against the church in El Quiche.’’ In the New York (Mr. GILMAN) and the gen- THE MYSTERIOUS DEATH OF BISHOP GERARDI early ’80s, according to Tom Quigley, a pol- tleman from American Samoa (Mr. (By Terri Shaw) icy adviser to the U.S. Catholic Conference, FALEOMAVAEGA) each will control 20 GUATEMALA CITY.—On April 24, Bishop ‘‘Quichie was the Wild West,’’ and scores of minutes. Juan Jose Gerardi stood in front of the altar priests and lay leaders were killed. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7455 Gerardi tried to persuade military and gov- for’’ and ‘‘recognize the murders of civilian and spirit of the accords. Guatemala’s ernment officials to moderate the army’s noncombatants.’’ And it recommends sym- response to Bishop Gerardi’s killing is brutal methods, but he was unsuccessful. In bolic measures such as commemorative cere- an indicator of the willingness to im- 1980, he took the unusual step of withdraw- monies and monuments to the victims. plement those accords. ing all Catholic religious workers from the It is a daunting agenda for a traumatized province after he himself was shot at. country of 11.6 million where it is easier to I believe, Mr. Speaker, that we can Gerardi went to Rome for a conference and forget than forgive—but one that Gerardi did expect much more progress, and that told Pope John Paul II about the attacks on not flinch from promoting. He closed his last we ought to continue to follow this Indian communities and the church. The speech in the cathedral with a biblical quote case closely as an indicator of the gov- pope issued a letter shortly thereafter con- that he said was brought to mind by the ernment’s commitment to human demning the violence and Gerardi flew back ‘‘memory of these painful facts’’: rights and its commitment to the spir- to Guatemala City, but was turned away at And the Lord said to Cain, Where is Abel it of the peace accords. the airport. He went into exile in Costa Rica. thy brother? And he said, I know not; Am I Mr. Speaker, this resolution deserves ‘‘It is not convenient for me to go back my brother’s keeper? now,’’ he told June Erlick, a reporter for Na- And He said, What hast thou done? The our support, and I urge my colleagues tional Catholic Reporter, at the archdiocese voice of they brother’s blood crieth unto me to join me in voting yes on this impor- in the Costa Rica capital, San Jose, where he from the ground. tant resolution. was living. ‘‘In two days, in four days, in two Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of weeks, I would be dead. And if I weren’t, my time. my time. someone close to me would be.’’ (Mr. FALEOMAVAEGA asked and Mr. GILMAN. Mr. Speaker, I am Two years in exile did not radicalize pleased to yield 5 minutes to the gen- Gerardi, however. He spurned invitations to was given permission to revise and ex- join groups backing the guerrillas and re- tend his remarks.) tleman from Texas (Mr. BRADY), who is fused to support about a dozen priests living Mr. FALEOMAVAEGA. Mr. Speaker, the original sponsor of this measure. in Nicaragua who formed what they called a I yield myself such time as I may con- Mr. BRADY of Texas. Mr. Speaker, ‘‘Guatemala church in exile.’’ In 1982, when sume. House Resolution 421 is a bipartisan ef- it was safer to work in Guatemala, he re- Mr. Speaker, I want to thank the fort introduced with the strong support turned. In 1984 he was named auxiliary gentleman from New York (Mr. GIL- and leadership of the chairman, the bishop, and in 1988 he joined a National Rec- gentleman from New York (Mr. BEN onciliation Commission that encouraged MAN), the chairman of the Committee GILMAN), and the chairman of the Sub- meetings involving representatives of the on International Relations, for his guerrillas, the government and other groups, leadership and management of this bill committee on the Western Hemisphere, laying the groundwork for the peace accords before the body. the gentleman from California (Mr. that finally brought an end to the 36-year Mr. Speaker, this legislation was in- ELTON GALLEGLY). war in 1996. troduced and authored by the gen- It expresss the sense of the House of In 1990, he formed the Human Rights Office tleman from Texas (Mr. BRADY), and it Representatives deploring the tragic of the archdiocese and in 1995 began the his- has the bipartisan support of all of the and senseless murder of Bishop Juan toric memory project. This effort, which was members of the Subcommittee on the Gerardi, to call on the government of financed in part by European foundations, Guatemala to expeditiously bring those involved training 600 lay people who lived Western Hemisphere as cosponsors. where the fighting took place to conduct Mr. Speaker, the resolution calls for responsible for the crime to justice, interviews with witnesses, survivors and, in the government of Guatemala to de- and to call on the people of Guatemala some cases, perpetrators of abuses. About nounce the murder of Bishop Juan Jose to reaffirm their commitment to con- two-thirds of the interviews were conducted Gerardi and to commit to take all nec- tinue to implement the peace accords in the languages spoken by the Indians who essary steps to resolve the murder. without interruption to bring atten- make up a majority of the Guatemalan popu- Bishop Gerardi, an auxiliary bishop of tion. lation and who are a disproportionate num- Guatemala City, was the author of the In some ways it is appropriate that ber of the victims of abuses chronicled in the we are considering this resolution report. Guatemalan Church’s narrative on the The project—generally called REHMI, its Civil War, released 2 days before he was today. It was on this day in 1776 that Spanish acronym—was conceived in part as a murdered outside his home in Guate- our Second Continental Congress au- supplement to the work of a Historic Clari- mala City. It was by far the highest thorized the use of the name ‘‘the fication Commission formed by the peace ac- profile murder in Guatemala since the United States’’ for our young Nation. cords. The commission’s mandate was to in- signing of the Peace Accords in Decem- Historians tell us no other subject vestigate human rights abuses committed more appropriately demonstrates one during the conflict, but not to name those ber 1996. Mr. Speaker, ‘‘tragic’’ and ‘‘sense- of the important steps taken by our responsible. The church’s report, on the Founding Fathers in our Nation’s move other hand, does name names and does as- less’’ are appropriate words to define sign responsibility to the leaders of the guer- the murder of Bishop Gerardi. There towards independence and freedom. rilla organizations and of the army and para- are very few people who worked as hard Just as we have achieved that goal, military groups allied with it. as he did to bring to Guatemala a new Bishop Gerardi’s report, which was a The REHMI report also demanded that sense of respect for human rights. It is monumental, historic report entitled both the army and the guerrillas publicly ac- now 5 months since this brutal incident ‘‘Guatemala: Never Again,’’ was and is knowledge responsibility for abuses and took place, but it is timely that we an important step in Guatemalans’ ef- apologize. So far representatives of both forts at achieving their peace and their groups have admitted only to ‘‘errors.’’ focus our attention on this murder Gerardi’s mission remains to be completed. today. freedom. Edgar Gutierrez, who directed the REHMI The investigation of the murder is As we may recall, late in the evening project, points out that the negotiations bogged down and we have heard very on Sunday, April 26 of this year, Bishop that ended the war were conducted by the little public expressions of frustration Gerardi was brutally bludgeoned to leaders of the government and the guerrillas, from the people in Guatemala in fol- death in his garage as he returned from not the people themselves. ‘‘The population, lowing the investigation. We are right his usual Sunday night dinner with his in general, remained divided,’’ he said. to express our ongoing interest in this sister and her family. ‘‘Since there is no reconciliation within the Specifically, the skull of Bishop population affected by the armed conflict, case, and our commitment to seeing a the church now will work to bring about the successful investigation and prosecu- Gerardi was crushed by a wedge of con- reconstitution of the social fabric.’’ tion. The United States has already crete. The autopsy revealed that the The REHMI report ends with recommenda- provided substantial assistance to Gua- Bishop had been bashed in the head re- tions of ways to help Guatemalans come to temala and has pledged further support peatedly, and in the face, at least 17 terms with their past and live together for the implementation of Guatemala’s times. Mr. Speaker, the Bishop’s face peacefully. These include concrete measures Peace Accords. was bashed so badly that another that could be taken by the government, such priest living in the church’s compound as financial restitution and humanitarian b 1400 could only recognize his body by a ring aid for survivors, attention to human rights cases in the courts and investigation of the I believe that we pledged $260 million on one of the fingers. cases of people who disappeared. The report in assistance over 4 years now, and This attack occurred just 2 days after also asks the guerrillas to ‘‘clarify the that support is contingent on all par- Bishop Gerardi, one of Guatemala’s, deaths and disappearances it was responsible ties remaining committed to the letter and indeed, our world’s, foremost H7456 CONGRESSIONAL RECORD — HOUSE September 9, 1998 human rights activists, released a re- today, but I will be submitting a state- national and Guatemalan organizations of the port providing the most extensive ac- ment on his behalf under leave pre- political will that the Arzu government has count of human rights atrocities com- viously obtained. demonstrated and of important advances in mitted during the 36-year civil war Mr. GALLEGLY. Mr. Speaker, in December, the peace process. that plagued the country until the 1996, the Government of Guatemala and rep- The murder of Bishop Gerardi took place peace accords were signed in December resentatives of the UNRG signed a historic less than two days after he had presented the of 1996. peace agreement ending some 36 years of Catholic Church's landmark report, ``Never One aspect of that agreement called armed confrontation. Again,'' on the human rights violations commit- for the conflict to be investigated to Since that historic day, peace and the im- ted during the civil war. The report docu- determine the truth for historical pur- plementation of the peace accords, especially mented the killings, disappearances, and mas- poses. This effort was led by the with respect to political stability, national rec- sacres of the more than 30-year war, assign- Bishop. This report indicated that onciliation, the observance of human rights ing blame for more than 80 percent of them while both the Guatemalan military and freedom of expression, have made signifi- on the security forces. Given Guatemalan his- and the guerillas committed war cant gains in Guatemala. In fact, in recognition tory and the timing of the murder, there is crimes, the military was responsible of the progress being made on human rights, widespread presumption in Guatemala of offi- for most of the deaths, almost 80 per- the United Nations Human Rights Commission cial involvement in the murder. This belief, and cent of the 150,000 unarmed civilians recently removed Guatemala from its list of shortcomings in the investigation of the crime, killed during the civil war, and for the countries under observation for abuses. has cast a pall over the peace process and disappearance of at least 50,000 more. Unfortunately, the progress toward reconcili- chilled the climate of respect for human rights. Additionally, the document also de- ation in Guatemala was rudely shattered on It is a measure of great progress in demo- tailed how at least 1.5 million people April 26 when Roman Catholic Bishop Juan cratic government and respect for human were victimized, to varying degrees. Gerardi, a leading human rights crusader and rights that few believe that the murder of the Almost immediately after word of author of a recently released report detailing Bishop was carried out by institutions of the this attack became public, Guatemalan the human rights abuses committed during the State. Nonetheless, there is concern that the President Arzu formed a commission to years of conflict, was brutally and senselessly government has not sufficiently investigated investigate the Bishop’s death. At the murdered outside his residence in Guatemala the role which former and current military offi- same time, our FBI sent several people City. cials may have had in the crime; two sus- to Guatemala to assist the government The murder shocked the people of Guate- pects, a retired military officer and a current with their investigation. Since those mala and called into question national atti- officer, were named several weeks ago by agents’ return, the FBI has sent other tudes about human rights on the part of some Church sources as having been involved, but agents to the country to assist in the in that country. they have still not been questioned. In addi- investigation as needed. House Resolution 421, introduced by our tion, petitions to exhume the body of Bishop Because the investigation is still on- Colleague, KEVIN BRADY of Texas, expresses Gerardi to evaluate conflicting autopsy reports going, we would do more harm than our outrage over this murder and calls on the have not been acted on by the courts, even good by commenting on any of the var- Government of Guatemala to do everything in though every passing day makes it more likely ious paths the investigation has taken its power to resolve this crime and bring those that an autopsy would not clarify outstanding so far. Rather, what we must do is to responsible to swift justice. questions. The crime scene was not properly continue to provide the Guatemalan To that end, I want to commend President secured to assure the reliability of forensic evi- government and the people the nec- Arzu for acting quickly to establish a high level dence collected. essary support to help solve this mur- Commission to help in the investigation, and It is critical to the success of the peace der, to bring to justice those respon- the efforts made to date to resolve the murder. process, and to the faith of the Guatemala sible for committing it, and to con- However, progress has been slow and the ef- people in the institutions of democratic govern- tinue implementation of the peace ac- fort continues to need the strong support and ment, that this case be fully investigated and cords. cooperation of the police and military. that all clues be followed, regardless of where The question in this resolution for Equally important, however, is that this bill the evidence leads. The investigation must be human rights activists throughout the calls on the government and people of Guate- complete, credible, and transparent, and the world that must be answered is not mala not to give up on the peace and rec- Guatemalan people must have faith that it will who murdered Bishop Gerardi, but onciliation process and to make a renewed be carried out in such a manner. rather, who ordered Bishop Gerardi commitment to carry out the provisions of the In addition, there can be no better way for murdered. peace accords despite this tragic and unfortu- the government and the people of Guatemala In one of his last public speeches, he nate set back. to honor the life and work of Bishop Gerardi closed with a biblical quote brought to On May 13, the Western Hemisphere Sub- than to maintain a clear and strong commit- mind by the memory of the painful committee marked up this resolution and ment to fully implement the peace accords. facts of his report. He said, ‘‘And the unanimously adopted it. Mr. LANTOS. Mr. Speaker, I rise in strong Lord said to Cain, where is Abel, thy I urge passage of this resolution. support of House Resolution 421, and I com- brother? And he said, I know not. Am I Mrs. MORELLA. Mr. Speaker, I rise in mend the Gentleman from Texas, Congress- my brother’s keeper? And he said, what strong support of House Resolution 421, de- man BRADY, as well as the cosponsors of this hast thou done? The voice of thy broth- ploring the murder of Bishop Juan Jose important resolution for their work on this bill. er’s blood cryeth unto me from the Gerardi, and I thank the gentleman from Mr. Speaker, before us today is legislation ground.’’ Texas, Mr. BRADY, for having introduced this which highlights one of the most tragic losses Mr. Speaker, the voice of Bishop resolution. in the fight for human rights world-wide. The Gerardi’s blood cries to the people of I join with all of the people of Guatemala in violent death of Guatemala's outstanding spir- Guatemala and to the world from the mourning and deploring the brutal murder of itual leader and human rights defender, Mon- ground to determine and to call for jus- Bishop Juan Jose Gerardi, the head of the signor Juan Jose Gerardi, the Bishop who tice to be brought. We must not and Catholic Church's human rights office. Many of served as General Director of the Guatemalan should not let this murder destroy the us who have followed developments in Guate- Archbishop's Human Rights Office, is not only peace so many people have worked so mala since the signing of the historic peace a tragic loss for Guatemala, but also for the hard to bring about. agreement in 1996 are deeply concerned process of reconciliation in civil-worn torn Mr. FALEOMAVAEGA. Mr. Speaker, about the negative impact which the slaying of Guatemala and its search for truth. I have no further requests for time, and Bishop Gerardi will have on the process of I previously had an opportunity to express to I yield back the balance of my time. peace and reconciliation in Guatemala. Bishop Gerardi's coworkers and the Guate- Mr. GILMAN. Mr. Speaker, I yield This would be especially unfortunate be- malan people the condolences of the U.S. myself such time as I may consume. cause the Guatemalan government has shown Congress and the American people for the Mr. Speaker, our colleague, the gen- great determination to implement the broad- tragic loss of Bishop Gerardi, and would like to tleman from California (Mr. ranging commitments laid out in the peace ac- take this opportunity to do so again. GALLEGLY), the distinguished chairman cords since the signing of the accords. There Mr. Speaker, Bishop Gerardi was murdered of our Subcommittee on the Western have been many positive evaluations from the on April 26th, 1998Ðonly two days after he Hemisphere, is unfortunately detained U.N. Mission in Guatemala and other inter- publicly presented the report ``Guatemala: September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7457 Never Again.'' This report represents an out- the rules were suspended and the reso- state, including Costa Rica, Mexico, Pan- standing and extremely difficult effort to estab- lution was agreed to. ama, Spain, Venezuela, Guatemala, Colom- lish the death toll of 36 years of civil war, A motion to reconsider was laid on bia, and Portugal, in attendance at the Ibe- which is estimated to be at least 150,000, in the table. rian-American Conference in Venezuela in November of 1997, requesting any and all as- addition to some 50,000 estimated disappear- f sistance in order to bring about a favorable ances. This crucial reportÐwhich clearly outcome to this unfortunate event; placed the blame for the majority of human CONCERNING THE NEW TRIBES MISSION HOSTAGE CRISIS Whereas no official confirmation of life or rights abuses during the civil war upon the death has been made by any United States Guatemalan armyÐwas prepared by the inter- Mr. GILMAN. Mr. Speaker, I move to Government entity, nongovernmental orga- diocesan project, Recovery of Historical Mem- suspend the rules and agree to the con- nization, foreign government, or religious in- ory (REMHI), which the Bishop coordinated. current resolution (H. Con. Res. 277) stitution; Needless to say, there is complete docu- concerning the New Tribes Mission Whereas the distinction between a ‘‘terror- mentation for only a small number of cases, hostage crisis. ist activity’’ and a ‘‘criminal activity’’ per- The Clerk read as follows: petrated on an American citizen traveling and the efforts by the Archbishop's Human abroad should not be a limiting factor in Rights Office will continue. Let us never forget H. CON. RES. 277 terms of United States governmental inves- that these staggering estimates reflect the suf- Whereas Mark Rich, David Mankins, and tigation; and fering and pains of hundreds of thousands of Rick Tenenoff of the Sanford, Florida, based Whereas every consideration to safety and individuals, families, and loved ones, which no New Tribes Mission were abducted on Janu- prudence regarding action by the United statistics can ever do justice. ary 31, 1993, from the Kuna Indian village of States Government, foreign governments, Mr. Speaker, I also would like to take this Pucuro in the Darien Province of Panama; nongovernmental organizations, inter- opportunity to thank my good friends and dis- Whereas the wives and children of these national institutions, and other groups in tinguished colleagues, Congresswomen American citizens, Tania Rich (daughters— this matter should be of the highest priority: Tamra and Jessica), Nancy Mankins (son— Now, therefore, be it NANCY PELOSI of California and CONNIE Resolved by the House of Representatives (the MORELLA of Maryland, as well as Congress- Chad, daughter—Sarah), and Patti Tenenoff (son—Richard Lee III, daughters—Dora and Senate concurring), That— man GEORGE MILLER of California for leading Connie), have lived the past 5 years without (1) the President of the United States and a recent delegation in conjunction with the knowledge of the safety of these 3 men; his emissaries should raise the kidnapping of Robert F. Kennedy Memorial Center for Whereas Mark Rich, David Mankins, and Mark Rich, David Mankins, and Rick Human Rights, which went to Guatemala to Rick Tenenoff presently are believed to be Tenenoff of the New Tribes Mission and examine the impact of the murder of Bishop the longest held United States hostages; other American victims in Colombia to all Gerardi on the future of the peace process Whereas this kidnapping represents a gross relevant foreign governments, nongovern- and to check the status of the investigation violation of the 3 missionaries’ human rights mental organizations, and religious institutions at every opportunity until a favorable launched by the Guatemalan authorities. Our and is not an isolated incident in Colombia where, since 1980, 83 innocent Americans outcome is achieved; resolution today clearly shows to all parties in- (2) the international community should en- volved how seriously we in the United States have been held hostage by the Revolutionary Armed Forces of Colombia (FARC) and the courage any and all groups believed to have Congress and in the U.S. government take National Liberation Army (ELN); information on this case to come forward to these brutal efforts to silence this human Whereas the FARC and the ELN guerrilla help the families of the kidnapped mission- rights activist. The guilty parties must be groups in Colombia have both been des- aries; brought to justice. ignated terrorist organizations by the De- (3) all appropriate information obtained by While the world mourns the tragic loss of partment of State; the United States Government, foreign gov- Bishop Gerardi, the efforts to implement the Whereas Colombia is engaged in a high- ernments, international institutions, nongovernmental organizations, and religious peace process must continue. Only by estab- level conflict with these guerrilla insurgency groups, a number of whom are protectorates institutions should be turned over in a time- lishing the basic democratic principle of ac- ly basis to the New Tribes Mission crisis re- countability will the Peace Accords be suc- of the deadly drug trade; Whereas the FARC has recently threatened sponse team; cessful. Otherwise, the removal of Guatemala officials of the United States Government (4) a copy of this resolution shall be trans- from the U.N. Human Rights Commission list and kidnapped additional United States citi- mitted to the President, the Secretary of of Countries under observation for human zens in Colombia; State, the National Security Advisor, the rights abuses could prove to be premature. Whereas the region of Colombia where the Secretary of Defense, the Director of the In order to assist the people in Guatemala 3 American missionaries are believed to be Federal Bureau of Investigation, the Direc- to achieve the goals expressed in the peace held is controlled not by the Colombian Gov- tor of Central Intelligence, the President of accords, I have introduced H.R. 2635, the ernment, but rather by the FARC; the Republic of Costa Rica, the President of the United Mexican States, the President of Human Rights Information Act, which provides Whereas on December 9, 1997, the President of Colombia stated on an internationally the Republic of Panama, the King of Spain, Truth Commissions, such as the one in Guate- the President of the Republic of Venezuela, mala, with the necessary information to docu- televised episode of Larry King Live that the FARC ‘‘in some ways have admitted indi- the President of the Republic of Guatemala, ment and prosecute human rights abuses rectly that they have the missionaries’’; the President of the Republic of Colombia, which occurred in their country. The bi-par- Whereas Human Rights Watch has stated the President of the Republic of Portugal, tisan Human Rights Information Act is cur- that ‘‘The FARC has an obligation to uncon- and His Holiness Pope John Paul II; and rently cosponsored by 92 of our distinguished ditionally free the 3 missionaries, with all (5) a copy of this resolution shall be trans- colleagues in the House. I commend the out- necessary guarantees’’ and Amnesty Inter- mitted to the New Tribes Mission, Amnesty standing human rights leadership of my friend national has declared their ‘‘request that the International, Pax Christi, and the Inter- national Committee of the Red Cross. and colleague, Congressman STEVEN HORN, FARC respect international humanitarian the Chairman of the Subcommittee on Gov- norms, guarantee the life and physical safety The SPEAKER pro tempore. Pursu- ernment Management, Information and Tech- of the missionaries and unconditionally free ant to the rule, the gentleman from them and all other hostages’’; nology, for holding a hearing on this bill. I New York (Mr. GILMAN) and the gen- Whereas congressional inquiries regarding tleman from American Samoa (Mr. hope it will be possible to mark up this bill as the 3 missionaries have been made to United FALEOMAVAEGA) each will control 20 soon as possible, before we run out of time in States Government entities, including, the this Congress. White House, the Department of State, the minutes. Mr. Speaker, I urge all of my colleagues to Department of Defense, the Department of The Chair recognizes the gentleman support this resolution. Justice, and the Federal Bureau of Investiga- from New York (Mr. GILMAN). Mr. GILMAN. Mr. Speaker, I have no tion; GENERAL LEAVE further requests for time, and I yield Whereas congressional inquiries regarding Mr. GILMAN. Mr. Speaker, I ask back the balance of my time. the 3 missionaries have been made to Am- unanimous consent that all Members The SPEAKER pro tempore (Mr. nesty International, Pax Christi, His Holi- may have 5 legislative days within ness the Pope John Paul II, and the Inter- GILLMOR). The question is on the mo- which to revise and extend their re- tion offered by the gentleman from national Committee of the Red Cross, which has provided assurances that their Colom- marks and include extraneous matter New York (Mr. GILMAN) that the House bian delegation ‘‘is still actively working in on House Concurrent Resolution 277. suspend the rules and agree to the reso- favor of the missing members of the New The SPEAKER pro tempore. Is there lution, H. Res. 421. Tribes Mission’’; objection to the request of the gen- The question was taken; and (two- Whereas 58 Members of Congress and Sen- tleman from New York? thirds having voted in favor thereof), ators signed letters to 8 different heads of There was no objection. H7458 CONGRESSIONAL RECORD — HOUSE September 9, 1998 Mr. GILMAN. Mr. Speaker, I yield to raise the kidnapping of these three erything possible to secure the release myself such time as I may consume. missionaries and all other American of these three Americans. Unfortu- (Mr. GILMAN asked and was given victims of kidnapping in Columbia nately, despite all these pledges of as- permission to revise and extend his re- with relevant governments, NGOs, and sistance from other countries, the marks.) religious institutions at every oppor- Americans remain as hostages. Mr. GILMAN. Mr. Speaker, I rise in tunity. Mr. Speaker, American citizens’ lives support of House Concurrent Resolu- The resolution also calls on the are at stake, and now have been for tion 277 concerning the New Tribes international community to encourage over 5 years. We must continue our ef- Mission hostage crisis. I want to com- all groups with information on this forts on behalf of these men. I urge mend our colleagues on the committee: case to come forward. Also, the resolu- President Clinton, Secretary Albright, the gentleman from Missouri (Mr. tion states that all appropriate infor- the State Department, and all other BLUNT), for introducing this concurrent mation on the case of these three mis- appropriate American officials to work resolution highlighting the plight of sionaries be provided to the New Tribes to bring an immediate end to this trag- the New Tribes missionaries in Colum- Mission crisis response team. ic hostage situation. I urge the House bia; and I understand that the gen- Mr. Speaker, it seems that kidnap- to support House Resolution 277 to tleman from Florida (Mr. MICA) and ping is literally an industry now in Co- pledge our assistance in bringing David the gentleman from Indiana (Mr. BUR- lumbia, where thousands of people are Mankins, Mark Rich, and Rick TON) contributed to the drafting of this taken and held for ransom every year. Tenenoff, home to their families. resolution, and have been actively en- No case, however, is as cynical and I also again offer my continued to gaged on behalf of the families of these senseless as the case of Mark Rich, support, assistance and prayers to Mrs. victims of terrorist kidnappings. This David Mankins, and Rick Tenenoff. Mankins, Mrs. Rich, and Mrs. Tenenoff resolution received the unanimous sup- These three men were on mission in and their families as they seek the report of our committee, and was re- southern Panama when they were kid- lease of their husbands and fathers. I ferred to the suspension calendar. napped in January of 1993. If Columbia call on all of my colleagues to stand Since 1980, Mr. Speaker, 83 innocent insurgents are as serious about peace firmly against terrorism of any kind. Americans have been held hostage in as they say they are, then the least we Mr. FALEOMAVAEGA. Mr. Speaker, Columbia. Twelve of these Americans can expect from them is an accounting I have no further requests for time, and are known to have been murdered. In I yield back the balance of my time. of where these three men are and what February, 1997, American geologist Mr. GILMAN. Mr. Speaker, I yield has happened to them. Frank Pescatore was brutally killed by myself such time as I may consume. Mr. Speaker, the drafters of this res- Mr. Speaker, I thank the gentleman the narcoterrorist group that calls olution have been very active in rais- itself the National Liberation Army, from Pennsylvania (Mr. PITTS) for his ing the profile of this very regrettable the ELM. eloquent remarks in support of this case, and they ought to be commended In 1995, the Florida-based New Tribes resolution. Mission lost two other missionaries, for their efforts, especially the gen- Mr. GALLEGLY. Mr. Speaker, on January Steve Welsh and Timothy Van Dyke, tleman from Florida (Mr. MICA) and 31, 1993, armed Colombian guerrillas from the who were murdered by another the gentleman from Indiana (Mr. BUR- FARC organization crossed the border be- narcoterrorist group that calls itself TON). tween Colombia and Panama and kidnapped the Revolutionary Armed Forces of Co- This resolution deserves our support, three American missionaries of the New lumbia, the FARC. These kidnappings Mr. Speaker, and I urge my colleagues Tribes Mission. These innocent American citi- and the suffering of the victims and to join me in voting yes on this legisla- zens were then taken back into Colombia and their families have been virtually un- tion. held for millions of dollars of ransom. noticed and have been underreported in Mr. Speaker, I reserve the balance of Since that day almost 6 years ago, the fate the media. Moreover, in Columbia, kid- my time. of Rick Tenenoff, David Mankins, and Mark Mr. GILMAN. Mr. Speaker, I am nappers act with substantial impunity. Rich remains unknown. Their families wait pleased to yield 3 minutes to the gen- Ninety-seven percent of crimes in Co- anxiously every day for some news of their lumbia are never brought to justice. tleman from Pennsylvania (Mr. PITTS). loved ones. I want to applaud the FARC for In March, our Committee on Inter- Mr. PITTS. Mr. Speaker, it is with their recent release of U.S. businessman, national Relations held a hearing in great sadness that I am compelled to Donald Lee Cary who they held captive for which we heard testimony from three rise today to urge the House to support more than five months, but I want to express Americans whose lives were callously House Resolution 277, because it means my disappointment with the FARC for their si- and inexorably altered by kidnapping that Columbian guerillas are still hold- lence on the issue of the New Tribes mission- at the hands of Columbia ing David Mankins, Mark Rich, and aries. The FARC guerrillas have chosen not to narcoterrorists. The testimony of Mrs. Rick Tenenoff as hostages. provide any information on the whereabouts of Tania Rich and the other kidnapped As we know, in January of 1993 the these missionaries. They won't even say missionaries’ wives was particularly Columbian guerillas crossed the border whether they are still alive or not. moving. into Panama and kidnapped David, I want to commend our colleague, ROY Mr. Speaker, now is the time for the Richard, and Mark from an Indian vil- BLUNT for introducing H. Con. Res. 277 asking missionaries’ captives to come forward lage where they were doing humani- the Colombian guerrillas to release these with any information they may have tarian work. These three American American citizens or to provide some informa- on their fate and their well-being. Ac- missionaries have now been held for tion as to their fate. For the families, this is the cordingly, I invite all of our colleagues over 5 years by the guerillas. I believe least that can be done. to join in approving this resolution that is the longest held Americans I urge my colleagues to support this resolu- today. ever, as hostages. Credible reports sug- tion and I call on the FARC to release what- Mr. Speaker, I reserve the balance of gest that they are still alive. ever information they have about these citi- my time. Last year a number of Latin Amer- zens. Mr. FALEOMAVAEGA. Mr. Speaker, ican ambassadors pledged to assist in Mr. WOLF. Mr. Speaker, on January 31, I yield myself such time as I may con- resolving this hostage situation. In ad- 1993, armed guerillas entered in Kuna village sume. dition, the governments of other coun- of Pucaro in Southern Panama and stormed Mr. Speaker, again I thank the gen- tries in Central and South America the homes of Mark Rich, David Mankins, and tleman from New York, the chairman learned of the case and pledged their Rick Teneoff. The men were missionaries for of the Committee on International Re- support in working to secure the renew Tribes Mission who lived in the village lations, for his management of this leg- lease of Mr. Mankins, Mr. Rich, and with their families. The guerillas tied up the islation now before us. I want to com- Mr. Tenenoff. men in their homes and ordered their wives to mend the gentleman from Missouri The commitments of assistance from prepare packages of clothing. Then they allÐ (Mr. BLUNT) for his authorship of this a number of these governments has the gun-toting guerillas and the three Amer- legislation. been very encouraging. In July of last ican missionariesÐdisappeared into the night. Mr. Speaker, the resolution calls for year, Assistant Secretary of State The three men have not been heard from the President and his representatives John Shattuck committed to doing ev- againÐthat was over 51¤2 years ago. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7459 The three men are believed to be the long- They were not wealthy, well placed or inter- My resolution expresses the sense of Con- est held American hostages in our history. national figures. They were there with limited gress that any individual or group with knowl- It is believed the men are being held by the resources on a mission of faith. edge of the whereabouts of the New Tribes Revolutionary Armed Forces of Colombia or Mr. Speaker, I have worked closely with Mission missionaries be encouraged to come FARCÐan organization designated by the many of our colleagues in efforts to seek their forward. It also seeks to bring international at- State Department as a terrorist group. It is be- release. We have made numerous inquiries tention to the abduction and to pressure the lieved the men were taken to Northern Colom- with various U.S. government entities, includ- Colombian government to release any infor- bia into an area controlled by the FARC. We ing the White House, the State Department, mation they may have about the fate of these know little else. We don't know whether the the Department of Defense, the Department of men. men are dead or alive. We don't know the Justice, and the Federal Bureau of Investiga- Accordingly, I welcome the support of all of exact location of whether they are being held. tion and the intelligence community. We have my colleagues in approving this bipartisan and Very little information has become available. also solicited support from human rights orga- humanitarian legislation. For over 5 years, the families of these men nizations such as Amnesty International, Pax Mr. GILMAN. Mr. Speaker, I have no have longed for the return of their loved Christi, and the International Committee of the further requests for time, and I yield onesÐMark has two daughters, David has a Red Cross. back the balance of my time. son and a daughter, and Rick has two daugh- We were joined by fifty-seven Members of The SPEAKER pro tempore. The ters. These children have all spent the last Congress and U.S. Senators, in contacting for- question is on the motion offered by years of their young lives without their fathers. eign leaders and participants in the 1997 Ibe- the gentleman from New York (Mr. Their mothersÐTania Rich, Nancy Mankins, rian-American Conference on Human Rights GILMAN) that the House suspend the and Patti TeneoffÐhave been without their urging their support in raising this issue with rules and agree to the concurrent reso- husbands. They have spent each day praying Colombia and with all relevant governments lution, H. Con. Res. 277. for some shred of information that may give and organizations. While this effort was met The question was taken; and (two- them a ray of hope. with wide support, these men still have not thirds having voted in favor thereof), They have lobbied the State Department been returned. the rules were suspended and the con- and FB to do more. They have written to These three missionaries are not people of current resolution was agreed to. President Clinton. They have met with Latin sizable wealth or corporate executives. They A motion to reconsider was laid on American leaders who may have influence are families of modest means who certainly the table. with the FARC. They have presented their cannot afford large ransoms. Colombian guer- f pleas to Congress. They are speaking out and rillas, largely funded by the drug trade, have b 1415 doing what they can. But we must help. nothing to gain from holding these men. The I rise in strong support of H. Con. Res. 277 United States must not forget these American CALLING FOR AN END TO RECENT which condemns the kidnapping of the New lives. These lives are of equal value to any CONFLICT BETWEEN ERITREA Tribes Missionaries and urges the United American, even those of substantial wealth AND ETHIOPIA States government to do everything possible and power. This resolution emphasizes Congress's commitment to the cause of free- Mr. GILMAN. Mr. Speaker, I move to to press for their release. It sends the mes- suspend the rules and agree to the con- sage that U.S. Congress cares about this case ing these men. In closing, Mr. Speaker, we must face the current resolution (H. Con. Res. 292) and is committed to working for the release of prospect of what this sad story holds for the calling for an end to the recent conflict these men. Resolving these cases is never children of these fine Americans. David between Eritrea and Ethiopia, and for easy, but there be must be more the U.S. gov- Mankins has not seen his children, Sarah and other purposes, as amended. ernment can and should do. Chad, get married. Rick Tenenoff's son has The Clerk read as follows: We must try everthing possible to help re- told his mother he would go and stay with the H. CON. RES. 292 turn these men to their families. The kidnap- guerillas just be with his father. And Jessica, Whereas the 1991 ouster of the Mengistu ping of American citizens is not acceptable Mark Rich's youngest daughter said, `Ì would dictatorship led to relative peace and stabil- and must be punished. Indecisive or give away all my toys, even Cubby [her ity in Eritrea and Ethiopia; unenthusiastic intervention on behalf of the teddybear], if it would bring Daddy back.''Ð Whereas in 1993 Eritrea became independ- American government puts American citizens Heartbreaking. Let us not forget these men ent after an internationally supervised referendum and the Government of Ethiopia ac- everywhere at risk. and their families. I urge my colleagues to join My heart goes out to the Rich, Mankins, and cepted the result of the referendum; me in supporting H. Con. Res. 277, and hope Whereas the Governments of Eritrea and Teneoff families. We are with you and will do that this effort further encourages those in what we can to help you. Ethiopia have worked closely on a wide power to act now & use every possible re- range of issues over the past several years; I urge you to vote in favor of H. Con. Res. source to free these American hostages, these Whereas the Government of Eritrea and 277. devoted missionaries, these longed for hus- Ethiopia enjoy warm relations with the Mr. MICA. Mr. Speaker, I rise today to sup- bands and fathers. United States; port this resolution and encourage my col- Mr. BLUNT. Mr. Speaker, I would like to Whereas on May 6, 1998, a military confrontation erupted between Eritrea and Ethi- leagues and the United States Government to submit the following statement for the RECORD highlight the plight of three missionaries from opia, resulting in the deaths of hundreds of regarding H. Con. Res. 277, the New Tribes innocent civilians and the displacement of my district in Sanford, Florida, who are being Mission Resolution: held captive by a narco-terrorist group in Co- tens of thousands of people; I invite all of my colleagues to join me today Whereas the peoples of Eritrea and Ethio- lombia. The Congress must ask every federal in approving legislation that I introduced, H. pia have suffered for decades due to war and government agency to bring greater attention Con. Res. 277, the New Tribes Mission Reso- manmade famines and do not deserve once to the plight of these men and their families. lution. again to suffer due to armed conflict; New Tribes Mission, founded in 1945, On January 31, 1993 three Americans, Mark Whereas the conflict between Eritrea and places missionaries around the world. With Rich, David Mankins, and Rick Tennenoff Ethiopia could destabilize the entire sub- approximately 3,500 missionaries working in were abducted from the Kuna Indian village of region and lead to a massive humanitarian isolated areas worldwide, no one can dispute Pucuro in the Darian Province of Panama, and crisis; the courageous work and positive influences Whereas the Governments of Eritrea and were taken to Colombia by the Colombian Ethiopia have both stated that they are com- these dedicated individuals bring to so many. Revolutionary Armed Forces (FARC). These mitted to a peaceful resolution of the con- Their work, however, is sometimes marked by men, missionaries from the New Tribes Mis- flict; and danger. sion headquartered in Sanford, Florida, are Whereas the Governments of the United On January 31, 1993, three New Tribes now believed to be the longest held American States and Rawanda, as well as countries in Missionaries: David Mankins, Mark Rich, and hostages in Colombia. the region, have put forth proposals for re- Rick Tenenoff were taken from their families in After five years of uncertainty about the fate solving the conflict: Now, therefore, be it their village in Pucuro, Panama by armed of these men, their families and other mem- Resolved by the House of Representatives (the guerrillas, who crossed the nearby border bers of the New Tribes Mission deserve clo- Senate concurring), That the Congress— (1) calls on both Eritrea and Ethiopia im- back into Colombia. This was over five years sure. Congress must take action to urge the mediately to bring an end to the violence be- ago! Still, these three husbands and fathers, missionaries' captors to come forward and re- tween the two countries; believed to be the longest held U.S. hostages, lease any information they may have on the (2) commends the executive branch of the have not been reunited with their loved ones. fate and well being of these hostages. United States Government for brokering a H7460 CONGRESSIONAL RECORD — HOUSE September 9, 1998 moratorium on air raids between Eritrea and lation. It is a fact that it does have the Second, this resolution which I draft- Ethiopia; bipartisan support of the committee as ed with the help of my colleague, the (3) commends the recent efforts of the well. gentleman from New Jersey (Mr. United States facilitation team to resolve Mr. Speaker, the resolution before us PAYNE), and I wish to say the help as the crisis, and encourages continued United calls on both Eritrea and Ethiopia im- States engagement toward a peaceful resolu- well of the administration, does not tion of the conflict; and mediately to bring an end to the vio- choose sides. This resolution does not (4) calls on President Isaias Afewerki and lence between the two countries. The say that we have decided which side is Prime Minister Meles Zenawi to end the con- legislation also commends the United right. And it is important that we do flict peacefully before it escalates into a full- States executive branch for brokering not enter into that judgment. scale war. a moratorium on air raids between Eri- The SPEAKER pro tempore (Mr. trea and Ethiopia. The resolution com- Nevertheless, I do wish to call atten- GILLMOR). Pursuant to the rule, the mends the recent efforts of the U.S. fa- tion to the fact that the Assistant Sec- gentleman from New York (Mr. GIL- cilitation team to resolve the crisis retary of State, Susan Rice, has been a MAN) and the gentleman from Amer- and encourages continued U.S. engage- substantial player in bringing about ican Samoa (Mr. FALEOMAVAEGA) each ment towards a peaceful resolution of what cease-fire exists right now; that will control 20 minutes. the conflict. she deserves a great degree of credit; The Chair recognizes the gentleman The legislation also calls for Presi- that I here give her that credit on the from New York (Mr. GILMAN). dent Afewerki and Prime Minister floor. I know I will be joined by my col- GENERAL LEAVE Meles Zenawi to end the conflict peace- leagues in so doing. And that in the Mr. GILMAN. Mr. Speaker, I ask fully before it escalates into a full- achievement of a cease-fire, we have at unanimous consent that all Members scale war. least some progress. Mr. Speaker, the sides are deeply may have 5 legislative days within committed to their positions. This is in Mr. Speaker, the next step is for the which to revise and extend their re- significant part a personality duel be- people of Eritrea and Ethiopia, of marks on H. Con. Res. 292. tween the two leaders. The resolution course. But it seems to me, and I be- The SPEAKER pro tempore. Is there will have little impact on that, Mr. lieve many members of our committee, objection to the request of the gen- Speaker. Nevertheless, the Congress that the delineation of the border be- tleman from New York? should urge both sides to renounce the tween Eritrea and Ethiopia should be There was no objection. given to an international organization, Mr. GILMAN. Mr. Speaker, I yield further use of force and the United States should continue to actively pro- whether it is the Organization of Afri- myself such time as I may consume. can Unity or the United Nations Sec- (Mr. GILMAN asked and was given mote a political settlement. The resolution puts the Congress on retariat or the World Court. That even permission to revise and extend his re- record in support of these goals. This while there is no actual settlement of marks.) resolution deserves our support, Mr. the conflict, the beginning of the delin- Mr. GILMAN. Mr. Speaker, I thank Speaker, and I urge my colleagues to the gentleman from California (Mr. eation between the two countries can vote in support of this legislation. proceed—from which, both countries CAMPBELL), a member of our Commit- Mr. Speaker, I reserve the balance of say, all of the conflict follows. tee on International Relations, for in- my time. troducing this important resolution. Mr. GILMAN. Mr. Speaker, I yield 5 So the second main point I would say The conflict between Ethiopia and minutes to the gentleman from Califor- is whereas we are observing and we do Eritrea is a tragic one. Although there nia (Mr. CAMPBELL), a member of our care about this, we are not choosing is no fighting at this time, hundreds of Committee on International Relations. sides, but the delineation of the border lives have already been lost and there Mr. CAMPBELL. Mr. Speaker, I ought to proceed while the bullets are is expectation that the fighting will re- thank the gentleman from New York not flying. And then whoever is deter- sume soon. (Mr. GILMAN) for his kindness and cour- mined to own what property at the end These two nations, which are closely tesy to me, and for yielding me this of that delineation will be the result of linked by language, by culture, and by time. a neutral, a third-party process. history, are two of Africa’s most prom- Mr. Speaker, I rise to offer support Lastly, Mr. Speaker, a personal note. ising nations, which makes the current for this resolution, House Concurrent I have traveled to Africa with the gen- conflict all the more terrible. Resolution 292. I recognize my good tleman from New Jersey (Mr. PAYNE), Mr. Speaker, with this resolution, we friend and colleague, the gentleman my good friend and colleague, my stand with the innocent victims of this from New Jersey (Mr. PAYNE) who has tutor, as I call him, and have made Af- senseless conflict and with those who been in many ways my tutor in mat- rica my focus. And it is of great per- are working for peace between these ters of great importance to my heart, sonal sadness to me that this war two nations. and particularly in this difficult area broke out. I address these words more Again, I thank the gentleman from of the Horn of Africa. to my friends in Eritrea and Ethiopia California (Mr. CAMPBELL) for intro- What can we do in this resolution, ducing this resolution, along with the Mr. Speaker? We can do very little. I than to our colleagues here today, Mr. gentleman from New Jersey (Mr. recognize that. But at the most basic Speaker, when I say it is difficult to PAYNE), another member of our com- level we can say that we notice and we draw the attention of the United mittee. They traveled to both of these care that things that happen in what States to the tremendous amount of nations recently and have provided val- would be considered by most Ameri- good that we can do with a small in- uable expertise, leadership, and insight cans a remote part of the world, the vestment of caring, a small investment to our committee on this issue. Accord- Horn of Africa, does touch all of us in of our resources in this part of the ingly, I urge my colleagues to support the United States as lovers of freedom. world, and whatever success the gen- this resolution. We have nothing but praise for the tleman from New Jersey has had for Mr. Speaker, I reserve the balance of way the people of Eritrea and Ethiopia the years that he has been here doing my time. fought for their freedom from a tyr- this before I came back to Congress Mr. FALEOMAVAEGA. Mr. Speaker, anny of many years, from artifacts of and began to work with him, whatever I yield myself such time as I may con- the Cold War, and, eventually, in the success we have had, is cast into jeop- sume. case of Eritrea itself, in receiving inde- ardy. Cast into jeopardy by the illus- (Mr. FALEOMAVAEGA asked and pendence from Ethiopia. And at the tration of war between these two coun- was given permission to revise and ex- time there was such optimism because tries—because the easiest thing is to tend his remarks.) this was a peaceful transition, which is say no. The easiest thing is to find a Mr. FALEOMAVAEGA. Mr. Speaker, regrettably rare in the world and re- reason not to be concerned, to turn I wish to thank the gentleman from grettably rare in Africa. one’s back, to vote for foreign aid to California (Mr. CAMPBELL) and the gen- The first thing we can do is say we countries that will help one politically tleman from New Jersey (Mr. PAYNE) observe, we know what is happening, instead of for a little bit of assistance for their joint sponsorship of this legis- and we do care. that can save some lives or make a September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7461 child see who would otherwise go blind, Mr. Speaker, it is very timely. As we I cannot condone the minor Ethio- and vindicate the trust that the people have heard from my colleagues, al- pian migration in other parts of the of Eritrea and Ethiopia have given to though a cessation of hostilities is border, nor can I condone the takeover their democratic leadership. presently the mood on the ground, the of Badme by the Eritreans and the sup- So, I conclude by making that obser- situation is still at best tenuous. I am posedly binding nature of the Italian vation. Mr. Speaker, to those watching very concerned about the situation for colonial boundaries. the entire East Africa region. in the governments of Eritrea and b 1430 Ethiopia, know the harm that this war Eritrea became an independent State has done to those of us in this country in 1993 following an internationally Let me say that I am becoming in- who would seek to help the progress of monitored referendum, which inciden- creasingly concerned about the expul- people who have done so much on their tally was supposed to take place in sion of both countries. A simultaneous own to the commendation of all of 1962, but because of political maneu- full demarcation in the Yigra triangle those who have observed it. vers, the vote was never taken. But we in northwestern Ethiopia is in order. Mr. Speaker, I thank the gentleman were glad that the international mon- I am pleased by the swift, quick, and from New York (Chairman GILMAN) for itors in 1993 allowed the Eritreans to decisive action in the region taken by allowing me to present the argument vote and overwhelmingly they voted the Assistant Secretary of State, Dr. in favor of H. Con. Res. 292 and for his for independence from Ethiopia. Susan Rice, who during, her short ten- courtesy to me on the committee on Since that time, though, the Presi- ure as assistant secretary, has made this and everything else. dent has been forced to deal with the tremendous inroads in Africa. Mr. GILMAN. Mr. Speaker, I yield Eritrean Islamic Jihad, the EIJ, a I would like to conclude by saying myself such time as I may consume, small Sudan-based insurgent group that both countries fought against the just to say to the gentleman from Cali- that has mounted terrorist attacks in Ethiopian Marxist regime of Mengistu fornia (Mr. CAMPBELL) that I thank northern and west Eritrea. Increased dictatorship and have common inter- him for his eloquent words in support EIJ activities, coupled with the build- ests of containing regional actors. All of this resolution, and for introducing up of Sudanese forces on the western of this ended in 1991, and since that the resolution to the House. border, has led the government to in- time an exemplary relationship of Mr. FALEOMAVAEGA. Mr. Speaker, crease security and deploy the Army to friendship and cooperation had been I yield such time as he may consume to the west. forged between their peoples and gov- the gentleman from New Jersey (Mr. The Lords Resistance Army, LRA ernments of these two countries. It problem in northern Uganda; the 2.6 PAYNE) to speak on behalf of this piece would be a shame if this stalemate con- of legislation. million people in southern Sudan who tinued. (Mr. PAYNE asked and was given are in imminent danger of starvation, The Eritreans and the Ethiopians are permission to revise and extend his re- many who have been suffering from brothers and sisters, and it is sad and marks.) slavery that is still practiced in that most embarrassing for this to have Mr. PAYNE. Mr. Speaker, to the gen- country of Sudan; the bombing and the happened. Lives have been lost and tleman from American Samoa (Mr. terrorist threats in Nairobi and Dar es damage has been done, but we must Salaam, has shown that very much is FALEOMAVAEGA), I say thank you for move forward. The U.S. should con- that gracious commitment for all the at stake and allies have to stay to- tinue to work on and actively promote time that I may consume. Unfortu- gether at this time. a political settlement. With that said, I think it is impera- nately, I am not in the Senate, so Mr. Speaker, I support this resolu- tive that we resolve the situation in therefore I will keep my comments tion and urge my colleagues to do the Ethiopia and Eritrea. I am anxious to brief. Although we are not supposed to same. see a resolve to the present impasse. I Mr. FALEOMAVAEGA. Mr. Speaker, address the other House, I apologize. believe that the facts surrounding May Mr. Speaker, let me first of all say I yield myself such time as I may con- 6 are at best sketchy and we still do that I rise in strong support of the res- sume. not know exactly what happened. But olution, H. Con. Res. 292, to end the Mr. Speaker, I do want to commend as the gentleman from California (Mr. conflict between Eritrea and Ethiopia. and respond to the statements made CAMPBELL) said, we are not here to say earlier by the gentleman from New Jer- I would like to commend both the gen- who is at fault, who is to blame. That sey (Mr. PAYNE), to commend the gentleman from New York (Chairman GIL- is behind us. We need to move forward. MAN) and the gentleman from Indiana Mr. Speaker, I know that respect for tleman from California (Mr. CAMP- (Mr. HAMILTON), ranking member on one’s sovereignty and maintaining ter- BELL), not only for his eloquence, but the Committee on International Rela- ritorial integrity are very serious for- certainly for his keen interest on the tions, for bringing this resolution eign objectives; however, this is not a very, very important international re- swiftly to the floor. simple border dispute and it represents lationships that our country has with Let me take a moment to express my a bigger issue for more serious underly- the various nations of Africa. real admiration and appreciation to ing problems, I believe. In the years that I have spent as a the gentleman from California (Mr. In a world where border disputes are member of the Committee on Inter- CAMPBELL), who became active on the not that common but rarely result in national Relations, my good friend and Subcommittee on Africa at the begin- full escalation of hostilities resulting colleague, the gentleman from New ning of the last term and who has in war, I could not understand why a Jersey (Mr. PAYNE) has always been my added so much to the committee from full escalation of war occurred, espe- stalwart and senior member who un- the other side of the aisle. cially between these two friends and derstands more than most members on Mr. Speaker, I think that there has neighbors, persons who fought to- the committee of the important issues not been a time in the history of the gether. affecting not only the nations of Africa committee that a new member has I cannot condone the killing of inno- but certainly our relations with them. taken the initiative and has really cent men, women, and children, wheth- Again, I want to thank the gen- made such a difference, and I really exer it is in Asmara Addis, Mekele or tleman from California (Mr. CAMPBELL) press my appreciation to the gen- Badme. I am friends, as is the gen- for taking an active interest in this im- tleman from the leadership position tleman from California (Mr. CAMP- portant piece of legislation. I urge my who has enabled many of these projects BELL), with both Prime Minister Meles colleagues to support this bill. to move forward. I really feel that the and President Isaias, who we have spo- Mr. Speaker, I yield back the balance committee is very, very privileged to ken to, as well as their ambassadors of my time. have him as a member. here in this country on numerous occa- Mr. CAMPBELL. Mr. Speaker, I yield Mr. Speaker, I would also like to sions. And we have both urged them to back the balance of my time. thank the gentleman from California halt all air strikes, pull back their The SPEAKER pro tempore (Mr. (Chairman ROYCE) and the gentleman ground forces, and create a lasting so- GILLMOR). The question is on the mo- from Florida (Mr. HASTINGS) for their lution for peace and stability in the re- tion offered by the gentleman from input on this resolution. gion. New York (Mr. GILMAN) that the House H7462 CONGRESSIONAL RECORD — HOUSE September 9, 1998 suspend the rules and agree to the con- To his friends and neighbors in this (H.R. 2623) to designate the United current resolution, House Concurrent small Union County community in States Post Office located at 16250 Resolution 292, as amended. which he lived, Judge Leonard was af- Highway 603 in Kiln, Mississippi, as the The question was taken; and (two- fectionately known as ‘‘Mr. Garwood.’’ ‘‘Ray J. Favre Post Office Building’’. thirds having voted in favor thereof) During his 6 decades of service to his The Clerk read as follows: the rules were suspended and the con- community, James served as mayor, H.R. 2623 current resolution, as amended, was councilman, recorder, magistrate, and Be it enacted by the Senate and House of Rep- agreed to. finally judge of the Garwood Municipal resentatives of the United States of America in A motion to reconsider was laid on Court. By the time he retired in 1989, Congress assembled, the table. Judge Leonard had earned the distinc- SECTION 1. DESIGNATION. The United States Post Office located at f tion of being the last municipal court judge in New Jersey who was not a law- 16250 Highway 603 in Kiln, Mississippi, shall JAMES T. LEONARD, SR. POST yer. He was also one of the longest be known and designated as the ‘‘Ray J. Favre Post Office Building’’. OFFICE BUILDING serving municipal court judges. SEC. 2. REFERENCES. Mr. SESSIONS. Mr. Speaker, I move I urge my colleagues to support H.R. Any reference in a law, map, regulation, to suspend the rules and pass the bill 3810 so that we could pay tribute to a document, paper, or other record of the (H.R. 3810) to designate the United great American who gave so much to United States to the United States Post Of- States Post Office located at 202 Center the community he loved. Naming the fice referred to in section 1 shall be deemed Street in Garwood, New Jersey, as the Garwood Post Office after James T. to be a reference to the ‘‘Ray J. Favre Post ‘‘James T. Leonard, Sr. Post Office’’. Leonard, Sr. is a fitting honor to a man Office Building’’. The Clerk read as follows: who will always be remembered as The SPEAKER pro tempore. Pursu- H.R. 3810 ‘‘Mr. Garwood.’’ ant to the rule, the gentleman from Mr. FATTAH. Mr. Speaker, I yield Texas (Mr. SESSIONS) and the gen- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in myself such time as I may consume. tleman from Pennsylvania (Mr. Congress assembled, Mr. Speaker, I would like to, first of FATTAH) each will control 20 minutes. SECTION 1. DESIGNATION. all, join with my colleague from Texas The Chair recognizes the gentleman The United States Post Office located at in urging the House to favorably con- from Texas (Mr. SESSIONS). 202 Center Street in Garwood, New Jersey, sider H.R. 3810. This is one of the many Mr. SESSIONS. Mr. Speaker, I yield shall be known and designated as the ‘‘James of the naming bills that we will con- myself such time as I may consume. T. Leonard, Sr. Post Office’’. sider today, but it is singularly impor- Mr. Speaker, H.R. 2623 was intro- SEC. 2. REFERENCES. tant to the sponsor of this bill and has duced on October 7, 1997, by our distin- Any reference in a law, map, regulation, been cosponsored by the entire New guished colleague from Mississippi (Mr. document, paper, or other record of the Jersey delegation. I would like to rise TAYLOR). The legislation enjoys the co- United States to the United States Post Of- in favorable support of this bill and ask sponsorship of the entire House delega- fice referred to in section 1 shall be deemed for its consideration before the House. tion from the State of his Mississippi to be a reference to the ‘‘James T. Leonard, pursuant to the policy of the Commit- Sr. Post Office’’. Mr. Speaker, I yield back the balance of my time. tee on Government Reform and Over- The SPEAKER pro tempore. Pursu- Mr. SESSIONS. Mr. Speaker, I yield sight. ant to the rule, the gentleman from myself such time as I may consume. H.R. 2623 designates the building of Texas (Mr. SESSIONS) and the gen- Mr. Speaker, in its resolution num- the United States Postal Service lo- tleman from Pennsylvania (Mr. ber 98191, dated April 14, 1998, the cated at 16250 Highway 603 in Kiln, Mis- FATTAH) each will control 20 minutes. mayor and the council of the Borough sissippi as the ‘‘Ray J. Favre Post Of- The Chair recognizes the gentleman of Garwood, Union County, New Jersey fice.’’ from Texas (Mr. SESSIONS). formally requested that the Garwood Mr. Favre was appointed postmaster Mr. SESSIONS. Mr. Speaker, I yield Post Office be named in honor of Mr. of Kiln in 1940 and served in that posi- myself such time as I may consume. James T. Leonard. I also urge all Mem- tion until his retirement in 1976. He Mr. Speaker, H.R. 3810 was intro- bers to support this legislation. was known for his prompt, courteous, duced by my distinguished colleague, Mr. Speaker, I yield back the balance and efficient service to all who use the the gentleman from New Jersey (Mr. of my time. postal facility. On many occasions, he FRANKS). The legislation was intro- The SPEAKER pro tempore. The went beyond the call of duty to provide duced on May 7, 1998, and is cospon- question is on the motion offered by aid and assistance, particularly to the sored by the entire House delegation the gentleman from Texas (Mr. SES- people who were indigent. from the State of New Jersey pursuant SIONS) that the House suspend the rules The Hancock County Board of Super- to the policy of the Committee on Gov- and pass the bill H.R. 3810. visors honored Mr. Favre on his retire- ernment Reform and Oversight. The question was taken; and (two- ment by proclaiming August 29, 1976, as H.R. 3810 designates the building of thirds having voted in favor thereof) ‘‘Ray Favre Day’’ in Hancock County. the United States Postal Service lo- the rules were suspended and the bill The Veterans of Foreign Wars also held cated at 202 Center Street in Garwood, was passed. ceremonies at their post honoring him New Jersey as the James T. Leonard, A motion to reconsider was laid on upon his retirement. He was a member Sr. Post Office Building. the table. of several civic associations in Kiln Mr. Speaker, I yield such time as he f until his death in April of 1996. may consume to the gentleman from The Hancock County Board of Super- New Jersey (Mr. FRANKS). GENERAL LEAVE visors unanimously requested that the Mr. FRANKS of New Jersey. Mr. Mr. SESSIONS. Mr. Speaker, I ask Kiln Post Office be named in Mr. Speaker, I want to thank the gen- unanimous consent that all Members Favre’s honor. tleman from Texas for yielding to me. may have 5 legislative days within Mr. Speaker, I urge our colleagues to Mr. Speaker, I rise today in support which to revise and extend their re- support this legislation and to honor of the bill to name the United States marks on H.R. 3810, the bill just passed. Mr. Favre as a dedicated postal em- Post Office in Garwood, New Jersey, The SPEAKER pro tempore. Is there ployee for his consistent work during after James T. Leonard, Sr. objection to the request of the gen- his daily employment and for his exem- James Leonard was one of those spe- tleman from Texas? plary work in the community. cial individuals who devoted his life to There was no objection. Mr. Speaker, I reserve the balance of serving his community. Whether it was f my time. founding the local rescue squad, vol- Mr. FATTAH. Mr. Speaker, I yield unteering with the fire department, or RAY J. FAVRE POST OFFICE myself such time as I may consume. serving as a special police officer, he BUILDING Mr. Speaker, let me also rise in sup- was always there to lend a hand to peo- Mr. SESSIONS. Mr. Speaker, I move port of H.R. 2623. The House would have ple in need. to suspend the rules and pass the bill to take note that the only reason that September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7463 this bill is before us, and one of the I just thought it was absolutely re- father of Rae Ann Normand, Nancy V. greatest pleasures that I have had as markable that this young man, the son Smith and Edward R. Favre. He was ranking member of this Subcommittee of two public schoolteachers in rural very active in his church. But more on Postal Service, is that I have the Mississippi, had done so well in such a than anything else, he served the peo- opportunity to work so closely with short amount of time and handled it so ple he loved for 36 years. my colleague, the gentleman from the well. About 4 years ago a heck of a lot of great State of Mississippi (Mr. TAYLOR) Based on that, I wrote the Hancock people were elected to Congress be- who introduced and sponsored this leg- County Board of Supervisors and said cause they said they hated their coun- islation. there is going to be a new post office in try; they hated the people who worked Mr. Speaker, I yield whatever time Kiln, Mississippi, the community near- for their country. I thought that was he would need to the gentleman from est to where Bret is from. He is actu- wrong then. I still think that is wrong. Mississippi (Mr. TAYLOR) for him to ar- ally from a smaller community called Mr. Favre loved his country and he ticulate to the House his reasons for of- Fenton. Maybe we should name it in loved serving his country. He did not fering this legislation. honor of him. need the limelight, he just wanted to Mr. TAYLOR of Mississippi. Mr. The board, in their wisdom, came do a good job. Speaker, I would like to thank the gen- back and really gave me a lesson in So I stand before my colleagues tleman from Texas (Mr. SESSIONS) and life. They said, think about it. This today, number one, to thank the Han- the gentleman from Pennsylvania (Mr. young man has had his photograph on cock County Board of Supervisors for FATTAH). the cover of almost every magazine and honoring a good man, and I ask my fellow Members of Congress to do the I would like to tell my fellow mem- newspaper in the world. He has already same. And let us see to it that this bers that this could well be the tale of been the Most Valuable Player. He will great public servant, who served that two Favres. A few years ago, after the undoubtedly in his lifetime, and he community so well for so long, is hon- Dallas Cowboys defeated the Green Bay since has won a couple of Super Bowls, Packers in the NFL championship ored in an appropriate manner. won a Super Bowl and appeared in an- game on a Sunday, the following Fri- Mr. FATTAH. Mr. Speaker, I have no other. He gets plenty of idolization. day, I visited a fish fry at St. Paul’s further requests for time, and I yield Let us do something in honoring a good Catholic School in Pass Christian, Mis- back the balance of my time. person. sissippi. Mr. SESSIONS. Mr. Speaker, I yield The purpose of the fish fry was to If you have had the great privilege of myself the balance of my time. raise money for the elementary school, seeing the movie ‘‘Saving Private Once again we have heard from the and it was done in a competition, Ryan,’’ you know one of the most mov- gentleman from Mississippi about peo- where the group that raised the most ing scenes at the end is when Private ple who have served our country not money got to name the king and queen Ryan, the character who plays Private only as good husbands and fathers but of St. Paul’s carnival parade in Pass Ryan is crying at the grave site of one also as postal employees, and I too give Christian. of the people, Captain John Miller, who thanks for Mr. Favre, for his 36 years of One of the contestants was a lovely saves his life. He turns to his wife and service to the people of Mississippi and lady by the name of Bonita Favre. She says, Am I a good man? Tell me I am the people of the United States. has the distinction of being the mother a good man. Mr. Speaker, I have no further re- of three wonderful children, one of The person that the Hancock County quests for time, and I yield back the whom is Bret Favre. Board of Supervisors chose to honor balance of my time. During the week that transpired be- with this post office was a good man. It The SPEAKER pro tempore (Mr. tween the Packers loss to the Cowboys marks the fourth good man that I have GILLMOR). The question is on the mo- and this Friday night, Bret was named had the privilege of helping to, working tion offered by the gentleman from Most Valuable Player of the NFL. So with my colleagues, to name a building Texas (Mr. SESSIONS) that the House when I go to the fish fry on Friday after. suspend the rules and pass the bill, night at Pass Christian, you would The first was my immediate prede- H.R. 2623. fully expect the recently appointed cessor, Congressman Larkin Smith, The question was taken; and (two- Most Valuable Player of the NFL to former sheriff and congressman, very thirds having voted in favor thereof) show up in a limousine, probably a Hol- well respected, someone else who the rules were suspended and the bill lywood starlet on each arm, probably worked himself up from his bootstraps was passed. enough jewelry around his neck to re- and died tragically in a plane crash. A motion to reconsider was laid on tire the national debt. Another was an incredibly brave the table. Let us just say that I was very pleas- young Mississippian from Eastabuchie, f antly surprised as I walked into the Mississippi, by the name of Roy Wheat GENERAL LEAVE school cafeteria and looked over in the who threw himself on a land mine dur- Mr. SESSIONS. Mr. Speaker, I ask corner to see a young man who had just ing the Vietnam War to save the lives unanimous consent that all Members been named the most valuable of the of three other Marines, who was later may have 5 legislative days within NFL in a T-shirt, wearing a pair of awarded the Congressional Medal of which to revise and extend their re- brown khaki pants and some tennis Honor. marks on H.R. 2623, the bill just passed. shoes. A third was probably the most lov- The SPEAKER pro tempore. Is there He is over in the corner, not talking able man any city in Mississippi pro- objection to the request of the gen- to reporters, but playing rock, paper, duced, by the name of Johnny Longo, tleman from Texas? and scissors with two local teenagers. I who served for better than 30 years as There was no objection. was thinking to myself I have seen all an elected official in his hometown of f the people that have a lot of fame and Waverly, Mississippi. idolization, and sometimes it does good Being a good man is more than re- JEROME ANTHONY AMBRO, JR. things for them, and sometimes it ceiving a Medal of Honor. It is more POST OFFICE BUILDING ruins them. The first thought of mine than being a Congressman. It is more Mr. SESSIONS. Mr. Speaker, I move is he is obviously handling this very than being a lifetime elected official. to suspend the rules and pass the bill well. Being a good man is the greatest com- (H.R. 3167) to designate the United Bret probably could have very easily pliment that any of us can hope to ob- States Post Office located at 297 written a check for his mom to win tain when it is all said and done about Larkfield Road in East Northport, New this contest, but they decided to do it us. York, as the ‘‘Jerome Anthony Ambro, the way everyone else does, with fish b 1445 Jr. Post Office Building’’. fries where the local fisherman donate The Clerk read as follows: the fish and the shrimp and the oys- Mr. Favre spent his life serving his H.R. 3167 ters. The local men get together, clean hometown of Kiln, Mississippi. For 36 Be it enacted by the Senate and House of Rep- them, and prepare them. Everyone goes years he was their postmaster. He mar- resentatives of the United States of America in through the line at $5 a pop. ried a local girl in 1945, was the loving Congress assembled, H7464 CONGRESSIONAL RECORD — HOUSE September 9, 1998 SECTION 1. DESIGNATION. The other point that I would make is Mr. SESSIONS. Mr. Speaker, I have The United States Post Office located at that he served even before his election no further requests for time, and I 297 Larkfield Road in East Northport, New here to Congress. He was a member of yield back the balance of my time. York, shall be known and designated as the The SPEAKER pro tempore. The ‘‘Jerome Anthony Ambro, Jr. Post Office the armed forces and, in part, during Building’’. his service there, was a military police question is on the motion offered by SEC. 2. REFERENCES. officer. My older brother served as a the gentleman from Texas (Mr. SES- Any reference in a law, map, regulation, military police officer, so I have a cer- SIONS) that the House suspend the rules document, paper, or other record of the tain affection for those who serve in and pass the bill, H.R. 3167. United States to the United States Post Of- that role or have served in that role. The question was taken; and (two- fice referred to in section 1 shall be deemed And I also think it is important to note thirds having voted in favor thereof) to be a reference to the ‘‘Jerome Anthony his recognized contributions in his the rules were suspended and the bill Ambro, Jr. Post Office Building’’. local community. was passed. The SPEAKER pro tempore. Pursu- So I would join with my colleague A motion to reconsider was laid on ant to the rule, the gentleman from from Texas and ask that we favorably the table. Texas (Mr. SESSIONS) and the gen- support this bill unanimously out of f tleman from Pennsylvania (Mr. the House and that we do our part, GENERAL LEAVE FATTAH) each will control 20 minutes. which is to acknowledge his service The Chair recognizes the gentleman and his dedication to public service, Mr. SESSIONS. Mr. Speaker, I ask from Texas (Mr. SESSIONS). through the naming of this post office unanimous consent that all Members Mr. SESSIONS. Mr. Speaker, I yield in his hometown. may have 5 legislative days within myself such time as I may consume. Mr. ACKERMAN. Mr. Speaker, I rise in which to revise and extend their re- Mr. Speaker, H.R. 3167 was intro- strong support of H.R. 3167, a bill to des- marks on H.R. 3167, the bill just passed. duced by the gentleman from New ignate the United States Post Office located in The SPEAKER pro tempore. Is there York (Mr. ACKERMAN). The legislation East Northport, New York, as the ``Jerome An- objection to the request of the gen- was introduced on February 5, 1998 and thony Ambro, Jr. Post Office Building.'' This tleman from Texas? is cosponsored by the entire House del- legislation is a fitting tribute to a great man There was no objection. egation from the State of New York and selfless public servant. f pursuant to the policy of the Commit- I am proud to be the sponsor of this legisla- EDGAR C. CAMPBELL, SR. POST tee on Government Reform and Over- tion. The fact that all 31 members of the New OFFICE BUILDING sight. York Delegation cosponsored the bill dem- H.R. 3167 designates the building of onstrates the respect we all have for Jerome Mr. SESSIONS. Mr. Speaker, I move the United States Postal Service lo- Anthony Ambro, Jr. In addition, both Senators to suspend the rules and pass the bill cated at 297 Larkfield Road in East from New York have sponsored similar legisla- (H.R. 3939) to designate the United Northport, New York, as the ‘‘Jerome tion in the other body. It doesn't stop there. States Postal Service building located Anthony Ambro, Jr. Post Office Build- The Huntington Town BoardÐthe local gov- at 658 63rd Street, Philadelphia, Penn- ing’’. ernment representing the community where sylvania, as the ‘‘Edgar C. Campbell, Jerome Anthony Ambro, Jr., a life- the post office is locatedÐunanimously ap- Sr., Post Office Building’’. long New Yorker, was born in Brook- proved a resolution urging Congress to pass The Clerk read as follows: lyn. He graduated from New York Uni- this legislation. H.R. 3939 versity and served in the United States The reason this bill has such widespread Be it enacted by the Senate and House of Rep- Army military police. Mr. Ambro support, from the grassroots to the Capitol, is resentatives of the United States of America in served four terms as Huntington Town that Jerry, as his friends called him, served his Congress assembled, Supervisor and as a member of the Suf- constituents, colleagues and country well. Un- SECTION 1. EDGAR C. CAMPBELL, SR., POST OF- folk County Board of Supervisors. He fortunately, our nation sustained a major loss FICE BUILDING. was elected to Congress in 1974 and when Jerry passed away in 1993 from diabe- (a) DESIGNATION.—The United States Post- al Service building located at 658 63rd Street, served three terms representing the 3rd tes complications. District of New York. Mr. Ambro was in Philadelphia, Pennsylvania, shall be Jerry was a lifelong New Yorker, and he known and designated as the ‘‘Edgar C. elected leader of the 1982 freshman never forgot his roots. Following his service in Campbell, Sr., Post Office Building’’. Members who were elected after Water- the United States Army, Jerry served his con- (b) REFERENCES.—Any reference in a law, gate. He served as Chairman of the stituents admirably for four terms as the Hun- map, regulation, document, paper, or other House Subcommittee on Natural Re- tington Town Supervisor. In that role, he record of the United States to the building sources and Environment and was worked diligently to improve environmental referred to in subsection (a) shall be deemed known for his tireless work for senior protection and senior citizen services on Long to be a reference to the ‘‘Edgar C. Campbell, citizens, strengthening Social Secu- Island. Sr., Post Office Building’’. rity, and his role in passing the clean Following his local success, Jerry was elect- The SPEAKER pro tempore. Pursu- air and clean water legislation. Mr. ed to three terms in the U.S. House of Rep- ant to the rule, the gentleman from Ambro died at age 64 in 1993. resentatives where he served as Chairman of Texas (Mr. SESSIONS) and the gen- Mr. Speaker, I urge all my colleagues the Science Subcommittee on Natural Re- tleman from Pennsylvania (Mr. to support this legislation. sources and the Environment. He played a FATTAH) each will control 20 minutes. Mr. Speaker, I reserve the balance of leading role in passing clean air and clean The Chair recognizes the gentleman my time. water legislation that improved our country's from Texas (Mr. SESSIONS). Mr. FATTAH. Mr. Speaker, I yield quality of life. Jerry also was a tireless advo- Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume, cate for senior citizens, fighting for the myself such time as I may consume. and I rise in support of H.R. 3167. strengthening of Social Security. Mr. Speaker, H.R. 3939 was intro- Our effort here, Mr. Speaker, is to Jerry Ambro's distinguished public service in duced by our distinguished colleague name a post office in honor of a former local government and the House of Rep- and ranking member of the Sub- colleague, and this was offered by the resentatives deserves to be honored. The committee on Postal Service, the gen- gentleman from the great State of New East Northport Post Office will be a legacy to tleman from Pennsylvania (Mr. York (Mr. ACKERMAN). It is in honor of Jerry's tireless efforts to improve the lives of FATTAH). The legislation was intro- a gentleman whose record of service in New Yorkers. duced on May 21, 1998, and enjoys the this House speaks for itself, I think all I thank the chairman and the ranking mem- cosponsorship of the entire House dele- would agree, in terms of his fight on ber of the Postal Service Subcommittee for gation from Pennsylvania pursuant to behalf of senior citizens and the protec- their cooperation in moving this legislation, the policy of the Committee on Gov- tion of Social Security and in terms of and I strongly urge all of my colleagues to ernment Reform and Oversight. his efforts in passing the Clean Air Act, support this important bill. H.R. 3939 designates the building of his acknowledged leadership by his col- Mr. FATTAH. Mr. Speaker, I have no the United States Postal Service lo- leagues when he was elected head of further requests for time, and I yield cated at 658 63rd Street in Philadel- the freshman class, some 82 Members. back the balance of my time. phia, Pennsylvania, be known as the September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7465 ‘‘Edgar C. Campbell, Sr., Post Office The SPEAKER pro tempore. The tives. He was involved in many commu- Building’’. question is on the motion offered by nity and professional organizations, in- Mr. Campbell senior was elected to the gentleman from Texas (Mr. SES- cluding the Urban League of Philadel- five terms of city-wide office, including SIONS) that the House suspend the rules phia, the National Association of State Councilman-at-Large and Clerk of the and pass the bill, H.R. 3939. Legislators, and the Greater German- Quarter Sessions Court. The question was taken; and (two- town Youth Corporation. He was the Mr. Speaker, I urge our colleagues to thirds having voted in favor thereof) recipient of numerous honors and support this legislation, which is to the rules were suspended and the bill awards for his civic involvement. honor Mr. Edgar C. Campbell, Sr. was passed. b 1500 Mr. Speaker, I reserve the balance of A motion to reconsider was laid on my time. the table. Mr. Richardson died in 1995. Mr. Speaker, I urge my colleagues to Mr. FATTAH. Mr. Speaker, I yield f myself such time as I may consume, support this legislation, and I reserve obviously in support of H.R. 3939, a bill GENERAL LEAVE the balance of my time. that I have authored and does indeed Mr. SESSIONS. Mr. Speaker, I ask Mr. FATTAH. Mr. Speaker, I yield have the full support of the entire unanimous consent that all Members myself such time as I may consume. Mr. Speaker, I also rise in support of Pennsylvania delegation. may have 5 legislative days within H.R. 3999, which would name a postal On many occasions we do this to which to revise and extend their re- facility in the Germantown section of honor the people that we are naming marks on H.R. 3939, the bill just passed. Philadelphia after a former colleague the buildings after, and in so many re- The SPEAKER pro tempore. Is there who I served in the State House with, spects Edgar C. Campbell, Sr., honored objection to the request of the gen- David P. Richardson. He served for us by his willingness to work and dedi- tleman from Texas? some 11 terms as a state legislator cate his life to public service. I knew There was no objection. from Philadelphia. I served in the him well personally. He taught me f State House for 3 terms and then as a some of the more painful lessons of DAVID P. RICHARDSON, JR., POST state senator in which our districts local politics, beating me in some of OFFICE BUILDING were contiguous to each other and also my earlier efforts at public office. He was known as the ‘‘Dean of Black Mr. SESSIONS. Mr. Speaker, I move briefly as a Member of Congress while Politics’’ in Philadelphia, but also had to suspend the rules and pass the bill he was still alive. David P. Richardson was a state leg- a hand in most all of the politics of our (H.R. 3999) to designate the United islator. But he was more than that. He local city in Philadelphia. He was States Postal Service building located was elected by his colleagues as the someone who served both on the city at 5209 Greene Street, Philadelphia, president of the National Association council and as clerk of the court. He Pennsylvania, as the ‘‘David P. Rich- of Black State Legislators in our Na- served as what we call the ward leader, ardson, Jr., Post Office Building’’. tion. He was the president of that asso- that is, the local political leader of the The Clerk read as follows: ciation but also served on the Execu- 4th Ward executive committee, which H.R. 3999 tive Committee of the National Con- is the ward I was raised in and came of Be it enacted by the Senate and House of Rep- ference of State Legislators. age in politically. resentatives of the United States of America in He was at home in Harrisburg, in our Congress assembled, Edgar C. Campbell, Sr.’s legacy con- state capital, the chairman, or as we tinues through the great work of his SECTION 1. DAVID P. RICHARDSON, JR., POST OF- would say, the ‘‘powerful chairman,’’ of daughter, who is now the ward leader FICE BUILDING. (a) DESIGNATION.—The United States Post- the health and welfare committee for there and head of a group of ward lead- so many years that none could remem- ers, and also the leader of our local al Service building located at 5209 Greene Street, in Philadelphia, Pennsylvania, shall ber a previous chairman. party, the leader of one of the head of- be known and designated as the ‘‘David P. David P. Richardson served his con- fices of our local Democratic party or- Richardson, Jr., Post Office Building’’. stituents well. He was a former product ganization. (b) REFERENCES.—Any reference in a law, of the public schools of Philadelphia, So I just want to have the House un- map, regulation, document, paper, or other Germantown High School. He is some- derstand the tremendous contributions record of the United States to the building one who is well-respected for all of his referred to in subsection (a) shall be deemed of this person, who was a gentleman, work. His legacy will be with us for a but also had a way to make sure that to be a reference to the ‘‘David P. Richard- son, Jr., Post Office Building’’. great time to come. And this post of- everyone understood that he had a fice in the heart of his State House dis- The SPEAKER pro tempore. Pursu- sense about politics and he understood trict will remind his constituents that ant to the rule, the gentleman from how to make it work to the benefit of David P. Richardson and his work Texas (Mr. SESSIONS) and the gen- the people who were his neighbors, who should not ever be forgotten. entrusted him with the responsibility tleman from Pennsylvania (Mr. Mr. Speaker, I yield back the balance ATTAH) each will control 20 minutes. of serving in public office. F of my time. Mr. Speaker, I have no further re- The Chair recognizes the gentleman Mr. SESSIONS. Mr. Speaker, I yield quests for time, and I yield back the from Texas (Mr. SESSIONS). myself such time as I may consume. balance of my time. Mr. SESSIONS. Mr. Speaker, I yield May the spirit of what we have done Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume. here today and us working together myself the balance of my time. Mr. Speaker, H.R. 3999 was intro- live and enrich these communities of I did not know that Mr. Edgar C. duced by the gentleman from Pennsyl- these post offices of which we have Campbell, Sr., was a mentor of the gen- vania (Mr. FATTAH), who is the ranking dedicated not only to the people of tleman from Pennsylvania (Mr. member of the Subcommittee on Post- these communities but also for the FATTAH), but I must state that he must al Service. The legislation was intro- spirit in which these gentlemen lived have been a gentleman who taught duced on June 5, 1998, and enjoys the their lives. well, because he has always not only cosponsorship of the entire House dele- Mr. Speaker, I yield back the balance been a gentleman but fought vigor- gation from the State of Pennsylvania of my time. ously for all those things he believes pursuant to the policy of the Commit- The SPEAKER pro tempore (Mr. in. tee on Government Reform and Over- Gillmor). The question is on the mo- Mr. Speaker, it is an honor for us to sight. tion offered by the gentleman from name this post office in his honor, and H.R. 3999 designates the building of Texas (Mr. SESSIONS) that the House it is great that the gentleman has the United States Postal Service lo- suspend the rules and pass the bill, brought this forth, and we appreciate cated at 5209 Greene Street, Philadel- H.R. 3999. that. phia, Pennsylvania, as the ‘‘David P. The question was taken; and (two- Mr. Speaker, I have no further re- Richardson, Jr., Post Office Building’’. thirds having voted in favor thereof) quests for time, and I yield back the Mr. Richardson served 11 terms in the rules were suspended and the bill balance of my time. the Pennsylvania House of Representa- was passed. H7466 CONGRESSIONAL RECORD — HOUSE September 9, 1998 A motion to reconsider was laid on Barton Filner Livingston Royce Smith (OR) Tierney Bass Foley LoBiondo Ryun Smith (TX) Torres the table. Bateman Forbes Lofgren Sabo Snowbarger Traficant f Becerra Fossella Lowey Salmon Snyder Turner Bentsen Fowler Lucas Sanchez Solomon Upton GENERAL LEAVE Bereuter Fox Luther Sanders Souder Velazquez Berry Frank (MA) Maloney (CT) Sandlin Spence Vento Mr. SESSIONS. Mr. Speaker, I ask Bilbray Franks (NJ) Maloney (NY) Sanford Spratt Visclosky unanimous consent that all Members Bilirakis Frelinghuysen Manton Sawyer Stabenow Walsh Bishop Frost Manzullo Saxton Stark Wamp may have 5 legislative days within Blagojevich Gallegly Markey Scarborough Stearns Waters which to revise and extend their re- Bliley Ganske Martinez Schaffer, Bob Stenholm Watkins marks on H.R. 3999. Blunt Gejdenson Mascara Scott Stokes Watt (NC) The SPEAKER pro tempore. Is there Boehlert Gekas Matsui Sensenbrenner Strickland Watts (OK) Boehner Gephardt McCarthy (MO) Serrano Stump Waxman objection to the request of the gen- Bonilla Gibbons McCarthy (NY) Sessions Stupak Weldon (FL) tleman from Texas? Bonior Gilchrest McCollum Shadegg Sununu Weldon (PA) There was no objection. Bono Gillmor McCrery Shaw Talent Weller Boswell Gilman McDade Shays Tanner Weygand f Boucher Goode McDermott Sherman Tauscher White Boyd Goodlatte McGovern Shimkus Tauzin Whitfield RECESS Brady (PA) Goodling McHale Shuster Taylor (MS) Wicker Brady (TX) Gordon McHugh Sisisky Taylor (NC) Wilson The SPEAKER pro tempore. Pursu- Brown (CA) Goss McInnis Skaggs Thomas Wise ant to clause 12 of rule I, the Chair de- Brown (OH) Graham McIntosh Skeen Thompson Wolf clares the House in recess until ap- Bryant Granger McIntyre Skelton Thornberry Woolsey Slaughter Thune Wynn proximately 5 p.m. Bunning Green McKeon Burr Greenwood McKinney Smith (MI) Thurman Yates Accordingly (at 3 o’clock and 3 min- Burton Gutierrez McNulty Smith (NJ) Tiahrt Young (FL) utes p.m.), the House stood in recess Callahan Gutknecht Meehan NAYS—1 until approximately 5 p.m. Calvert Hall (OH) Meek (FL) Camp Hall (TX) Meeks (NY) Paul f Campbell Hamilton Menendez NOT VOTING—36 Canady Hansen Metcalf b 1700 Cannon Harman Mica Ackerman Furse Poshard Capps Hastert Millender- Barcia Gonzalez Pryce (OH) AFTER RECESS Cardin Hastings (FL) McDonald Berman Hoekstra Riggs Carson Hastings (WA) Miller (CA) Blumenauer Hooley Roukema The recess having expired, the House Castle Hayworth Miller (FL) Borski John Rush was called to order by the Speaker pro Chabot Hefley Minge Brown (FL) Kaptur Schaefer, Dan Buyer Kennedy (MA) Schumer tempore (Mr. EVERETT) at 5 p.m. Chambliss Hefner Mink Chenoweth Herger Mollohan Davis (VA) Kennelly Smith, Adam f Christensen Hill Moran (KS) Deutsch Kolbe Smith, Linda Clay Hilleary Morella Dixon Lampson Towns ANNOUNCEMENT BY THE SPEAKER Clayton Hilliard Murtha Ehrlich Moakley Wexler PRO TEMPORE Clement Hinchey Myrick Ford Moran (VA) Young (AK) Clyburn Hinojosa Nadler b 1722 The SPEAKER pro tempore. Pursu- Coble Hobson Neal ant to clause 5 of rule I, the Chair will Coburn Holden Nethercutt So (two-thirds having voted in favor now put the question of each motion to Collins Horn Neumann thereof) the rules were suspended and Combest Hostettler Ney suspend the rules on which further pro- Condit Houghton Northup the bill, as amended, was passed. ceedings were postponed earlier today Conyers Hoyer Norwood The result of the vote was announced in the order in which that motion was Cook Hulshof Nussle as above recorded. Cooksey Hunter Oberstar The title was amended so as to read: entertained. Costello Hutchinson Obey Votes will be taken in the following Cox Hyde Olver ‘‘A bill to require the Secretary of the order: Coyne Inglis Ortiz Treasury to mint coins in commemora- H.R. 678, by the yeas and nays; Cramer Istook Owens tion of Thomas Alva Edison and the Crane Jackson (IL) Oxley H.R. 1560, by the yeas and nays; and Crapo Jackson-Lee Packard 125th anniversary of Edison’s invention H.R. 459, by the yeas and nays. Cubin (TX) Pallone of the light bulb, and for other pur- The Chair will reduce to 5 minutes Cummings Jefferson Pappas poses.’’. Cunningham Jenkins Parker A motion to reconsider was laid on the time for any electronic vote after Danner Johnson (CT) Pascrell the first such vote in this series. Davis (FL) Johnson (WI) Pastor the table. f Davis (IL) Johnson, E. B. Paxon f Deal Johnson, Sam Payne DeFazio Jones Pease ANNOUNCEMENT BY THE SPEAKER THOMAS ALVA EDISON DeGette Kanjorski Pelosi COMMEMORATIVE COIN ACT Delahunt Kasich Peterson (MN) The SPEAKER. Pursuant to the pro- DeLauro Kelly Peterson (PA) visions of clause 5 of rule I, the Chair The SPEAKER pro tempore. The DeLay Kennedy (RI) Petri announces that he will reduce to a pending business is the question of sus- Diaz-Balart Kildee Pickering minimum of 5 minutes the period of pending the rules and passing the bill, Dickey Kilpatrick Pickett Dicks Kim Pitts time within which a vote by electronic H.R. 678, as amended. Dingell Kind (WI) Pombo device will be taken on each additional The Clerk read the title of the bill. Doggett King (NY) Pomeroy motion to suspend the rules on which The SPEAKER pro tempore. The Dooley Kingston Porter the Chair has postponed further consid- question is on the motion offered by Doolittle Kleczka Portman Doyle Klink Price (NC) eration. the gentleman from Delaware (Mr. Dreier Klug Quinn f CASTLE) that the House suspend the Duncan Knollenberg Radanovich rules and pass the bill, H.R. 678, as Dunn Kucinich Rahall LEWIS AND CLARK EXPEDITION Edwards LaFalce Ramstad amended, on which the yeas and nays Ehlers LaHood Rangel BICENTENNIAL COMMEMORATIVE are ordered. Emerson Lantos Redmond COIN ACT The vote was taken by electronic de- Engel Largent Regula The SPEAKER. The pending business vice, and there were—yeas 397, nays 1, English Latham Reyes Ensign LaTourette Riley is the question of suspending the rules not voting 36, as follows: Eshoo Lazio Rivers and passing the bill, H.R. 1560, as [Roll No. 417] Etheridge Leach Rodriguez Evans Lee Roemer amended. YEAS—397 Everett Levin Rogan The Clerk read the title of the bill. Abercrombie Armey Ballenger Ewing Lewis (CA) Rogers The SPEAKER. The question is on Aderholt Bachus Barr Farr Lewis (GA) Rohrabacher the motion offered by the gentleman Allen Baesler Barrett (NE) Fattah Lewis (KY) Ros-Lehtinen Andrews Baker Barrett (WI) Fawell Linder Rothman from Delaware (Mr. CASTLE) that the Archer Baldacci Bartlett Fazio Lipinski Roybal-Allard House suspend the rules and pass the September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7467 bill, H.R. 1560, as amended, on which Neumann Rohrabacher Strickland The vote was taken by electronic de- Ney Ros-Lehtinen Stump the yeas and nays are ordered. Northup Rothman Stupak vice, and there were—yeas 400, nays 0, This will be a 5-minute vote. Norwood Roybal-Allard Sununu not voting 34, as follows: The vote was taken by electronic de- Nussle Royce Talent [Roll No. 419] Oberstar Ryun Tanner vice, and there were—yeas 398, nays 2, Obey Sabo Tauscher YEAS—400 not voting 34, as follows: Olver Salmon Tauzin Abercrombie Dicks Jones Ortiz Sanchez Taylor (MS) [Roll No. 418] Aderholt Dingell Kanjorski Owens Sanders Taylor (NC) Allen Dixon Kaptur YEAS—398 Oxley Sandlin Thomas Andrews Doggett Kasich Packard Sanford Thompson Archer Dooley Kelly Abercrombie DeLay Jackson-Lee Pallone Sawyer Thornberry Armey Doolittle Kildee Aderholt (TX) Diaz-Balart Pappas Saxton Thune Bachus Doyle Kilpatrick Allen Jefferson Dickey Parker Scarborough Thurman Baesler Dreier Kim Andrews Jenkins Dicks Pascrell Schaffer, Bob Tiahrt Baker Duncan Kind (WI) Archer Johnson (CT) Dingell Pastor Scott Tierney Baldacci Dunn King (NY) Armey Johnson (WI) Doggett Paxon Sensenbrenner Torres Ballenger Edwards Kingston Bachus Johnson, E. B. Dooley Payne Serrano Traficant Barr Ehlers Kleczka Baesler Johnson, Sam Doolittle Pease Sessions Turner Barrett (NE) Emerson Klink Baker Jones Doyle Pelosi Shadegg Upton Barrett (WI) Engel Klug Baldacci Kanjorski Dreier Peterson (MN) Shaw Velazquez Bartlett English Knollenberg Ballenger Kaptur Duncan Peterson (PA) Shays Vento Barton Ensign Kucinich Barr Kasich Dunn Petri Sherman Visclosky Bass Eshoo LaFalce Barrett (NE) Kelly Edwards Pickering Shimkus Walsh Bateman Etheridge LaHood Barrett (WI) Kennedy (RI) Ehlers Pickett Shuster Wamp Becerra Evans Lantos Bartlett Kildee Emerson Pitts Sisisky Waters Bentsen Everett Largent Barton Kilpatrick Engel Pombo Skaggs Watkins Bereuter Ewing Latham Bass Kim English Pomeroy Skeen Watt (NC) Berman Farr LaTourette Bateman Kind (WI) Ensign Porter Skelton Watts (OK) Berry Fattah Lazio Becerra King (NY) Eshoo Portman Slaughter Waxman Bilbray Fawell Leach Bentsen Kingston Etheridge Price (NC) Smith (MI) Weldon (FL) Bilirakis Fazio Lee Bereuter Kleczka Evans Quinn Smith (NJ) Weldon (PA) Bishop Filner Levin Berman Klink Everett Radanovich Smith (OR) Weller Blagojevich Foley Lewis (CA) Berry Klug Ewing Rahall Smith (TX) Weygand Bliley Forbes Lewis (GA) Bilbray Knollenberg Farr Ramstad Snowbarger White Blumenauer Fossella Lewis (KY) Bilirakis Kucinich Fattah Rangel Snyder Whitfield Blunt Fowler Linder Bishop LaFalce Fawell Redmond Solomon Wicker Boehlert Fox Lipinski Blagojevich LaHood Fazio Regula Souder Wilson Boehner Frank (MA) Livingston Bliley Lantos Filner Reyes Spence Wise Bonilla Franks (NJ) LoBiondo Blunt Largent Foley Riley Spratt Wolf Bonior Frelinghuysen Lofgren Boehlert Latham Forbes Rivers Stabenow Woolsey Bono Frost Lowey Bonilla LaTourette Fossella Rodriguez Stark Wynn Boswell Gallegly Lucas Bonior Lazio Fowler Roemer Stearns Yates Boucher Ganske Luther Bono Leach Fox Rogan Stenholm Young (FL) Boyd Gejdenson Maloney (CT) Boswell Lee Frank (MA) Rogers Stokes Brady (PA) Gekas Maloney (NY) Boucher Levin Franks (NJ) Brady (TX) Gephardt Manton Boyd Lewis (GA) NAYS—2 Frelinghuysen Brown (CA) Gibbons Manzullo Brady (PA) Lewis (KY) Frost Boehner Paul Brown (OH) Gilchrest Markey Brady (TX) Linder Gallegly Bryant Gillmor Martinez Brown (CA) Lipinski NOT VOTING—34 Ganske Bunning Gilman Mascara Brown (OH) Livingston Gejdenson Ackerman Hoekstra Riggs Burton Goode Matsui Bryant LoBiondo Gekas Barcia Hooley Roukema Callahan Goodlatte McCarthy (MO) Bunning Lofgren Blumenauer John Rush Calvert Goodling McCarthy (NY) Burr Gephardt Lowey Borski Kennedy (MA) Schaefer, Dan Camp Gordon McCollum Burton Gibbons Lucas Brown (FL) Kennelly Schumer Campbell Goss McCrery Callahan Gilchrest Luther Buyer Kolbe Smith, Adam Canady Granger McDade Calvert Gillmor Maloney (CT) Deutsch Lampson Smith, Linda Cannon Green McDermott Camp Gilman Maloney (NY) Dixon Lewis (CA) Towns Capps Greenwood McGovern Campbell Goode Manton Ehrlich Meek (FL) Wexler Cardin Gutierrez McHale Canady Goodlatte Manzullo Ford Moakley Young (AK) Carson Gutknecht McHugh Cannon Goodling Markey Furse Poshard Castle Hall (OH) McInnis Capps Gordon Martinez Gonzalez Pryce (OH) Chabot Hall (TX) McIntosh Cardin Goss Mascara Chambliss Hamilton McIntyre Carson Graham Matsui b 1732 Chenoweth Hansen McKeon Castle Granger McCarthy (MO) Christensen Harman McKinney Chabot Green McCarthy (NY) So (two-thirds having voted in favor Clay Hastert McNulty Chambliss Greenwood McCollum thereof) the rules were suspended and Clayton Hastings (FL) Meehan Chenoweth Gutierrez McCrery the bill, as amended, was passed. Clement Hastings (WA) Meek (FL) Christensen Gutknecht McDade Clyburn Hayworth Meeks (NY) Clay Hall (OH) McDermott The result of the vote was announced Coble Hefley Menendez Clayton Hall (TX) McGovern as above recorded. Coburn Hefner Metcalf Clement Hamilton McHale A motion to reconsider was laid on Collins Herger Mica Clyburn Hansen McHugh Combest Hill Millender- Coble Harman McInnis the table. Condit Hilleary McDonald Coburn Hastert McIntosh f Conyers Hilliard Miller (CA) Collins Hastings (FL) McIntyre Cook Hinchey Miller (FL) Combest Hastings (WA) McKeon COMMEMORATING 50 YEARS OF Cooksey Hinojosa Minge Condit Hayworth McKinney RELATIONS BETWEEN THE Costello Hobson Mink Conyers Hefley McNulty UNITED STATES AND THE RE- Cox Holden Mollohan Cook Hefner Meehan Coyne Horn Moran (KS) Cooksey Herger Meeks (NY) PUBLIC OF KOREA Cramer Hostettler Moran (VA) Costello Hill Menendez The SPEAKER. The pending business Crane Houghton Morella Cox Hilleary Metcalf Crapo Hoyer Murtha Coyne Hilliard Mica is the question of suspending the rules Cubin Hulshof Myrick Cramer Hinchey Millender- and agreeing to the resolution, H. Res. Cummings Hunter Nadler Crane Hinojosa McDonald 459, as amended. Cunningham Hutchinson Neal Crapo Hobson Miller (CA) The Clerk read the title of the resolu- Danner Hyde Nethercutt Cubin Holden Miller (FL) Davis (FL) Inglis Neumann Cummings Horn Minge tion. Davis (IL) Istook Ney Cunningham Hostettler Mink The SPEAKER. The question is on Davis (VA) Jackson (IL) Northup Danner Houghton Mollohan the motion offered by the gentleman Deal Jackson-Lee Norwood Davis (FL) Hoyer Moran (KS) DeFazio (TX) Nussle Davis (IL) Hulshof Moran (VA) from New York (Mr. GILMAN) that the DeGette Jefferson Oberstar Davis (VA) Hunter Morella House suspend the rules and agree to Delahunt Jenkins Obey Deal Hutchinson Murtha the resolution, House Resolution 459, DeLauro Johnson (CT) Olver DeFazio Hyde Myrick as amended, on which the yeas and DeLay Johnson (WI) Ortiz DeGette Inglis Nadler Diaz-Balart Johnson, E.B. Owens Delahunt Istook Neal nays are ordered. Dickey Johnson, Sam Oxley DeLauro Jackson (IL) Nethercutt This will be a 5-minute vote. H7468 CONGRESSIONAL RECORD — HOUSE September 9, 1998 Packard Sabo Stupak COMMUNICATION FROM INDEPEND- July 2, 1998, the Court finds that it is appro- Pallone Salmon Sununu priate for the Independent Counsel to convey Pappas Sanchez Talent ENT COUNSEL KENNETH W. STARR the materials described in that motion to Parker Sanders Tanner the House of Representatives. Accordingly, Pascrell Sandlin Tauscher Pastor Sanford Tauzin The Speaker laid before the House it is Paul Sawyer Taylor (MS) the following communication from ORDERED that the motion be granted. Paxon Saxton Taylor (NC) Kenneth W. Starr, Independent Coun- The Court hereby authorizes the Independent Payne Scarborough Thomas sel: Counsel to deliver to the House of Represent- Pease Schaffer, Bob Thompson atives materials that the Independent Coun- OFFICE OF THE INDEPENDENT COUNSEL, Pelosi Scott Thornberry sel determines constitute information of the Washington, DC, September 9, 1998. Peterson (MN) Sensenbrenner Thune type described in 28 U.S.C. § 595(c). This au- Hon. NEWT GINGRICH, Peterson (PA) Serrano Thurman thorization constitutes an order for purposes Petri Sessions Tiahrt Speaker, U.S. House of Representatives, of Federal Rule of Criminal Procedure Pickering Shadegg Tierney Washington, DC. 6(e)(3)(C)(i) permitting disclosure of all grand Pickett Shaw Torres Hon. RICHARD A. GEPHARDT, jury material that the independent counsel Pitts Shays Traficant Democratic Leader, U.S. House of Representa- Pombo Sherman Turner deems necessary to comply with the require- tives, Washington, DC. Pomeroy Shimkus Upton ments of § 595(c). This order may be disclosed DEAR MR. SPEAKER AND REPRESENTATIVE Porter Shuster Velazquez as required in connection with the Independ- GEPHARDT: Today this Office has delivered to Portman Sisisky Vento ent Counsel’s compliance with his statutory the Sergeant at Arms, the Honorable Wilson Price (NC) Skaggs Visclosky mandate. Quinn Skeen Walsh Livingood, 36 sealed boxes containing two PER CURIAM Radanovich Skelton Wamp complete copies of a Referral to the House of FOR THE COURT: Rahall Slaughter Waters Representatives. This Referral is filed in Mark J. Langer, Ramstad Smith (MI) Watkins conformity with the requirements of Title Rangel Smith (NJ) Watt (NC) Clerk 28, United States Code, Section 595(c), which Redmond Smith (OR) Watts (OK) BY provides that ‘‘[a]n independent counsel Regula Smith (TX) Waxman MARILYN R. SARGENT, shall advise the House of Representatives of Reyes Snowbarger Weldon (FL) Chief Deputy Clerk. Riley Snyder Weldon (PA) any substantial and credible information Rivers Solomon Weller which such independent counsel receives . .. f Rodriguez Souder Weygand that may constitute grounds for an impeach- PARLIAMENTARY INQUIRIES Roemer Spence White ment.’’ Rogan Spratt Whitfield Mr. DINGELL. Mr. Speaker, I have a Rogers Stabenow Wicker This Referral contains confidential mate- Rohrabacher Stark Wilson rial and material protected from disclosure parliamentary inquiry. Ros-Lehtinen Stearns Wise by Rule 6(e) of the Federal Rules of Criminal The SPEAKER. The gentleman will Rothman Stenholm Woolsey Procedure. Disclosure of this material to the state it. Roybal-Allard Stokes Wynn House of Representatives has been author- Mr. DINGELL. Mr. Speaker, I note Royce Strickland Yates ized by the United States Court of Appeals that the Rules of the House say that Ryun Stump Young (FL) for the District of Columbia Circuit, Division any document in any committee is NOT VOTING—34 for the Purpose of Appointing Independent available to any Member of this House Ackerman Hoekstra Roukema Counsels. A copy of that order is attached. upon proper presentation by that Mem- The contents of the Referral may not be pub- Barcia Hooley Rush ber to this committee. Will that rule Borski John Schaefer, Dan licly disclosed unless and until authorized by Brown (FL) Kennedy (MA) Schumer the House of Representatives. Many of the prevail with regard to the documents Burr Kennedy (RI) Smith, Adam supporting materials contain information of referred to? Buyer Kennelly Smith, Linda a personal nature that I respectfully urge The SPEAKER. The documents cur- Deutsch Kolbe Towns rently do not belong to any committee Ehrlich Lampson Wexler the House to treat as confidential. Ford Moakley Wolf I respectfully request that the Sergeant at and are in possession of the House Furse Poshard Young (AK) Arms maintain this Referral in a sealed and under armed guard. The House will Gonzalez Pryce (OH) secure condition and deliver this sealed Re- consider a rule to deal with the docu- Graham Riggs ferral to the House of Representatives at a ments. At that time, the gentleman b 1741 time and place to be determined by the may have an ample opportunity, to de- House consistent with its own Rules. Until So (two-thirds having voted in favor such time as the Sergeant at Arms is di- bate it. thereof) the rules were suspended and rected to deliver this Referral, I consider it The majority is working very closely the resolution, as amended, was agreed a record of the Office of the Independent with the minority leader and the rank- to. Counsel, and executive department of the ing minority member of the Committee The result of the vote was announced Executive Branch. I respectfully request that on the Judiciary and with the Members as above recorded. the Referral remain sealed until its formal on both sides of the Committee on A motion to reconsider was laid on receipt by the House. Jefferson’s Manual, Rules to develop a rule which may § 706(c) (citing Speaker O’Neill’s ruling of the table. come to the Committee on Rules. This July 31, 1980, CONG. REC. at 20765). f hopefully will be a clearly bipartisan Respectfully yours, rule with a broad base of support which PERSONAL EXPLANATION KENNETH W. STARR, Independent Counsel. will handle a complex group of docu- Mr. DEUTSCH. Mr. Speaker, I was absent ments in a way that will both meet the b 1745 from the chamber today for rollcall votes 417, public interest and the needs of the 418 and 419. Had I been present, I would like The SPEAKER. The accompanying Members. the RECORD to reflect that I would have voted court order will appear at this point in Mr. DINGELL. Mr. Speaker, I have a `àye'' on each of these votes. the Congressional RECORD. further parliamentary inquiry. As I f The text of the court order is as fol- note that the Rules of the House re- lows: quire that any document in the posses- PERSONAL EXPLANATION U.S. COURT OF APPEALS FOR THE DISTRICT OF sion of any committee or in the posses- Mr. FORD. Mr. Speaker, today I was un- COLUMBIA CIRCUIT sion of the House is available to any avoidably detained and missed the following DIVISION FOR THE PURPOSE OF APPOINTING Member of this House upon demand; is rollcall votes: INDEPENDENT COUNSELS that correct? The SPEAKER. Only with respect to Rollcall No. 417ÐH.R. 678, Thomas Alva Ethics in Government Act of 1978, As Edison Sesquicentennial Commemorative Amended committee files. Documents initially in the possession of the whole House Coin Act; In Re: Madison Guaranty Savings & Loan As- Rollcall No. 418ÐH.R. 1560, Lewis and sociation, Division No. 94–1. can be handled in a different manner. Clark Expedition Bicentennial Commemorative Before: Sentelle, Presiding Judge, and And until the Committee on Rules and Coin Act; and Butzner and Fay, Senior Circuit Judges. the House has determined where these Rollcall No. 419ÐH. Res. 459, Commemo- ORDER documents will go and in what manner rating 50 Years of Relations between the Upon consideration of the ‘‘Ex Parte Mo- they will be handled, they will be United States and the Republic of Korea. tion for Approval of Disclosure of Matters maintained under armed guard in a Had I been present, I would have voted Occurring Before a Grand Jury’’ filed by room that the Sergeant at Arms is re- `àye'' on Rollcall Nos. 417, 418, and 419. Independent Counsel Kenneth W. Starr on sponsible for. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7469 Mr. DINGELL. Mr. Speaker, again, I that input is being put in right now There was no objection. have a further parliamentary inquiry. and sometime this evening we will f The documents are in the custody of come to some kind of bipartisan deci- the Speaker, are they not? sion and bring that rule to the floor to- SPECIAL ORDERS The SPEAKER. At the direction of morrow. The SPEAKER pro tempore. Under the Chair, the documents are in the f the Speaker’s announced policy of Jan- custody of the Sergeant at Arms on be- uary 7, 1997, and under a previous order half of the House. No Member of the REPORT ON RESOLUTION PROVID- of the House, the following Members House, neither the Speaker nor the mi- ING FOR CONSIDERATION OF will be recognized for 5 minutes each. nority leader nor any other Member H.R. 2863, MIGRATORY BIRD f TREATY REFORM ACT OF 1998 nor any staff member, has access to The SPEAKER pro tempore. Under a these documents. Mr. GOSS, from the Committee on previous order of the House, the gen- Mr. TAYLOR of Mississippi. Mr. Rules, submitted a privileged report tleman from Michigan (Mr. STUPAK) is Speaker, I have a parliamentary in- (Rept. No. 105–698) on the resolution (H. recognized for 5 minutes. quiry. Res. 521) providing for the consider- (Mr. STUPAK addressed the House. The SPEAKER. The gentleman will ation of the bill (H.R. 2863) to amend His remarks will appear hereafter in state it. the Migratory Bird Treaty Act to clar- the Extensions of Remarks.) Mr. TAYLOR of Mississippi. Mr. ify restrictions under that Act on bait- f Speaker, how would a Member of the ing, to facilitate acquisition of migra- The SPEAKER pro tempore. Under a House who seeks to see these docu- tory bird habitat, and for other pur- previous order of the House, the gentle- ments go about seeing them? poses, which was referred to the House woman from Hawaii (Mrs. MINK) is rec- The SPEAKER. The most efficient Calendar and ordered to be printed. way could be for the gentleman from ognized for 5 minutes. Mississippi to meet with either the mi- f (Mrs. MINK of Hawaii addressed the nority leader or the ranking minority REPORT ON RESOLUTION PROVID- House. Her remarks will appear here- member of the Committee on the Judi- ING FOR CONSIDERATION OF after in the Extensions of Remarks.) ciary and explain how he wishes them H.R. 2538, GUADALUPE-HIDALGO f to be handled, so that as the rule is TREATY LAND CLAIMS ACT OF The SPEAKER pro tempore. Under a written tonight or tomorrow morning 1998 previous order of the House, the gen- it is written in a manner that fits the Mr. GOSS, from the Committee on tleman from Michigan (Mr. CONYERS) is gentleman’s interest. That is the way Rules, submitted a privileged report recognized for 5 minutes. for an individual Member to be effec- (Rept. No. 105–699) on the resolution (H. (Mr. CONYERS addressed the House. tive on this topic. On the Republican Res. 522) providing for consideration of His remarks will appear hereafter in side, Members could meet with the gen- the bill (H.R. 2538) to establish a Presi- the Extensions of Remarks.) tleman from Illinois (Mr. HYDE) or the dential commission to determine the f gentleman from New York (Mr. SOLO- validity of certain land claims arising The SPEAKER pro tempore. Under a MON). out of the Treaty of Guadalupe-Hidalgo previous order of the House, the gentle- Mr. TAYLOR of Mississippi. Mr. of 1848 involving the descendants of woman from the District of Columbia Speaker, I have a further parliamen- persons who were Mexican citizens at (Ms. NORTON) is recognized for 5 min- tary inquiry. If it is the understanding the time of the Treaty, which was re- utes. of a Member that the people that the ferred to the House Calendar and or- (Ms. NORTON addressed the House. Speaker has mentioned would not be in dered to be printed. Her remarks will appear hereafter in favor of releasing the report, what re- the Extensions of Remarks.) course then would a Member, or hope- f f fully a majority of Members, have in REAPPOINTMENT AS MEMBER TO The SPEAKER pro tempore. Under a seeking these documents? THE NATIONAL SKILL STAND- previous order of the House, the gen- The SPEAKER. The Chair will not ARDS BOARD speculate on relations inside the gentleman from Minnesota (Mr. MINGE) is tleman’s party. The gentleman will The SPEAKER pro tempore. Without recognized for 5 minutes. have to discern that for himself. The objection, and pursuant to the provi- (Mr. MINGE addressed the House. His Chair will not speculate on how that sions of section 503(b)(3) of Public Law remarks will appear hereafter in the might work out. The gentleman would 103–227, the Chair announces the Extensions of Remarks.) also, as a Member, have a right to vote Speaker’s reappointment of the follow- f against a proposed rule. ing Member on the part of the House to Mr. TAYLOR of Mississippi. Mr. the National Skills Standard Board for RONALD V. DELLUMS FEDERAL Speaker, is that the sole recourse? a 4-year term: BUILDING The SPEAKER. The Chair will not Mr. William E. Weisgerber, Iona, The SPEAKER pro tempore. Under a speculate, but the gentleman may want Michigan. previous order of the House, the gentle- to sit down with the Parliamentarian There was no objection. woman from California (Ms. LEE) is and determine what other recourse he f recognized for 5 minutes. might have. Ms. LEE. Mr. Speaker, I rise today in The SPEAKER. The Chair recognizes APPOINTMENT OF MEMBER TO CO- support of H.R. 3295 which designates a the gentleman from New York (Mr. ORDINATING COUNCIL ON JUVE- Federal building in Oakland, Califor- SOLOMON), chairman of the Committee NILE JUSTICE AND DELIN- nia, as the Ronald V. Dellums Federal on Rules. QUENCY PREVENTION Building. The naming of this building Mr. SOLOMON. Mr. Speaker, I would The SPEAKER pro tempore. Without after my distinguished predecessor, say to the honorable gentleman from objection, and pursuant to the provi- Ronald V. Dellums, is truly an honor Michigan (Mr. DINGELL) and the gen- sions of section 206 of the Juvenile Jus- that many of his constituents his col- tleman from Mississippi (Mr. TAYLOR) tice and Delinquency Prevention Act of leagues and his supporters from across that there are ongoing meetings right 1974 (42 U.S.C. 5616) as amended by sec- the Nation have awaited as a mark of this minute between the staffs of the tion 2(d) of Public Law 102–586, the recognition and as a symbol of our ap- Committee on the Judiciary on both Chair announces the Speaker’s appreciation for the role that he played, sides of the aisle and the Committee on pointment of the following member on the leadership that he gave, the work Rules on both sides of the aisle to the part of the House to the Coordinat- that he did, and the spiritual uplift make a determination of how to expe- ing Council on Juvenile Justice and that he gave to the critical issues of dite this matter. And I would suggest Delinquency Prevention: our time. to any and all Members that they go to Mr. Gordon A. Martin, Roxbury, Mas- Ron, as constituents, colleagues, their respective party leaders, because sachusetts to a 2-year term. family, and friends call him, we have H7470 CONGRESSIONAL RECORD — HOUSE September 9, 1998 called him that from the time actually thought it was important to bring to lege in 1976 and 1989. It emphasizes in of his membership on the Berkeley the attention of this body maybe some- particular that race neutral admissions City Council in 1967, Ron became the thing that is not particularly associ- policy would be disastrous for Amer- focus and the leader of an ever growing ated with Labor Day, people working, ican society, reducing black percent- group of people who were hungry for but to emphasize how we can improve ages to top schools to less than 2 per- leadership on the critical issues of the this Nation. cent. late 1960s and the 1970s. These were Mr. Speaker, I live in Houston, As an illustration of what that would people, activists who were upset about Texas, near the coast, so many cele- mean, they constructed a rough profile the Vietnam war, angry about injus- brate Labor Day by going to their be- of 700 black students admitted in 1976 tices against blacks, people of color, loved Gulf waters. This past weekend a under race conscious policies. Of the women, and all those yearning to be a family from Beaumont went to those 700, 225 doctorates, 70 are now medical part of the larger America that would waters to celebrate Labor Day. The doctors, 60 are lawyers, 125 are business be moral and ethical in our domestic family of four enjoying an outing out executives, and more than 300 are civic and foreign policy. together happened to be African-Amer- leaders. Their average annual salary Ron V. Dellums, like his elder con- ican. Those family members joined on are $71,000, as reported from the New temporary, Dr. Martin Luther King, what was claimed to be a flimsy raft York Times, as I am reading from the Jr., ignited the activists for civil rights and went out into the rough waters Houston Chronicle, Wednesday, Sep- and activists for peace. For over two seeking to have a good time. tember 9, 1998. decades, this coalition provided some b 1800 Mr. Speaker, I think this puts to of the greatest political energies and rest, I hope, as we begin the debate in social and political achievements that I think there is nothing wrong with a the years to come and the future we have ever known. family having a good time. Tragically, months as we listen to the courts, This coalition propelled Ron to the the raft overturned. But I would like to looking at cases in Michigan and else- House of Representatives where as a repay tribute to Holly Shaffer, a white where around this Nation, we cannot sult of his distinguished work in the woman in Galveston. I say that for a snuff out the opportunities for African- Armed Services Committee, now the reason. For quoting from the Houston Americans, women, and other minori- Committee on National Security, he Chronicle, here are Holly Shaffer’s ties because someone believes that we was elected to the chair and later the words, have enough. ranking member of that committee. He ‘‘Shaffer said she was sitting in her pick up Because we hear comments like they was valued and loved because of the truck watching two families go in and out of are drunk and probably black when the surf when one group began struggling. role that he played on that committee She said other help might have arrived soon- people are losing their lives in the and on the floor of Congress. er, but a man she asked to call for help on rough waters off the Gulf of Mexico, I He spoke to the fears and the doubts his cellular telephone refused to do so. The think it is clear that we have a cancer regarding the war in Southeast Asia. man remarked they are black, they are prob- in this community that we need to ad- He addressed passionately the need for ably drunk, she said. He got out of his car dress. social and economic justice at home and stood there for 5 minutes, she added. I This Congress must come on the side and abroad. He also helped to forge the was seeing red by then. Holly then had to or come down on the side of affirmative annual Alternative Budget, which was run across the street to a restaurant to seek action. We must support those who be- help. Then she ran back across the street to a product of the Congressional Black get whatever she had out of her car and ran lieve in equal opportunity. Caucus and the Congressional Progres- down the rugged rocks to be able to save one The documentation by William sive Caucus. This budget was of tre- of the people who had overturned.’’ Bowen and Derek Bok are clear decid- mendous importance to his district and I say that because it is important for ing factors that suggest, without af- his national constituents because it us to uplift the goodness of America, firmative action in the 1960s and 1970s provided a necessary voice for many of and Holly Shaffer emphasizes that. and 1980s, the affirmative action would our deepest moral considerations. How tragic it is that, in 1998, on a day not have created the black middle class The people who worked with Ron, when we celebrate working Americans that now serves and contributes to who supported Ron, who became the of all hues and colors and ethnic back- America. I hope we can stand for once people also who loved Ron, value this grounds, this quote in Texas signifies on the side of equality and opportunity designation of the Ronald V. Dellums the cancer that still plagues America. and carve out the cancer of racism for Federal Building. I want to thank my That is why I think it is important to once and for all as we move into the colleagues for honoring Ronald V. Del- note and say thank you to two very 21st Century. lums by designating this building in fine scholars, William Bowen of Prince- f his name. ton University and Darek Bok of Har- A WORLDWIDE FINANCIAL CRISIS f vard University who today have presented a report that should end and si- The SPEAKER pro tempore (Mr. LABOR DAY lence forever those who want to kill af- EVERETT). Under the Speaker’s an- The SPEAKER pro tempore. Under a firmative action and civil rights in nounced policy of January 7, 1997, the previous order of the House, the gentle- America. gentleman from Texas (Mr. PAUL) is woman from Texas (Ms. JACKSON-LEE The study says affirmative action recognized for 60 minutes as the des- of Texas) is recognized for 5 minutes. created black middle class. There is no ignee of the majority leader. Ms. JACKSON-LEE of Texas. Mr. doubt, with absolute documentation, Mr. PAUL. Mr. Speaker, we are now Speaker, this week we celebrated finite research to indicate that those experiencing a worldwide financial cri- Labor Day, and I believe that it is im- African-Americans who were able to be sis. It may yet prove to be the worst in portant to acknowledge the working race-based admitted into institutions all of history. men and women of America, for it is on of higher learning, elitist institutions There have been a lot of wringing of their good and hard work, their tenac- like Yale and Harvard and Princeton in hands as to the cause, but the source of ity and determination, their apprecia- the 1970s and 1980s clearly carved out the problem is not a mystery. It is a tion for excellence and equality that the path of black middle class in Amer- currency induced crisis. this Nation was built. ica. Although tax, spending, regulatory So if I might, Mr. Speaker, let me In fact, the article goes on to say policies and special interest cronyism pay tribute to all of America’s work- that, more than their counterparts, compounds the problems, all nations of ers, men and women, single parents, and a Hispanic study will follow, those the world operate with a fiat monetary senior citizens, young people who go to individuals became civic leaders. They system. We have been operating with work every day and make this country became doctors and lawyers. They be- one for 27 years. It has allowed the fi- a better place. came active and contributors in their nancial bubble to develop. All over the Nation we celebrate community. Easy credit and artificially low inter- Labor Day in many different ways. The shape of the report draws upon est rates starts a chain reaction that, Families gather together. And I data about students who entered col- by its very nature, guarantees a future September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7471 correction. Depending on the particu- nizations and programs such as Likewise, an economy feels good by lars of fiscal and monetary policy and NAFTA, the World Trade Organization, perpetuating for as long as possible the political perceptions, the boom part of the IMF, the World Bank, foreign aid, easy credit that brought us the good the cycle lasts for unpredictable subsidized exports, and a U.N. directed times in the first place while the long lengths of time. foreign policy. Economic sanctions by life of the currency, the economy, and The later bad consequences of inflat- those professing free trade are com- the political system causes little con- ing a currency are certain, no matter monplace and growing. cern. Because there is little interest for how beneficial the earlier ones seem. Today’s protectionists rely on these the long term in Russia and East Asia, The dollar has played a major roll in programs in an effort to outwit their chaos and political strife has prevailed. the worldwide financial bubble since competitors along with demanding cur- This we cannot afford in the United the dollar is the reserve currency of rency devaluations in a futile effort to States. the world. It is readily accepted and enhance exports. Today, essentially all politicians, used to further inflate most other Markets inevitably devalue cur- economists, and investors are strongly world currencies. rencies that have been inflated by the urging the Fed to do what they do best, Noted free market economists Lud- monetary authorities. The degree de- inflate the currency, arguing that a li- wig Von Mises astutely observed in pends on the amount of previous mone- quidity crisis must be avoided at all 1940: tary inflation and political perceptions costs. All that is required, they say, but, on the short run, countries fre- are low interest rates. But this can No political party and no government has only be achieved by creating new ever tried to make a conscious deflationary quently accelerate the devaluation in a effort. The unpopularity of deflation is evi- competitive fashion in an effort to gain money even faster, and M3 is already denced by the fact that inflationists con- a competitive edge against their trad- growing at a 9 percent annualized rate. stantly talk of the evils of deflation in order ing partners. This is why China, de- This is inflation and the source of the to give their demands for inflation and credit spite the denials, will likely accept the problem. It appears the Fed is ready to expansion the appearance of justification. accommodate. policy of official devaluation. Central planning, Soviet style, is a Since we hear no talk of sound But our concerns here in the Con- known failure. But we have not yet money and we can be assured no gov- gress should be for the dollar. We given up on our type of central plan- ernment will deliberately deflate, we should not be so arrogant as to dictate should remain vigilant against the po- ning through a powerful and secretive policies to others since we have no au- central bank that dictates interest litically popular policy of inflation, the thority to do so, whether it be Japan, deliberate debasement of the currency. rates and amounts of credit available Indonesia, Mexico, or Russia. We to the system. Fine tuning and eco- Beneficiaries of easy credit demand should resist this no matter how the policy of currency inflation con- nomic management has been left to the tempting it might seem. And we cer- Fed. It is at its pinnacle of power tinue. Creating money and credit out tainly should not use dollars to prop up under, ironically, a once gold standard, of thin air gives the illusion of the per- other currencies or economies whether free market proponent, Alan Greenspan fect counterfeiter, appearing legal and it be Mexico or anyone else. who leads it. helpful to many. The power to inflate a Bailouts compound the problems and Let there be no doubt about it. The currency guarantees a lender of last re- encourages others to mismanage their good times came with the generous sort for risky borrowing, domestic and economies while expecting a bailout credit creation and low interest rates. international. It accommodates deficit for themselves from Uncle Sam. But And Greenspan will yield to the politi- spending, permitting spending on ex- most importantly, it undermines the cians’ pressure to continue the process. travagant welfare programs and unwar- value of the dollar. Turning off the money spigot and al- ranted international militarism, some- Since returning to Congress in Janu- lowing the markets to work will never thing for everyone. ary of 1997, I have repeatedly warned be seriously considered. The welfare poor like it. The welfare that our monetary policy is seriously But eventually, the markets will rich like it. The foreign welfare recipi- flawed and will eventually lead to a rule. Credit creation may lower rates ents like it. It seems everyone likes it dollar crisis. This, in spite of the fact for a time, but when confidence is un- until the artificial nature of the finan- that the dollar has been riding high in dermined, an inflation premium will cial bubble becomes apparent as it is American bonds, and up until recently emerge and rates will rise regardless. now. our stock markets have been a haven Lack of demand for loans in Indonesia Fiat money and its low interest rates for the ravaged world financial mar- and elsewhere in East Asia has not low- cause mal-investment, over capacity, kets. ered rates. In a country with a collaps- rising prices in one industry or an- Foreign Central Banks for years have ing currency, rates can and will rise es- other, excessive debt and over specula- been willing holders of our dollars, pecially if inflating the money supply tion worldwide. We have had all of this. helping to finance our profligate ways, is the tool of choice in an effort to The current system has generated a diminishing price inflation here at stimulate the economy. nearly $30 trillion derivatives market. home, by buying up more dollars than Inflating the money supply presents This is a modern day phenomenon, hav- our own central bank. But conditions a great danger to the future of the dol- ing allowed a greater speculative binge are changing. In spite of many reasons lar and the economy and our political than anything known in financial his- for capital to flow into dollars assets in system. tory. But the current prices signals an the last few years, foreign central b 1815 end of an era and it does not bode well banks have dumped $85 billion of their The worldwide financial bubble is for anyone. U.S. bond holdings. Considering our like nothing ever witnessed before and The near anarchy in Russia, the food large negative trade balance, it is not a it is collapsing. The Y2K problem will riots in Indonesia, and the growing re- surprise to see this happening. And as compound our problems, not to men- cession in Japan are signs of conditions this dumping of U.S. dollars acceler- tion the instability of the U.S. presi- spreading across the globe. Unfortu- ates, more pressure will be put on the dency. nately, there is no sign that correct dollar. It is time to consider the fundamen- policy will soon be instituted, any- What can we expect from our illus- tals underlying our financial and eco- place. trious central planners, the Federal nomic system. The welfare state is Capitalism erroneously is being Reserve? Just as difficult as it is for an unsustainable as are our worldwide blamed. No mention is made that no addict to gradually cut back on drugs, commitments to bail out everyone and country today is truly capitalist in fol- economic planners refuse to accept the to intervene in every fight, even those lowing a sound monetary policy. cutting back of credit creation the that have been ongoing for hundreds if A lot of lip service is given to free markets have become addicted to. not thousands of years. trade but, with only casual observa- Long life may be dependent on sound A limited government, designed to tion, one realizes that which is being medical advice and drug abstinence, protect liberty and provide for a na- promoted as free trade is internation- but feeling good on the short run drives tional defense is one that could be eas- alism and managed trade through orga- the addict. ily managed with minimal taxes, but it H7472 CONGRESSIONAL RECORD — HOUSE September 9, 1998 would also require that we follow the ment bonds which, through a complex series out true supervision by the Congress, advice of the founders who explicitly of steps, the banks accept in place of tan- we are derelict in our duty. admonished us not to ‘‘emit bills of gible assets and treat them as if they were It is up to us to do something. And as credit,’’ that is paper money, and to an actual deposit as the equivalent of what the crisis worsens, I believe it will be- was formerly a deposit of gold. The holder of use only silver and gold as legal tender. a government bond or of a bank deposit cre- come more apparent that our respon- We need to lay plans for our future ated by paper reserves believes that he has a sibility to look into this is quite evi- because we are rapidly approaching a valid claim on a real asset. But the fact is dent. time of crisis and chaos. We surely do there are no more claims outstanding than f not want to leave the solution to real assets. FEMA and presidential executive or- In the absence of the gold standard, there MEDICAL RED-LINING: ECONOMIC ders. is no way to protect savings from confisca- CREDENTIALS FOR PHYSICIANS Let me quote from a famous econo- tion through inflation. There is no safe store The SPEAKER pro tempore (Mr. of value. If there were, the government mist who was writing in 1966 about the would have to make its holding illegal, as EVERETT). The gentleman from Califor- Great Depression: was done in the case for gold. If everyone de- nia (Mr. CAMPBELL) is recognized for The Fed succeeded, but it nearly destroyed cided, for example, to convert all his bank the remaining time of the gentleman the economies of the world in the process. assets to silver or copper or any other good, from Texas (Mr. PAUL). The excess credit which the Fed pumped into and thereafter declined to accept checks for Mr. CAMPBELL. Mr. Speaker, Rob- the economy spilled over into the stock mar- payment for goods, bank deposits would lose ert Weinmann is a medical doctor, ket, triggering a fantastic speculative boom. their purchasing power and government-cre- president of the Union of American Belatedly, Federal Reserve officials at- ated bank credit would be worthless as a Physicians and Dentists, an independ- tempted to sop up the excess reserves and fi- claim on goods. nally succeeded in braking the boom. The financial policy of the welfare state ent labor union based in Oakland, Cali- But it was too late; by 1929 the speculative requires that there be no way for the owners fornia. He is a resident of San Jose. imbalances had become so overwhelming of wealth to protect themselves. Dr. Weinmann was kind enough to that the attempt precipitated a sharp re- This is the shabby secret of the welfare lend his support for a bill that I drafted trenching and a consequent demoralizing of statists’ tirades against gold. Deficit spend- that was heard in the Committee on business confidence. As a result, the Amer- ing is simply a scheme for the hidden confis- the Judiciary just about a month and a ican economy collapsed. cation of wealth. Gold stands in the way of Great Britain fared even worse, and rather this insidious process. It stands as a protec- half ago, and in his testimony he put than absorb the full consequences of her pre- tor of property rights. If one grasps this, one forward the argument in favor of my vious folly, she abandoned the gold standard has no difficulty in understanding the stat- bill which would create an antitrust completely in 1931, tearing asunder what re- ists’ antagonism toward the gold standard. exemption for health care professionals mained of the fabric of confidence and induc- The economist who wrote this in 1966 to present a united front when they are ing a worldwide series of bank failures. The was Alan Greenspan. He was right met with a united front on the other world economies plunged into the Great De- side by an HMO or some other inter- pression of the 1930s. then. He is wrong now. Deliberate With a logic reminiscent of a generation debasement of a currency cannot as- mediary. earlier, statists argued the gold standard was sure perpetual wealth, only hardship, Dr. Weinmann requested that I read largely to blame for the credit debacle which the type of hardship we are now wit- his op-ed on this subject personally, led to the Great Depression. If the gold nessing in East Asia and spreading and I am pleased to do so, and it is standard had not existed, they argued, Brit- around the world, moving now into from the San Francisco Examiner of ain’s abandonment of gold payments in 1931 Central and South America. And we Friday, January 12, 1996. Its title is: would not have caused the failure of banks Medical red-lining: ‘‘Economic creden- all over the world. The irony was that since here in the United States follow the 1913, we had not been on a gold standard, but same policy, and we are vulnerable no tials’’ for physicians. on what may be termed a mixed gold stand- matter how beneficial and how it ap- Credentialing for physicians, a di- ard; yet it is gold that took the blame. pears that we are doing today. mension that could be disastrous to pa- Further quoting from this economist Congress has an explicit constitu- tients, it is called ‘‘economic from 1966: tional responsibility in the area of credentialing.’’ The term refers to the But the opposition to the gold standard in money and finance, and we must as- use of economic or financial criteria to any form, from a growing number of welfare sume this responsibility. Secretive decide whether or not a doctor should state advocates, was prompted by a much plans by a central bank to manipulate have the medical staff membership or subtler insight: the realization that the gold money and credit with the pretense of privileges without which he cannot standard is incompatible with chronic deficit helping us is unacceptable, and before practice at his local hospital. spending, the hallmark of the welfare state. the trust in the dollar is lost we should Physicians document their medical Stripped of its academic jargon, the welfare work diligently to restore soundness to education and training when they state is nothing more than a mechanism by apply for hospital medical staff mem- which governments confiscate the wealth of our monetary system. Without trust, the productive members of a society to sup- the current system cannot last, and bership for the privilege of practicing port a wide variety of welfare schemes. A there is every reason to believe that and performing surgery in a hospital. substantial part of the confiscation is ef- the disintegration of trust throughout Credentialing committees in hospitals fected by taxation. But the welfare statists the world can and will spread to this make sure that physicians do not prac- were quick to recognize that if they wished country. tice in specialties in which they have to retain political power, the amount of tax- It is an obligation on our part, Mem- no training. This scrutiny of medical ation had to be limited and they had to re- bers of Congress, to look into this mat- credentials ensures that patients get sort to programs of massive deficit spending, ter, study it and at least be prepared properly trained doctors. i.e., they had to borrow money, by issuing Whereas medical credentials deter- government bonds, to finance welfare ex- for the problems that we will have to penditures on a large scale. confront. We cannot continue with the mine the expertise of physicians to Under a gold standard, the amount of cred- system that we have. That is what the evaluate their knowledge and judgment it that an economy can support is deter- markets are telling us today. The and to grant them the privilege of mined by the economy’s tangible assets, worldwide financial crisis is not a fig- practicing in a particular hospital, since every credit instrument is ultimately a ment of anybody’s imagination, it is ‘‘economic credentials’’ do not measure claim on some tangible asset. But govern- real, and we are reading about it every physicians’ expertise, knowledge or ment bonds are not backed by tangible wealth, only by the government’s promise to day and it threatens the life savings of judgment. Nonetheless, ‘‘economic cre- pay out of future tax revenues, and cannot be every single American. dentials’’ are becoming more impor- easily absorbed by the financial markets. A The value of the currency is crucial tant than medical credentials in deter- large volume of new government bonds can to protecting the assets of all retirees. mining medical staff membership or be sold to the public only at progressively This issue, I believe, is one of the most privileges. higher interest rates. Thus, government defi- serious issues that we as Members of How do ‘‘economic credentials’’ cit spending under a gold standard is se- Congress have the responsibility of work? Data retrieval is key. Let us as- verely limited. looking into and confronting and doing sume one doctor has 100 patients for The abandonment of the gold standard made it possible for the welfare statists to something about it. But as long as we whom his diagnostic tests and treat- use the banking system as a means to an un- accept the notion that the central ment costs $2,000. Let us assume an- limited expansion of credit. They have cre- planner of this country, the Federal other doctor has 100 patients and that ated paper reserves in the form of govern- Reserve, remains totally secret, with- this doctor’s prescribed diagnostic September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7473 tests and treatment cost $3,000. We can ‘‘no-cause’’ clauses, legally imposed condi- In that same year, the United States say that the cost ratio of the first doc- tions, whereby participating doctors agree District Court for the Eastern District tor is 20-to-1, whereas the cost ratio of not to discuss with patients the plan’s finan- of Pennsylvania said, ‘‘The court holds cial incentives for doctors. the second doctor is 30-to-1. Additionally, a doctor’s criticism of a that the Census Act permits the Bu- In certain managed care plans, such plan’s refusal to provide diagnostic testing reau to make statistical adjustments as health maintenance organizations, or recommended treatment may be treated to the headcount in determining the HMOs, with prepaid premiums, the doc- as corporate disloyalty and grounds for dis- population for apportionment.’’ tor with the 20-to-1 cost ratio has pref- missal. In 1993, these concepts were restated erable ‘‘economic credentials’’ in com- In the meantime, it behooves patients and by the District Court for the Eastern parison with the doctor whose ratio is doctors alike to learn how the health insur- District of New York, which said, ‘‘It is ance industry works. Otherwise, we risk no longer novel or in any sense new law 30-to-1. If the managed care plan is being red-lined out of whatever health care going to make a profit, it will do better coverage we believe we may still have. to declare that statistical adjustment with the first doctor than with the sec- This ends the editorial by Dr. Robert of the decennial census is both legal ond. So the plan gives the boot to the Weinmann in the San Francisco Exam- and constitutional.’’ Three separate district courts have second doctor and welcomes the first iner of Friday, January 12, 1996. one. ruled that the use of modern statistical f Essential to this program is knowing methods to correct the census is both how much doctors actually cost the 2000 CENSUS legal and constitutional. One district program in terms of expenses meted The SPEAKER pro tempore. Under a court has said that it is illegal and did out for patients’ medical care. These previous order of the House, the gentle- not address the constitutional issue. expenses used to be called medical woman from New York (Mrs. MALONEY) When agreement was reached last care. Now they are characterized as is recognized for 5 minutes. November to pursue the legality and losses, or expenses that rob corporate Mrs. MALONEY of New York. Mr. constitutionality of the census plans in owners or shareholders of profit. Speaker, I rise this evening to clarify the courts, all agreed that the ultimate Keeping track of this data and using the status of planning for the 2000 Cen- answer must come from the Supreme it to grant doctors membership in sus. Court. This division among the district HMOs, independent practice associa- Some of my colleagues tried to give courts, even though it is 3 to 1, simply tions, or hospitals is the backbone of the impression that the Census Bureau reinforces the wisdom of that decision. economic credentialing. Unfortunately, is pursuing an illegal course of action If we were to draw a conclusion from this backbone is spineless and without by planning for a scientific census that the district courts, the smart money soul. It doesn’t care a whit about pa- will count all Americans. Nothing would be on the side of the Census Bu- tients as people, but only about pa- could be further from the truth. reau. But that is not what we agreed tients as progenitors of cost and ex- There are three issues here: Number to, and it is irresponsible to now chas- penses. Companies want to minimize one, what have the courts said? Sec- tise the Census Bureau for continuing these costs to enhance profits. ondly, what were the terms of the down the path laid out last November. The danger is that physicians’ ‘‘eco- agreement between the administration Where do we go from here? The an- nomic credentials’’ will become more and Congress passed by the Commerce, swer is obvious. We stay the course. vital to managed care companies than Justice, State Appropriations bill last That is not what the Republican ma- their medical credentials. Court deci- November? And thirdly, what is the ap- jority is doing. Instead, they want to sions have not shot down economic propriate course of action for the fu- hold the funding for the second half of credentialing. ture? the 1999 census hostage because they In Florida, a doctor was denied mem- Last month, the District Court for fear that the Supreme Court will rule bership on a hospital staff because he the District of Columbia issued a rul- in favor of the Census Bureau. was already a heart surgery director at ing in the case of the U.S. House of The Republican majority’s fight another hospital. In other words, his Representatives v. the Department of against the census has always been an services were declined not because he Commerce. That court ruled that the issue of political survival, not one of could not measure up medically, but use of sampling in the census violates getting the most accurate count. We because he was viewed as an economic the provisions of Title 13 of the United need a scientific census, one that will competitor. States Code. count all Americans. We need to sup- In Los Angeles, a doctor was termi- If this were the first ruling on this port the professional Census Bureau nated from a health care plan based issue, this might be news, but it is not. plan. solely on a business and financial man- The fact of the matter is, three district f courts have ruled on this issue since agement analysis. The company told MANAGED CARE REFORM the doctor that, ‘‘This decision in no 1980 and all three have come to the op- way is a reflection on your perform- posite conclusion. The SPEAKER pro tempore. Under ance.’’ An inquiry has been launched to Let me read to my colleagues a few the Speaker’s announced policy of Jan- discover if medical red-lining occurred. of the other courts’ decisions so that uary 7, 1997, the gentleman from New In San Jose, a group of doctors in a we can make up our own mind about Jersey (Mr. PALLONE) is recognized for managed care organization were issued the guidance from the courts. 60 minutes as the designee of the mi- an edict telling them that coronary In 1980, the United States District nority leader. stents, a type of heart surgery, no Court for the Eastern District of Michi- Mr. PALLONE. Mr. Speaker, it is not longer would be authorized. To ensure gan said, ‘‘The words ‘actual enumera- my intention to use all the time this that the doctors took the edict to tion’ in Article 1, section 2, clause 3 do evening, but I did want to spend some heart, so to speak, they were ham- not prohibit an accurate statistical ad- time this evening to talk about man- mered with the following declaration, justment of the decennial census to ob- aged care reform. ‘‘If any charges are incurred for such tain a more accurate count.’’ Today, after having spent the last (coronary stents), the cost resulting That court went on to address Title month in their districts, Members of from such will be deducted from your 13 and said, ‘‘There is nothing con- the House returned from Congress’ an- income.’’ tained in Title 13, United States Code, nual August recess. And the month of Patients need to know that before section 195, as amended, which would August always provides Members with they join any managed care plan they suggest that the Congress was inter- an extended opportunity to hear what must make sure the plan manages to ested in terminating the Census Bu- is on their constituents’ minds. And I take care of them before it takes care reau’s practice, manifested in the 1970 just wanted to assure my colleagues of its owners. census, of adjusting the census returns that the number one issue on people’s to account for people who were not minds, at least in my district, contin- b 1830 enumerated. All that section 195 does is ues to be managed care reform. This advice will not be easy to follow. In prohibit the use of figures derived sole- I think over the last 4 weeks I held some plans, doctors operate under ‘‘gag’’ or ly by statistical techniques.’’ about 20 town meetings or forums in H7474 CONGRESSIONAL RECORD — HOUSE September 9, 1998 various municipalities in my district, access to a specialist. If in fact these countability for insurance company de- and it was the issue people were most specialists within the HMO network cisions. concerned about before we left in Au- are not adequate, for example, if the Now, let me talk a little bit about gust and it continues to be the one that HMO decides that they can see a pedia- that. What I find is a lot of people will I hear most about at town hall meet- trician but not a pediatrician that has come to my office or they will testify ings and the open houses that I have a specific type of expertise, then they at some of the hearings that we have had in my district offices. And I think have the right under the Democratic had in Congress, and they will say that it will be the major issue that people bill to go outside the network and the if the insurance company or the HMO worry about in terms of legislative ac- insurance company would have to pay denied them care and said that they tion in this Congress and that we need for that specialist that is necessary could not have a particular procedure to address the issue before this Con- even though it is not a doctor that op- or said that they had to leave the hos- gress adjourns sometime in October. erates within the HMO. pital, and they tried to appeal it, they One of the things that a lot of people The other major issue that I hear either filed a grievance or they called ask me is exactly what type of reform constantly from constituents, probably up the insurance company and said we have in mind. And I talk specifi- even more so than any other, is cov- they did not agree with their decision cally about the Patients’ Bill of erage for emergency room care. Many and would like to have it reviewed, Rights, which is the legislation that insurance policies now that come under that right now, for most people, that is myself and other Democrats put forth managed care, or HMOs, would say not really an option because the re- before the House before the August that in a given circumstance they view, if there is one, is done internally break. might have to go to an emergency by the HMO, by the insurance com- The Patients’ Bill of Rights, the room, to a hospital, that is further pany, and they simply review their own Democratic Patients’ Bill of Rights, away from where they are located, or if decision and decide that they are basically provides a number of patient they do go to the emergency room, wrong and that is the way that it is protections, if you will, for Americans they may decide afterwards that it going to be. that are in a managed care organiza- really was not an emergency, and Well, what we do in the Democratic tion, or HMO. therefore, they are not going to cover bill is, we say that there will be an ex- And just to give an example of some the care and they have to pay for it out ternal review procedure, that it will of the patient protections that we do of their own pocket. not be the insurance company that provide in the Democratic bill, most Well, what the Democratic bill says they go to if they have a grievance or important is the return of medical de- is that if the average person, it is a they want to appeal the denial of care. cision-making to patients and health standard we call a ‘‘prudent layperson’’ They get to go to an outside board that care professionals, not insurance com- standard, if the average person, the av- they do not appoint and they cannot pany bureaucrats. erage citizen, would feel that at a par- influence that will decide whether or Most of the people who have attended my town meetings or come to my dis- ticular time they need to go to an not that decision was accurate; and if trict office complain to me about the emergency room because they have a it was not, they have the power to fact that a decision about what kind of particular type of pain or they have overturn the insurance company and procedure or operation they might suffered a particular kind of injury, guarantee that the care is provided or have or whether they are able to stay then they have the ability to go to the that the care is reimbursed for and in the hospital after a particular oper- closest emergency room and the insur- paid for. In addition to that, for many people ation or particular care that they need ance company has to pay the bill. It really is common sense. Most of now, if they are in what we call an that that decision is increasingly made these patient protections, Mr. Speaker, ERISA plan, which is a plan where by the insurance company and not by are nothing more than common-sense their company that is helping pay for the doctor. The doctor may say to them, ‘‘Well, proposals that I think most Americans the insurance is self-insured and, there- I really think you should be staying in would feel that we already have. But fore, it comes under the Federal Gov- the hospital a few more days,’’ or the we do not; we do not have these guar- ernment’s review, that they may not doctor may recommend a particular antees, and we need to make these pa- have a right to sue the HMO or the medical procedure or operation and the tient protections, these guarantees, we managed care organization for dam- insurance company decides that they need to make them the law of the land. ages that are inflicted because they de- will not pay for it because they do not The other issue that comes up and nied them care. They cannot go to deem that operation medically nec- another patient protection in the court and recover for the damages that essary. Democratic bill is the right to talk occurred because they were denied a Well, it should not be the insurance freely with doctors and nurses about particular type of care. company that makes that decision. It every medical option. What we have Well, that is not right. People should should be the physician in consultation found is that many of the HMOs now be free, in my opinion, to be able to go with the patient. And that is what the will simply tell the doctor that they to court and sue the HMO, sue the Democrats are trying to do with our cannot talk to the patient about a par- managed care organization, if they Patients’ Bill of Rights, bring that de- ticular medical option, say, a particu- have been denied care and they suffered cision about what is medically nec- lar procedure or operation, if they do damages. And that is what we also say essary back to the physician and the not cover it. It is called a ‘‘gag rule.’’ in the Democratic bill, that they will patient, to the health care profes- They basically implement a gag rule have that right. sionals, not the insurance company bu- and limit what the doctor or the nurse Again, we are not talking about any- reaucrats. can say. thing that anyone should be surprised The other major patient protection That is not right. We live in a coun- about. It only makes sense that if that we provide in our Democratic bill try where we value freedom of speech, someone injures them that they should relates to access to specialists, includ- and certainly we would expect that our be able to go to court and recover for ing access to pediatric specialists for physician would be able to tell us free- their injuries. children. Many people have complained ly whether we need a particular proce- And finally, there are a number of to me that if they need a specialist, dure and what kinds of procedures or patient protections, but I wanted to sometimes a specialist is not available care are available. talk about one more that I consider within the managed care network or The Democratic bill basically guar- particularly important, and that is an that they do not feel that the person antees that there would be no gag rule end to financial incentives for doctors that they are referred to within the and that the physician or the nurse and nurses to limit the care that they managed care HMO network really has would have the right to talk freely can provide. the expertise that is necessary with re- with the patient about medical options What we find now is that many insur- gard to the care that they need. that might be necessary. ance companies, many HMOs, many And what we say in our Democratic Also, in our Democratic bill we have managed care organizations basically, bill is that they have to be guaranteed an appeals process and real legal ac- give a financial incentive to the doctor September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7475 if they limit the care that is provided, Republican plan to see a pediatric spe- There are exemptions for Health- so that, in a sense, they have an incen- cialist or certainly to have the insur- Marts. There are exemptions if the em- tive because they are getting paid ance company pay for it. ployer does not want to contract with more, for example, if they do not do as Protection of doctor/patient relation- the plan to do it; exemptions if pre- much and if they can show over a pe- ship, I talked about how one of the miums increase 1 percent. Basically, riod of time that they have not pre- most important things that people they are saying if the cost of premiums scribed or recommended certain proce- bring up to me is the need to have the go up or if the employer doesn’t want dures that may be costly. decision about what is medically nec- to have an option where you can go essary and what care is provided, that b 1845 outside the network, then you do not that decision be made by the doctor get this point of service option where Well, again, that is just the opposite and the patient and not by the insur- you can choose your doctor. So essen- of the type of incentive that we should ance company. Well, under the Repub- tially they have not provided for a have. People should feel free, if their lican bill, basically the insurance com- point of service where you can choose doctor thinks that they need care, that panies decide what is medically nec- your doctor. the doctor will recommend that the essary. The health plan can define med- Again, talking to many of my con- care be provided and not have a finan- ical necessity any way it wants and if stituents during the August break, this cial incentive not to provide it. Again, there is a review of a decision to deny was a very important point, that they our Democratic bill makes it clear that care, then the review only goes back to wanted to have that option if they that type of financial incentive to what the plan originally provided in wanted to go outside of the network limit care is not allowed and is essen- terms of what is medically necessary. and choose a doctor, even if it meant tially made illegal. So, for example, if you want a par- that they had to pay a little more. Now, I wanted to talk about what ticular type of operation and the HMO The other thing that I wanted to happened here in the House before the decides that they are not going to pay mention is, again, with regard to spe- break, before the August break. The for it, well, they decide what is medi- cialists, there are a few things that the House, of course, hastily considered a cally necessary, and if you go out and Democratic bill does that the Repub- Republican managed care bill and the try to appeal that, the court or the ap- lican bill does not do. First of all, we Democrat’s Patients’ Bill of Rights, peal board would have to say, well, allow women to choose their obstetri- which I have talked about this evening, that decision about what is medically cian or the gynecologist as a primary was essentially defeated by about 5 necessary is made by the insurance care doctor. That is not allowed under votes, very narrowly, and I believe that company. We cannot review it. the Republican plan. Again, this is im- the Republican leadership was anxious So, again, this is a major flaw. If the portant, because if your OBGYN is to get something passed so that the Re- decision about what is medically nec- your primary care doctor then that publicans would have something to essary is decided by the insurance com- person can make referrals to other spe- point to when voters raised the issue of pany essentially the patient has effec- cialists. If they are not, then you are managed care reform at town meetings tively no protection. dependent upon the general practi- and other opportunities back in our The other thing that I have not dis- tioner essentially to make those kinds districts. cussed tonight but I want to discuss, of referrals. So what I want to stress tonight is and I think is very important, is the Let me also talk about emergency that the Republican alternative to this whole idea of choice of doctors. Now, care again and how the bills differ, how Democratic Patients’ Bill of Rights we know that the basic idea with an the Republican and the Democratic that I talked about this evening really HMO or a managed care plan is that plan differ. In the Democratic plan, we is not going to do the trick. It is not the plan is limited to a network of doc- specifically say that severe pain is a going to be effective in providing pa- tors that sign up and that you are al- basis for going to the emergency room. tients with adequate protections. lowed to choose from, but what we say Like, for example, if you have severe I just wanted to spend a little time, in the Democratic plan is that we will chest pains and the average person if I could, talking about why this Re- do initially, when a patient decides would think well, that is a good enough publican plan that was passed in the what kind of health insurance to sign reason to be able to go to the emer- House, and was basically passed and up for, that they must have the option gency room that is closest to me, well, the Democratic plan was defeated, why of being able to sign up for an HMO the Republican bill does not include this Republican plan will not work ef- that allows point of service; that al- that so that essentially, again, it is up fectively to protect patients’ rights lows them to go outside the plan and to the insurance company to decide and to reform HMOs and managed care. see another doctor even if it means whether or not there was justification I do not do this in an effort to suggest they have to pay a little more. So that for you to go to the emergency room. that I am not open to alternatives that what we are saying is that you will To me, that is very important. would come from the other side and have a choice in the beginning when I do not want to have to second- come from the Republican leadership you decide what kind of health insur- guess, when I have severe chest pains, but I am concerned that if the Repub- ance to buy, you will have a choice, whether or not it is strong enough for lican bill is the one that ultimately other than a closed panel HMO. me to have to go to the emergency were to pass the Senate and go to the Right now, many employers only pro- room. I would think that the average President’s desk that it really would vide what we call a closed panel HMO. person would think if they have severe not do anything to improve the situa- In other words, you can take the HMO chest pains that they go to the emer- tion for health care for those in HMOs and they have their network of doctors gency room and they get care and it is and, in fact, might make it a lot worse and if you do not want to see one of going to be covered. That is the way it in terms of the kind of protections that those doctors, that is it. Those are the should be. Unfortunately, that is not people have. only choices you have. What we are the way it is under the plan that the I talked a little bit about access to saying in the Democratic bill is that Republican leadership brought forward specialists under the Democratic pro- initially you should be able to decide here a few weeks ago before we had the posal. The Republican bill does not en- to have the point of service option so August break. sure access to specialty care. For ex- that you can go outside the network at Now, I just wanted to talk about a ample, if a child with cancer needed to your own option if you want to pay a few other things that the Republican see a pediatric oncologist, there is no little more for a physician that is not bill does that I think ultimately cause requirement that he or she would have a part of the network. the situation even to be worse in terms access to that specialist. If the HMO Now, again, contrasting that Demo- of patient protections and health care. said, okay, we will provide a pediatri- cratic proposal with the Republicans, The Democratic bill is pure in the cian for children but we are not going what the Republicans put forward, sense that it seeks to address the issue to provide any specialists for children they have a point of service option, if of managed care reform and HMO re- beyond the basic pediatrician, then you you will, but it is so full of loopholes as form directly without adding a lot of would not have the ability under the to make it essentially meaningless. other things. When we talk about H7476 CONGRESSIONAL RECORD — HOUSE September 9, 1998 health care in the House of Representa- for. You have to pay out-of-pocket gen produced by prostate cancer. tives amongst our colleagues, Demo- from that account. TRICARE for veterans does not nec- cratic and Republican, we know that Well, it is an idea that some people essarily offer a PSA. there are a lot of issues that need to be think needs to be looked into and we Let me tell you why that is impor- addressed. For example, one of the big- do have it on an experimental basis, tant. First of all, about a month ago gest concerns I have is the fact that so but what the Republicans have done in Dr. Eisold here in the Capitol, who is many people are uninsured and have no their bill is to allow this to be ex- the attending physician, gave me my insurance. The number keeps growing. panded to cover a lot more people in annual physical. I have had an annual Others want to address the issue of the context of the managed care reform physical for the last 30 years. Every malpractice reform, because they that I have been talking about this year for 20 years in the military they think that physicians in many cases evening. demanded it as a pilot, and then, after are too liable for malpractice and that Well, once again, that is a poison pill. that, I know the importance of an an- we need to address that issue. Others That is a controversial issue, along nual physical. feel that there needs to be ways to ex- with the medical malpractice reform This time they wanted to do a pros- pand and experiment with other kinds and the expansion of ERISA, that tate check. I am over 50 years of age, of health insurance that many people needs to be debated, needs to be dis- and it should be checked every year. do not have right now. Well, all that cussed a lot more by the House of Rep- Well, they did the regular prostate makes sense and certainly are things resentatives and by the Senate. If we check, and they found nothing. There that we should look into, but what the throw that into managed care reform, was no cancer, there were no lumps, Republican bill has done, and I think it we are basically going to kill managed there were no lesions, and there was no is purposeful, is to throw a lot of these care reform and not allow it to come to metastasized area. Then the doctor looked at a blood things that are unrelated to managed the floor and really be passed and contest, which was painless, and in that care reform into their legislation, sidered in the month or so that we blood test, a PSA, which, again, is a which will make it very difficult for have left here before we adjourn. check for an antibody that prostate the legislation to move forward. So what I am asking tonight, and I cancer produces, and I had a slight ele- Now, again, we only have about a will be saying it many more times over vation in the level; not real high, but month here from today until we are the next month while we are in session, scheduled to adjourn. It is going to be just a slight elevation. is that we put partisanship aside, we Now, normally you would do the very difficult in that month to get any- put all of these other issues aside that physical check and that would be it. thing passed. So if you overlay legisla- really do not relate to managed care You would think you were cancer-free. tion dealing with managed care reform reform, and we try to get to the heart So the doctor ordered a sonogram, with all these other concerns, you are of the matter. Americans from all which takes a look at the internal as- pretty much guaranteeing that we are walks of life, no matter how poor, no pects of the prostate itself, and in that not going to address the issue. matter how rich, no matter how young, they found no tumors as well, no can- Well, what the Republican leadership no matter how old, that I have talked has done is they put in their legislation cer. So then they did an MRI through to in my district and even from other the whole pelvic region and found no medical malpractice reform. They have parts of the country feel that this issue tumors, no cancer. also said that if companies right now of HMO reform needs to be addressed Another reason I am alive today is that are self-insured and come under and needs to be addressed now. We need that the doctor, besides having a good the Federal law, under the ERISA, if a to address it before we adjourn. We health care system, besides having a group of companies want to get to- should get together and pass some- doctor that was thorough, that not gether and start their own self-insur- thing, pass the Patients’ Bill of Rights only just gave you a blood test, but he ance pool, that they also will be ex- with the patient protections that I out- read the results and was insistent upon empt from State laws and come under lined or at least something very simi- going through and analyzing all the Federal law and be under ERISA and lar to it. different aspects of the diagnosis, said also, therefore, there would not be the b 1900 ‘‘Duke, we want to perform a prostate ability to sue. biopsy.’’ Well, throwing that in, throwing in, I am just hopeful that on this first Now, I would rather fly over Hanoi again, an expansion of self-insurance day when we are back, and, of course, again than get a shot, so you can imag- and bringing it under ERISA is another there are a lot of other things on our ine, Mr. Speaker, the dismay the night sort of poison pill that takes away mind here in Congress, that we pay at- before. I imagined a needle this long from the real issue at hand, which is tention to this and try to get HMO re- that they were going to take and stick managed care reform. form approved before we adjourn some- in my prostate and take out these core So we have the medical malpractice time in October. cells. reform, we have the expansion of f When I got out to Bethesda, the doc- ERISA, and a third thing that we also tor and the clinician prepared me, and have is expansion of medical savings IMPORTANCE OF PERSONAL HEALTH CARE they said, ‘‘Duke, this is not going to accounts. Medical savings accounts be real painful.’’ And I said, ‘‘Yeah, were started on an experimental basis The SPEAKER pro tempore (Mr. right.’’ It is like sitting in a dentist’s last year when we passed the Balanced EVERETT). Under the Speaker’s an- office, and you are just waiting for that Budget Act and it is a very controver- nounced policy of January 7, 1997, the drill to hit a nerve. What it is is they sial way of basically allowing people to gentleman from California (Mr. take six core cells each time out of take money, for example, in the case of CUNNINGHAM) is recognized for 60 min- your prostate, and there is a little nee- Medicare, if you had a medical savings utes. dle with a mechanism that fires and account under Medicare, if you decide Mr. CUNNINGHAM. Mr. Speaker, in takes out a core cell. to have a very high deductible and pay a way, I am going to talk about health The first one he said it is going to out-of-pocket for most of your every care, but I am going to talk about per- sound like a cap gun goes off. So you day health care expenses, then the Fed- sonal health care. The reason is that I are sitting there waiting for this im- eral Government would give you am a prostate cancer survivor. Three mense pain to happen, and you hear money in a savings account from Medi- weeks ago I had prostate cancer and it the snap and you flinch, but there was care, from Medicare funds, rather than was removed out of my body. I would no pain, not even a prick. At that point pay for your health insurance for most like to go through the process and de- you are sitting there waiting; okay, I of the normal daily occurrences that scribe how many men and women, both have got 5 to go, I know the next one might result in your need to have with breast cancer and prostate cancer, is going to hurt. Well, they did each health care. So you basically get an ac- can have a good diagnosis. and every one of those core samples, count coming from the Federal Treas- That diagnosis is based on early de- and there was no pain. ury for you to save money as opposed tection. Many HMOs do not offer a The point I want to make is that for to getting your health insurance paid PSA, which is an indicator for an anti- the men, Mr. Speaker, if you are asked September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7477 to get a biopsy and you think it is effects just as bad as if you have a radi- prostate by inserting the nuclear. Now going to be painful, and I almost my- cal prostatectomy, which is taking out with the sonogram, they can precisely self said ‘‘Hey, you have given me a the prostate through surgery. With pick the area of where they want to go regular check for prostate, you have that, one is incontinence, in which you in and place the rods to kill the cancer given me a sonogram, you have given cannot control your urinary tract, and cells. Still, there is a percentage, you me an MRI, I don’t want to go get a bi- the second is impotence. And with the have got to get 100 percent of the cells, opsy,’’ because of the fear. radiation they said there was a high and they cannot, of course, guarantee Thank God that the doctor insisted, percentage, and I say high, about 15 to that, and there are figures and num- and I went and got it, because in two of 20 percent, that the cancer would come bers that you can check to see what the core cells of the six in the right back. the different things are. lobe they found cancer cells. There is a By having the cancer removed, espe- Another point is that the Speaker of Gleason number, and what Gleason is, cially at an early age, they said ‘‘We the House has said that we want to in- it is a number between two and ten, can go in, and instead of making an invest money in NIH for medical re- but a Gleason rate of two to ten gives cision across the stomach, we can do search. Well, Mr. Speaker, I would like the amount or the characteristic or the one called,’’ I can’t remember the to give a few figures here. This is a aggressiveness of the cancer. A Gleason name of it right now, I will think of it chart that shows prostate cancer ten is the highest. For example, a Glea- in a minute. But it is down in the lower issues, and they need your support. son of eight to ten, I have read, and area instead of across the stomach. This is from the surgeons. The message you become an automatic expert on ‘‘By that way, we can go in and remove is that prostate cancer is the leading this and you read as much as you can, the prostate. We will not have to cut a cancer diagnosed and second leading you have about five years until the bunch of nerves, we won’t have to cut cause of cancer-related deaths in cancer metastasizes, which means it blood vessels, and most of your func- American men. The second-leading spreads into the bladder area or into tions, all of your functions, can be nor- cause of deaths of American men is other areas, into the lymph nodes and mal after this, if we do it early and we prostate cancer. so on. do it right.’’ Per diagnosed case, research for pros- Originally the doctor told me, Duke, So rather than sit with myself and tate cancer is one of the least funded you can probably go to eight to ten make a decision that there is a 20 per- priorities. I would like to submit this years, because my Gleason rate was so cent chance that the cancer may re- chart, Mr. Speaker, because on this low, and not have a problem, or at turn, my election and my family’s elec- chart you can see way down here in the least have the symptoms, because the tion was we did not want me to sit bottom, $450 million, where breast can- symptom is when you actually get a there for the next eight to ten years cer is funded at $2.3 billion, and AIDS tumor and the tumor presses on the and think maybe I have a time bomb is funded at $23 billion. Now, what are urethrae in the GI tract, and it presses inside of me and this could come back. the mortality rates in this? If you and you have urinary problems. By Plus if you have radiation surgery, it is look, AIDS accounts for 44,000 deaths that time, the tumor has spread and more difficult to do actual surgery be- in the United States, 44,000 deaths in there is a big problem. By that time, it cause of the tissue damage on the in- the United States per year. Breast can- can metastasize, go to other areas, and ternal organs. At the same time, we cer is 43,900, almost 44,000. Prostate the prognosis is not good. But the doc- made the decision to go ahead and have cancer, 42,000 men will die of cancer tor, because of the low Gleason rate, the surgery. every single year in the United States. because they only found cells, they Now, there are alternative methods, Over 250,000 men in the United States found no tumors whatsoever, said, Mr. Speaker, and this the reason I am will be diagnosed with prostate cancer, ‘‘Duke, I am going to go through the encouraging both men and women to yet the proportion of funding is so low cycle with you and I am going to give have their yearly checks. Because of that cancer research is not carried out every option there is.’’ the research that we have, if you catch in a degree in prostate cancer, but yet Next comes, I think, Mr. Speaker, it early, either with breast cancer or it is second only to AIDS and breast probably the most important phase of prostate cancer, the success rate can be cancer. That is a disaster, and we need cancer. My family flew back here and very, very high, up to 95 percent. to change that. were very supportive. We made the de- The doctor also told me that women PROSTATE CANCER ISSUES NEED YOUR cisions together. I told my wife, I said, quite often will do the self-examina- SUPPORT ‘‘Honey, it was like the time when I tion or breast check. They will have a DID YOU KNOW was shot down in Vietnam just south of doctor check it, they do the mammo- Prostate cancer is the leading cancer diag- Hanoi, and coming down in a parachute grams, blood tests and throughout, but nosed and the second leading cause of cancer thinking I was going to be a prisoner or in the self-check, that they will quite related deaths in American men. die, hanging in a parachute, the often find a lump and not do anything Per diagnosed case, research for prostate thought, it is always the other guy about it because they are afraid to see cancer is one of the least funded priorities at that gets shot down; it is not you. It the doctor to find out what the results the National Institutes of Health (NIH). does not happen to Duke are, the fear. By the time that they go Medicare does not reimburse for all FDA to the doctor because there are other approved prostate cancer treatments, such Cunningham.’’ But it did. And when a as oral hormonal therapies. doctor looks you in the face and says, problems, complications, then the WHAT YOU CAN DO? ‘‘Duke, I have got bad news; you’ve got prognosis is not good, and it will be a cancer,’’ the first reaction I had was mastectomy or even death. And the The American Foundation for Urologic Disease is dedicated to increasing awareness no, it is impossible. That does not hap- doctor said, ‘‘Duke, what you can do is and research funding for the urologic dis- pen to Duke Cunningham. It is about get out the word for early checks and eases and disorders through various state all those other people that you read have men and women do the self- and national advocacy efforts. You can help about that have cancer, or have diabe- checks and get the word early.’’ ensure that prostate cancer issues get the at- tes, or have that, but it cannot happen But some of the research, they even tention they deserve in Congress by contact- to me. have cryogenics, where they can take ing your state and national legislators by: The doctor looked and said ‘‘Duke, the prostate and insert a tube that ba- Meeting with them in their local offices; in- you do have cancer. The good news is sically freezes the prostate. It looks re- viting them to address your local support warding. All the numbers are not out group and other organizations; writing and we think we have it early and that the calling their local and national offices. prognosis should be very good.’’ on that. He went through the different steps. They also for quite a few years have THE MESSAGE Radiation is one of those. With radi- been able to implant nuclear rods with- Prostate cancer is the leading cancer ation they actually can focus the radi- in the prostate itself. Now, that did not threat to American men. Estimates show that in 1997, 210,000 men will be diagnosed ation almost pinpoint now because of sound too neat, but it is not that big, with it and 41,800 men will die from it. Fed- the increased techniques that they I guess. But before, they did not have eral research allocations for prostate cancer have, but, still, the radiation treat- guidance control, so that many of the must appropriately reflect the incidence and ment that you can have can cause side surrounding areas were damaged in the mortality of the disease. H7478 CONGRESSIONAL RECORD — HOUSE September 9, 1998 GOOD NEWS people on the floor in both bodies do what I can to make other families, Through increased advocacy efforts, $45 would recognize, his name is Len Daw- assure that other families are aware of million was allocated to prostate cancer re- son. He is a member of the NFL Hall of prostate cancer and its early warning search through the Department of Defense Fame, a quarterback, now a broad- signs. (DOD) in 1996 and 1997. This money will fund caster fine-tuning his golf game. You In addition to hosting the HBO show 1998 and 1999 prostate cancer research can watch him at different times. But ‘‘Inside the NFL,’’ Len Dawson is a projects, as approved by the DOD. he puts out a program called ‘‘Keep sportscaster with KMBC-TV in Kansas 1997 INCIDENCE Your Health up to Par.’’ Len Dawson City, Missouri, and in 1998 he will be Prostate Cancer—210,000. and Chi Chi Rodriguez, a very famous taking time out of his broadcasting du- Breast Cancer—180,200. AIDS—66,000. golfer, go about, along with Arnold ties to hold a series of town meetings Palmer, and talk about some of the addressing the public on prostate 1997 MORTALITY same very things that I am talking health and prostate cancer matters. Prostate Cancer—41,800. Now, if one wants, I do not know if it Breast Cancer—43,900. about here tonight. is legal to give out numbers on this, AIDS—44,000. b 1915 but it is a nonprofit, and it is 1–800–319– 1997 NIH RESEARCH ALLOCATIONS Len and his wife, Linda, do not know 8633, Len Dawson Hall of Fame on pros- AIDS—$23 billion. much about prostate cancer, did not tate cancer. Breast Cancer—$2.3 billion. know, until he was diagnosed in 1992. It Prostate Cancer—$450 million. Another legend that is speaking out began when Linda read an article about that was stricken with prostate cancer Mortality—Cost per incidence a former U.S. Senator, Bob Dole, and is legend Arnold Palmer, who is again AIDS—$34,090. his own battle with prostate cancer. Breast Cancer—$9,328. living proof that prostate cancer can be Prostate Cancer—$2,263. Mr. Speaker, the day that I found out defeated. In January 1997 Palmer un- that I had cancer I called Senator Dole CONTACT CONGRESSIONAL LEADERSHIP derwent surgery for prostate cancer. and he sat down and talked to me and Fortunately, his cancer was diagnosed The Honorable Ted Stevens, The United went through the different options just States Senate, Washington, D.C. 20510, tele- before it spread outside the prostate phone: 202–224–3004, fax: 202–224–2354. like the doctor did. Find a friend if you gland. By April of that same year, he The Honorable Dick Armey, U.S. House of are diagnosed. Get a message. Talk to was back on the golf course, and many Representatives, Washington, D.C. 20515, the Cancer Society. of us have seen he is hitting the ball telephone: 202–225–7772. But, in the same edition of the paper, better than anyone can do. The Honorable Trent Lott, The United she saw an advertisement about a local For 18 months before Palmer’s cancer States Senate, Washington, D.C. 20510, tele- prostate cancer screening and imme- was diagnosed, he and his doctor were phone: 202–224–6253. diately made Len, that is kind of like on alert. Palmer’s regular checkups in- The Honorable Newt Gingrich, U.S. House most of our wives, made Len an ap- of Representatives, Washington, D.C. 20515, dicated an elevated level of Prostate- telephone: 202–225–4501, fax: 202–225–4656. pointment. Len was reluctant, since 6 Specific Antigen, or PSA, again a pro- The Honorable Bob Livingston, U.S. House months earlier he had an annual check- tein in the blood that can indicate; of Representatives, Washington, D.C. 20515, up and received a clean bill of health, can, not necessarily does, but can indi- telephone: 202–225–3015, fax: 202–225–0739. including a prostate check, just like I cate prostate cancer. BY THE NUMBERS—PROSTATE CANCER IN had, and he walked out thinking that So there is another area in which the AMERICA he was cancer-free. At the screening, doctors, besides having radiation, be- 209,000—The number of American men who the physician found the results were sides having tubes put into someone, were diagnosed with prostate cancer in 1997. abnormal and ordered further tests and whether it is cryogenics or even re- 41,800—The number of American men who a biopsy. moval, there is a phase, if your Gleason died of prostate cancer in 1997. Now, with the PSA, the PSA is only rate is very low, between 2 and 10 is the 20%—The percentage of all non-skin cancer an indicator. One can actually have a cases that are of the prostate. highest, probably between 2 and 5, 3.6%—The percentage of all federal cancer swollen or an enlarged prostate gland quite often they will set in a monitor research funding dedicated to prostate can- and one can get an increase in PSA and see how the disease is progressing. cer research. numbers, or there is different kinds of ‘‘I would not call what I was feeling $250 million—The amount of promising infections that can cause the same afraid or fear,’’ Palmer said. ‘‘I would prostate cancer research that was not con- thing that can be treated with just say that I had some very serious conducted in 1997 due to lack of funding. antibiotics. It is not necessarily can- cerns about my health. Frightened, no, The Speaker has talked about put- cer. Do not be afraid if your doctor said but very concerned, yes.’’ ting more funds into NIH, and we have you have an elevated PSA that it is Palmer joined the ranks of profes- every year, because he feels that is one automatically cancer, because in most sional golf in 1954 and over the years he of the areas, even though I believe in cases, it is not. But the biopsy is the earned over 92 championships, includ- states’ rights, where individual states final act in which it is determined. ing Master’s titles, 2 British Opens, 1 cannot conduct the research that we Lucky for Len, his cancer was caught U.S. Open, to go along with 61 PGA need in all of the diseases. early, like mine. He was treated with a tour victories. His popularity and suc- For example, diabetes takes up about prostatectomy, a radical prostatec- cess led to the formation of Arnie’s 23 to 27 percent of the Medicare bill. tomy and today lives a normal life. By Army, a large audience of adoring fans Yet just by early detection of diabetes Dole speaking out about his own expe- who follow him to each tournament. As we can save over two-thirds of the rience and Linda’s persistence, Len’s a survivor, Palmer is a great advocate blindness, two-thirds of the amputa- cancer was able to be treated. Len of prostate cancer awareness and early tions, two-thirds of the removal of kid- Dawson said, I want to let every man detection. neys, and you can imagine what kidney know that something as easy as going Because of these men, and I got a dialysis costs and the quality of living to the doctor regularly can actually phone call from some of these gentle- costs of different people. So it is a dis- save your life; I am living proof. And men and they asked, Duke, would you aster. Len Dawson, I would like to say that I do what you can to spread the word. If I would like to submit this chart, Mr. am too. you or someone you love is a male over Speaker, because it is very, very im- In 1995 he was again affected by this 50 years of age, this year it is again es- portant, the low cost and low funding, disease when his older brother Ron was timated a large number of men, over and one of the messages is that we diagnosed with an advanced stage of 200,000 men, will be diagnosed with want to increase the cost not only prostate cancer. Unfortunately, Ron prostate cancer. And one of the things across the board for prostate cancer, had not had a checkup in many years that one can do is just as simple as but for breast cancer, for diabetes and and died that same year. In 1997, Len going to your doctor. the others as well, and have a more eq- learned that another brother, Gilbert, One of the things I think that we uitable funding for prostate cancer. was diagnosed with prostate cancer. It need to look into, though, is again, in Why is this important? Well, there is has been a dramatic impact on my fam- both the bills, the Republican and a very famous guy that I think most ily, Dawson said. I am determined to Democrat bill for health care, there is September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7479 different areas that are not covered in It talks about a catheter that is a Africa. But yet African-Americans, at each, and one of those is again that pain to have. If one has ever had to even a much younger age, contact and Medicare does not pay for some of have one, you have to leave it in there have a higher incidence, not only inci- these things. 2 to 3 weeks, and I want to say, that dence, but have a higher mortality For example, I had a gentleman call was the worst part of this whole thing rate. My first thought was that well, me and write and say, let me see if I is having a catheter and having to maybe it is because many African- can find it here, his letter, I had it manage this whole thing. When you Americans are poor and they do not right here. Here it is. I hear that Medi- roll over I guarantee it will let you have the health care facilities. But this care will be limiting the PSA test to know that it is there. was a study done across-the-board with one per year, and Medicare, to cover My wife told me, kind of being funny, equal health care systems. one screening per year for Medicare-el- she said honey, with your surgery, re- b 1930 igible men beginning January 1, 2000. member when we had our 2 children? This is purely a screening tool, not in- Remember a little operation called the Mr. Speaker, some of these studies, tended to be a treatment regime. How- episiotomy. She said, do you under- this is another reason why we need ever, if a doctor orders a screening as stand now? I looked at her seriously more money in prostate cancer re- part of the diagnosis; for example, if and said, I understand. And men quite search is the fact that they say that a one has a PSA that is high and one often do not understand what women lot of it can be or they suspect a lot of does not have the surgery, or even go through in childbirth or in different it is diet, in the foods available to dif- after one has the surgery and one operations. And if one wants to get a ferent people. If you did not have very wants another PSA, the reason is to quick illustration of what that means, much money in the household and limit the number of tests, but Medicare then that is it. what you feed your family, you do not will pay for it if the doctor takes it as Mr. GANSKE. Mr. Speaker, will the have salads, good nutrition, fish, the a course of action as a diagnosis and gentleman yield? olive oil, instead of some of the other needed, and then Medicare will pay for Mr. CUNNINGHAM. I yield to the things that can cause prostate cancer, it. gentleman from Iowa. then maybe diet is very important, and Mr. Augman’s question, who lives in Mr. GANSKE. Mr. Speaker, I just we can change that. San Diego, was, he says, I would be want to commend the gentleman for Mr. Speaker, I yield to the gentleman willing to pay for a PSA test out of my coming to the floor and speaking from from Maryland (Mr. CUMMINGS). own funds, but the law prohibits any personal experience about his illness Mr. CUMMINGS. Mr. Speaker, I want doctor or medical lab from accepting with prostate cancer and his treat- to thank the gentleman for yielding to fee-for-service for Medicare patients on ment. I think all of our colleagues me, and for raising this issue. I was lis- procedures covered by Medicare. should be listening to this. There are a tening to the gentleman, and I just Now, this is an application that lot of people who tune into C-SPAN wanted to add a few things. many of us vehemently do not like and watch the Special Orders on the I represent the Seventh Congres- within the Medicare bill. It was not floor. I think the gentleman has given sional District of Maryland, which is placed in there by us, but what it does, an awful lot of good information to basically Baltimore city. Of course, we it limits, if one has cash and one wants are predominantly an African Amer- to go to a doctor that accepts Medi- people around the country today, and I just want to commend the gentleman ican district. One of the things that care, one cannot pay that doctor for has been at the forefront of my agenda that particular check. I personally for drawing attention to this second most common cancer in men. is dealing with prostate cancer, be- think that is wrong. And the response cause it is not unusual for me to go to to Mr. Augman is, that is correct. When I was in medical school it was the bank, for example, on weekends, Medicare patients cannot pay for serv- taught that if a man lived long enough, and run into African American men, as ices out of their own pockets unless the his chances of developing prostate can- the gentleman just talked about, who doctor has a contract not to bill Medi- cer were very high, but as the gen- either are about to go through some care for 2 years, and again, many of us tleman pointed out, there are many type of procedure for prostate cancer, feel that that is wrong. different types of treatment for pros- However, if he and his doctors would tate cancer, and after treatment, or who have been diagnosed recently, like an additional PSA test, he can get many, many men can expect to live out or have had the procedure. the test and bill Medicare. Should normal life-spans. I just wanted to thank the gentleman Medicare deny to pay, he can pay out So I consider the gentleman’s com- for raising the issue. A lot of this is of his own pocket. This requires some mentary today a real public service, about early detection, as I heard the additional paperwork, but it can be and I commend the gentleman for shar- gentleman talk about it a little earlier. done. If he would like assistance, ing his experiences with us. Certainly we have in our district, in please have him contact me at 202–225– Mr. CUNNINGHAM. Mr. Speaker, I my district, Johns Hopkins Hospital, 5452. That is my office. thank the gentleman. I am a survivor, and we have some of the finest physi- There are many things about pros- and I am a very, very fortunate sur- cians in the area of dealing with prostate cancer. I was in the hospital for vivor. By early detection, by having a tate cancer. I just wanted to thank the just about 2 days, and I had Robert good health care system, by having a gentleman, to take a moment to thank Hitchcock, he is a playwright that doctor that is demanding, that you go the gentleman for raising this issue, lives in San Diego and he sent me this through with all of the tests to check; because it is a very, very important book, Mr. Speaker. It is the only one I by having a good surgeon and catching issue. have, so I cannot submit it for the it early, one can also eliminate many I see so many African American men RECORD, but I can give the number of the side effects that normally go who die, and if they had only gotten where it can be found, and I do not get with radical prostatectomy, and that is the appropriate detection types of ex- a cut out of it. But it is a good book, such things as impotence and another aminations and whatever. A lot of it, I and it is called ‘‘Love, Sex, and PSA.’’ is incontinence. And I tell my col- think, does go to diet. Dr. Schwartz of It is just about everything that one leagues, those 2 things in every day life Johns Hopkins has often talked about would want to know about prostate are very, very important. that. I think we could save a lot of cancer. From the phone call to the re- I would like to say too, to the Afri- lives there. I just wanted to again ex- search network that one can call if one can-Americans that are listening to- press my appreciation. thinks they have prostate cancer, or night, Mr. Speaker, that African-Amer- Mr. CUNNINGHAM. Mr. Speaker, as I different areas, different operation icans have a much higher incidence of said, at an age over 50 years of age, ev- techniques, and it talks about some of prostate cancer. It was interesting. The eryone should have an annual check the problems that one may encounter. doctor said that those that can be with a PSA, with the diagnosis and the And in the book, his wife speaks on the traced with bloodlines directly back to different checks. But for African Amer- problem from the female side or the Africa have a lower incidence of pros- icans, the doctor recommended it at spouse side of how the family can get tate cancer than those that do not have least when you are 45 years of age, be- involved, and it is a great book. bloodlines that relate directly back to cause there is a higher incidence. There H7480 CONGRESSIONAL RECORD — HOUSE September 9, 1998 is a higher instance of mortality and a every city has these support groups. I our schools for technology, to bring higher incidence of younger males would encourage each and every indi- them up to the point where they can coming down with prostate cancer. vidual to check in, especially if they train young people for jobs that do I also learned that males can have are diagnosed with cancer. Again, one exist. There is still a need for increas- breast cancer as well, so it is not just of the worst things that you can have ing the minimum wage. the prostate check or the genital happen to you is the doctor look you in There are a lot of things that mean a check, but the complete check-up and the face and say, ma’am, or sir, you lot to ordinary people, and we should an annual physical is very helpful. have cancer, and it is almost over- not put them in the deep freeze in The doctor also pointed out to me whelming in the impact that has on order to spend all of our time on the that Asian Americans have a very low your life. one issue of the President’s private life incidence of cancer. Again, the studies Through early detection, over 95 per- and the Ken Starr report. are important for prostate cancer be- cent of prostate cancer victims can be I have been asked a couple of times cause they think, again, generally the saved with good mortality rates. All of today why the black community so sol- Asian population eats the more the things that people dread, like im- idly supports the President. In poll healthy foods: A lot of fish, salmon, potence, I will say, that is a big factor, after poll, no matter how you ask the rice, the things that are not high in the and incontinence, all of those things question, whether you are talking different kinds of oils. Olive oil is sup- with early detection can be changed about the job performance of the Presi- posed to be a good one. and saved. Even if they are not, the dent or his personal life or any other I went to my check-up after 3 weeks techniques they have today can bring matter related to the President, you out of surgery this morning, and I saw about full, meaningful life for married generally get a high approval rate in Dr. Christensen, who is my surgeon and or unmarried men and women in this. the African American community. a great doctor. I pointed out these dif- Mr. Speaker, I would just like to Certainly I think one of the reasons ferent foods. I said, how much is there close by saying each man and each for that, and I do not pretend to know to diet in cancer? He said, DUKE, there woman, whether it is breast cancer, all of the answers, one of the reasons are actually certain foods that cause whether it is diabetes or prostate can- for that is because we are oriented toward the issues and the problems, and cancer cells to replicate faster. For ex- cer, we need to support the funds for we would like to see the problems and ample, your soy oils and your different the research, because we are so close in the issues dealt with. We would like to safflower and all of those kinds of oils, the biotech industries to finding out see some of the problems solved and re- there have been studies to show that the answers. solved. they actually cause the cancer to mul- I would also say that the money for Additional polls of African American tiply faster. Olive oil, however, is low prostate cancer is so low, but yet it is parents in big cities have shown that in a certain chemical, and so are toma- the second leading cause in men’s large numbers of African American toes. As a matter of fact, cooked toma- death, and in African American deaths parents are now supporting vouchers toes allow that particular chemical to it is one of the highest and leading for education as an alternative to the get into your system that actually causes, second only to AIDs. public school system. I think that the kills cancer cells. Regular tomatoes f two kinds of responses are related; that are good, but he said cooked tomatoes the large numbers of African American allow that substance to break down. PRESSING ISSUES THAT STILL parents supporting the vouchers in the It also says here about coffee. I drink FACE CONGRESS school system, it is evidence of a kind 3 or 4 cups of coffee a day. Maybe that The SPEAKER pro tempore. Under of desperation, a kind of fatalism that is the reason I got it in the first place. the Speaker’s announced policy of Jan- has set in, that they do not believe But I thought the response was good uary 7, 1997, the gentleman from New anything is going to change in the pub- from Dr. Christensen, who had a cup of York (Mr. OWENS) is recognized for 60 lic school system. They do not think coffee in his hand, with all the other minutes. the supporters are there among elected surgeons sitting there with cups of cof- Mr. OWENS. Mr. Speaker, we just re- officials. fee. Oh, he said oh, no, it cannot be cof- turned to Congress from a recess. We In New York City we had a surplus of fee, because we are not giving it up. I have 5 weeks of working time left, un- nearly $2 billion in the budget, and not am not telling people to give up all the less there is some extended Congress a penny was spent to deal with the things they like in life, but at least before the election. I doubt that very pressing problems of school construc- with moderation, they could take a seriously. tion, including removal of coal-burning look at how these things affect their I also have heard the news today that furnaces. At the same time, in New life. the Ken Starr report has been delivered York State they had a similar $2 bil- As a matter of fact, in this book to the House of Representatives, and a lion surplus, and the Governor turned there is a number that you can order. I process is going forward by which the down a legislative request or vetoed a would recommend that Members get Committee on Rules will determine legislative request for $500 million for this book if they have any doubts. what will happen to that report and school construction. What I will do is give my number, at how it could be handled. I am sure that So wherever parents in inner city 202–225–5452. If Members want to call is going to absorb a large part of our communities look for some relief from my office, I will get the number where time. the conditions, it appears that govern- they can get this book that tells al- There are items on the agenda that ment officials are not interested, or most everything that one wants to have been on the agenda all year long have decided to deliberately abandon know about prostate cancer, because I and all during this session of Congress or ignore the needs of children in our cannot find the number within the that I hope will not get lost. I think it inner city schools. We are talking book here. is very important that the American about millions of children. There are other areas: the National people, in their commonsense wisdom, The same conditions that exist in the Institutes for Health, the Cancer Re- understand that there is no need for us crowded New York City schools exist in search Society. If you call, in every to suddenly go on holiday with respect many other big cities. Children are State there is a cancer support group. to the pressing issues that face the forced to eat lunch at 10 o’clock be- In every State there are groups that Congress. cause there are so many, they have to meet, groups of cancer patients. I went There are still overcrowded schools, have a relay in the cafeteria, and they to one this last weekend. It was very schools with coal-burning furnaces. have to start early in order to get good. Dr. Barken in San Diego has a There is still a need for some kind of three or four teams in, three or four cancer group. As a matter of fact, there relief from every area of government, sessions in the cafeteria where young- is going to be a cancer awareness, actu- including the Federal Government, for sters eat. Coal-burning furnaces are ally, by Israel Barken, M.D., President school construction in our big cities. definitely a threat to every child’s of the Prostate Cancer Education and There is still a need to have money to health who sits in the school, because Research Foundation, in San Diego, lower the ratio of students to teachers. the dust that you do not see is still get- California. Every State and almost There is still a need for the wiring of ting into the lungs of young children. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7481 Things that bad are not being ad- For those who continue to expand done. I am hoping that the common dressed by our elected officials at var- their detailed probe and to pass judg- sense of the American people will send ious levels. ment through the prism of their hypo- a message to this Congress and send a The despair about change relates to critical, Victorian values, we concede message to the commentators and the the support for President Clinton. The their right to wallow in their Peyton reporters, the media, and the press. one person who has articulated and set Place preoccupations. There is, how- They have driven this thing very hard. forth a program which would address ever, a profound difference between They have looked at the response of these issues, if he had the cooperation crimes and sins. the American people and decided they of the Republican-controlled Congress, It is of utmost importance that we will not accept it, that they are going is President Clinton. acknowledge and support the spirit of to change it. So the press and the Across the board, when affirmative our Constitution which discourages the media have become a force for chang- action was threatened, and hysterical state from investigating private moral- ing people’s minds. They are going to forces surrounding the President were ity and affirms the right of every make us believe that this is the most counseling him to abandon affirmative American, even the President, to sepa- important issue in the world. action, it was President Clinton who rately negotiate his sins with his God. One reporter, one veteran reporter came up with the statement and the This intrusion on the President’s pri- who covers the White House, said this strategy that we should mend affirma- vate life bodes ill for the future. Every is the most important story because it tive action and not end it. politician is fair game. It bodes ill for is a human story. There are a lot of In very serious matters that affect ordinary people if government at this human stories. Jerry Springer has a lot peoples’ lives, including the minimum level is allowed to move in a way which of human stories on every day. Pulp wage, which does not cost the govern- really knocks down the separation of magazines are full of human stories. If ment anything, an increase in the min- church and state, because the church, we are going to consider human stories imum wage would not cost the govern- the religious institutions are respon- to be stories about sex, then there are ment anything, the President supports sible for private morality and for sin. many of those human stories. an increase in the minimum wage. If we are going to invade that domain I do not think the intimate sex lives Most of the people in my district would and become the arbiters of who is sin- of human beings are particularly the appreciate very much the government ful, who has done what wrong, and who kinds of things that define human taking that step, which will not cost should be punished, then we are on our beings. Animals of all kinds have sex. the government anything, but recog- way to something similar to the Why does the human story have to be nizes that the prosperity that we enjoy Taleban government in Afghanistan. related to a sexual relationship? Why should be shared. The extreme of what we are doing now can the human story not be about the We could pull up a very good list of can be seen in the way the Taleban be- fact that the human beings in Northern concrete reasons why African Amer- have. You get on that course of giving Ireland cheered the President as a ican people, who the large majority of government the power to interfere, to hero? They cheered the President as a them are poor, or poor people in gen- regulate, to get into the minute details hero because they have faced life-and- eral, support this President. We want of individual lives and determine who death issues. They have faced life and to see a focus on the duties and func- is sinning and who is not, then we can death. They have died. They know this tions of government, that government get into a situation where a govern- President went out of his way, an un- has certain duties and functions, and ment like the Taleban government is common procedure of an American we would like to see a decrease in the justified. They determine. They decide President, and became intimately in- obsession with the private life of the women should not only cover them- volved in the negotiating of the peace President. selves in public; they should not go out that Senator Mitchell brokered, that I issued a statement this afternoon in public too much. They determine led to the present situation. to get on the record, since I see a lot of that women in Afghanistan could no They know this President has been people want to get on the record, and I longer hold positions of any kind in the intimately involved in a life-and-death suppose it would be prudent to back government. They determined all that matter and lives will be saved, impor- out now, since the Starr report is here, on the basis of their concept of what is tant things are going to happen as a re- and wait and see what the Starr report moral. The government and the reli- sult of his intervention. They under- has to say, but I choose not to do that. gion are one. stand what President Clinton meant I very strongly feel that government That is the way we are headed in a when he called this Nation an ‘‘Indis- has invaded an area of individual pri- country which prides itself on separa- pensable Nation.’’ And I think the vacy here, and some of us should mar- tion of church and state. Why is the President in certain situations has shall all of the energy and resources at state spending millions of dollars in seen himself as the indispensable per- our command to fight this kind of in- order to pursue what is probably some- son to make things happen. In the case trusion by government, because if they one’s sin? Not probably; we have of Northern Ireland, this was the case. can do it to a President, there is no reached the point where the President In the case of the rescue of Haiti other individual in this Nation who is has admitted, apologized, et cetera. It from a bloodthirsty, armed occupation not also subject to that kind of intru- is a fact. A sin was committed in ac- by its own army where people counted sion into their private life. cordance with the standards of this Na- bodies every morning when they came tion and the standards of the President out to go to work, the President, b 1945 himself. So sin is what we are talking against public opinion, public opinion The statement I issued sums it all up about. Where are the high crimes and was running two to one against inter- for me: As a Member of Congress, I am misdemeanors? Where is the bribery or vention in Haiti, on the floor of the sorry that there is an escalating treason or anything of that kind? Congress two-thirds of the Members of hysteria that may lead to the religious I would like to certainly see the Congress were against intervention, lynching of a great President. Presi- Starr report as soon as it is available but the President made a decision and dent Clinton has gone farther than he to Members of the House. I certainly he freed the people of Haiti. He took should have been asked to go in offer- will read it and I will be looking for a the bloody yoke off of Haiti. That leg- ing a public statement about his inti- statement on bribery, treason, or high acy will stand. As a result of his ac- mate personal life. In view of the fact crimes and misdemeanors. Where is it tions in Haiti, the President, I think, that absolutely no one has charged in that Starr report? Why are we even found himself and understood the kinds that a national security issue is in- going to bother with the report if it of decisions he would have to make in volved in this matter, all further gov- does not contain charges of bribery, the future. ernment inquiries should be dropped. treason, or high crimes and mis- It was possible, because he made a The Nation has in no way been placed demeanors? definite, right decision in Haiti, it was at risk. Certainly nothing took place I think that in 5 weeks it is expected possible for him to follow through in which touched on bribery, treason, or that the President will become para- the case of Bosnia and Yugoslavia and high crimes and misdemeanors. lyzed, that nothing of substance will be make similar decisions. The public H7482 CONGRESSIONAL RECORD — HOUSE September 9, 1998 opinion polls were running two to one charged, the pressure was there. The body tried to tarnish George Washing- against intervention in Bosnia, inter- story was there. The Chief Justice of ton, was smearing George Washington vention in the whole Yugoslavia-Ser- the United States Supreme Court, who in order to protect Bill Clinton. I do bia-Croatia situation. But the Presi- was a distant relative of Jefferson’s not think it is a smear of George Wash- dent felt that we were the indispen- and did not like him, he chimed in ington to point out that there was at sable nation, the indispensable element until one of the newspapers stated that least one factual account of an extra- that had to become involved, and he the Chief Justice had several children marital relationship and rumors and made that decision. by slave mistresses also, and then he some historians talk about other The children dying while they were backed away. things. Remember, this is a George running to go to the well, all the hor- But it was a big scandal. I am not Washington who refused to be crowned ror stories that we saw in connection going to go into much greater detail. It the king. This is the George Washing- with Sarajevo, the genocidal death just so happened that there is a very ton who would not run for a third term. interesting ending. The woman, Sally pits, all of that would be going on still b 2000 if it had not been for the fact that this Hemings, who was supposed to be Jef- President made a decision that as an ferson’s mistress, stayed at Monticello Nobody can take away from George indispensable nation and as the indis- when Jefferson left the presidency. She Washington the nobility and the great- pensable leader at this point that he stayed for 30 years. Sally Hemings and ness of those kinds of actions regard- was going to take action, and he led us the President were in the same house. less of what the historians pinpoint. into Bosnia. Only Sally Hemings was ever fingered Franklin Delano Roosevelt is among It so happens that I disagree with the and pointed out to be a mistress of Jef- the greatest of the three or four great- length of time we have spent there and ferson. est Presidents. The man who probably the amount of money that we have But the important thing is that Jef- has to be credited with stopping Ad- spent there, but the decision was vital ferson went on to effect the Louisiana olph Hitler from ruling the world. Very in order to turn the situation around. Purchase. Where would the Nation be if few intellects, very few imaginations, So Bosnia, Serbia, Croatia, all of those there had been no Louisiana Purchase, very few courageous spirits can match elements are still struggling. the opening up the direction of the Franklin Delano Roosevelt. Yeah, he Mr. Speaker, I do not think the West, the removal of Spain and France made a few mistakes here and there. United States should stay there forever who were lingering around the edges of He interned the Japanese at the begin- to help them put things together. I the United States, dying to establish ning of World War II. think the horror is gone and they will some kind of beachhead? All of that Every President makes mistakes. He never go back to the horror. I think all was swept away in one fell swoop. did not move fast enough, as fast as he the fighting factions there are glad to The Louisiana Purchase, which was could have, to integrate the armed be relieved of the need to perpetrate engineered by Thomas Jefferson almost forces. There are a lot of mistakes. But one horror after another against one alone, because there was no great de- when you measure the mistakes another. This President, he has a leg- bate about what to do, he outmaneu- against the achievements, there is no acy there that no one can take away. vered Napoleon. Napoleon wanted Jef- question about the legacy of Franklin Mr. Speaker, I think that those who ferson and the United States to get in- Delano Roosevelt will ever be taken press the issue of destruction of the volved in the war in Haiti and expected away. Nobody can ever deny him his legacy of the President by his personal the United States to come to his aid. place of one of the greatest American actions, it is one argument being used Jefferson refused to do that. Napoleon Presidents. by the press and the heavy-handed lost the war in Haiti and he expended a But it is a fact that he had some ex- commentators that seem persuasive to great deal of funds in the process and tramarital relationships in his public a lot of people. How can he go down in was broke. So he sold the Louisiana life, more than one. It is a fact. They history? How can he salvage anything Territory to the United States at a are not disputed. It did not mean that for the next 2 years with all of the very, very bargain price. But Jefferson he could not meet day after day and present exposure of his personal life? maneuvered all of that, despite the fact night after night with Winston Church- Well, I think we ought to go way that he had been put under great pres- ill in the early days when the United back in American history and recog- sure in his first year. They went away. States declared war on Germany and nize some things that people do not The charges and the people who at- Japan when Churchill came over here. like to talk about. One of the greatest tempted to ridicule him finally shut It did not mean he could not rise to the American Presidents, I certainly would up. occasion whatever his personal life was place him in the top three or four Throughout the course of the entire like, whatever he was doing in his per- American Presidents, was challenged ordeal, Thomas Jefferson refused to sonal life. It certainly did not mean in his first term by the press and a comment at all. He never said a word that publicly he could not perform. journalist that actually had been a one way or another. The American peo- This notion that they go together or friend of his, named James Calendar. ple at that time, the ordinary people the human story must be told because He wrote a story and started a whole out there, the innkeepers, the car- the human story tells us what a person series of stories about the life of Thom- penters, and the various ordinary is all about is a soap opera notion. It is as Jefferson and the fact that Thomas workers out there, who adored Thomas soap opera. Jefferson had a slave mistress who had Jefferson, were never that concerned. I think the private domain some- several children by Thomas Jefferson. It was always the press, always the car- times can be legitimately invaded. I This is not a rumor. There are news- toonists who pressured and pressed to think Presidents ought to report on papers and cartoons and factual evi- get answers about the private life of their health correctly. I think the dence. It happened. Thomas Jefferson. French are right and that Francois James Calendar made the charge in So, Mr. Speaker, he was one example. Mitterand, when it was disclosed that the article. The other papers picked it I can give many others where the leg- Francois Mitterand, the President of up. The cartoons ridiculed Jefferson for acy, the individual legacy is not in- France, had cancer before he died, he his black bride. All kinds of pressure jured by the personal life. The ability died of cancer, the French appointed was brought to bear on Thomas Jeffer- to achieve things is not injured by the investigators to find out when did he son in his very first term. This is a personal life of public people. know that he had cancer, how serious President who served 8 years. In his It is quite amusing to hear people was it. They felt it was an important first year, these were the kind of pres- talk about a legacy being destroyed be- thing to know. sures that were unleashed on Thomas cause of private behavior. We would Was he incapacitated and unable to Jefferson. have legacies destroyed right down carry out the business of the state. Without going into an argument through American history of quite a That is all they wanted to know. They about whether they really were his number of other presidents. I heard the did not want to know about his mis- kids or not, or whether he was really other day on National Public Radio an tress and his children by his mistress. involved with Sally Hemings as irate listener call up and said some- But they thought it was important to September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7483 know what kind of person with what tion enables them to withstand outrageous make a public issue out of the private kind of mental capacity was, or phys- exposure or those whose sexual lives are pure life of Franklin Roosevelt or the pri- ical capacity was in charge of the are simon-pure, Professor Nagel wrote. vate life of John F. Kennedy, what does state. It is important to understand that that mean? They were less moral? There are some things a state should the Clinton case is special. Last Feb- Maybe they were. know. There are things that the state ruary, I wrote, to quote Anthony Maybe our indignation and the fact may also disapprove of. But the fact Lewis, that the press feels it has a right to that the state disapproves of certain President Clinton was on notice, years of discuss these matters and to pass judg- kinds of private behavior does not notice, that his sexual behavior was in issue. ment and to wage an editorial crusade mean the state should become the pros- If he ignored the warnings and then went on to change the mind of the American ecutor, the arbiter. television to deny the truth, he will be people and make them prosecute the I mean, where is the church, where judged by the American people in those President for his sins, that is new. It are the priests, where are the min- terms, and should be. evolved, as Professor Nagel said, in the But in general, we as a country are better last 10 or 20 years. Does that mean that isters, where is their function if we are off not knowing about the private lives of going to have the state become the our leaders and not lusting to know. Would we are more moral because we lay agency for monitoring sin and regulat- America be a better place if the supposed those issues out on the table? ing sin? sexual adventures of John F. Kennedy lately I heard a commentator on a C-SPAN I want to read some excerpts from a retailed had been reported at the time? If the show who spoke very forcefully about column that appeared in the New York press, which in those days was far more re- this moral issue, how we have to deal Times yesterday by Anthony Lewis. strained, had published the material leaked with saving the morality of America, And I think the very strong statement by J. Edgar Hoover about Dr. Martin Luther how the children are watching, and we King’s sexual straying? must set the best examples, all of here is one that I certainly would agree The great Italian playwright Luigi Piran- with 100 percent, and I invite you to which separately make a lot of sense. I dello in the play ‘‘Right You Are If You think we should set the best possible get a copy of the Anthony Lewis col- Think You Are’’ showed the price of commu- umn of September 8, 1998. nity pays when it is driven by gossips to find examples as public officials. I think It starts as follows: out the truth about people’s private lives. It this scandal is very damaging. Senator Joseph Lieberman struck a cord in is not an accident that both Linda Tripp and But the same commentator was the country because of the way he criticized Kenneth Starr justify their relentless behav- asked a few minutes later, have you President Clinton’s behavior. He ground no ior as demanded by the truth. discussed this with your teenage chil- political ax. He was not holier than thou. He We should not ferret out the secrets of pri- dren? He wants to save America. He gave us no prurient sanctimony. Simply and vate lives; least of all should we do so by the wants to guarantee that the moral directly, he expressed what most people feel: terrible power of the criminal law. My hope standards of the President and the pub- Sadness and outrage. and belief are that, however the Clinton lic officials are the highest. But when But on one point he went too far when he story ends, the country and Congress will see to it that never again will a prosecutor thus he was asked have you discussed this said that no President today can have a pri- with your teenage children, he said no. vate life. The reality is it is in 1998 that a damage the Presidency. For the good of the President’s private life is public, Senator country, a President needs what Justice He said I have not. I am a little afraid Lieberman said. Contemporary news media Brandeis call the right to be let alone, the to tackle that. I am afraid of what they standards will have it no other way. right most valued by civilized men. might say. I am afraid. I am quoting from an article by An- This is the end of the quote from An- Here is a man who wants to save thony Lewis. thony Lewis in the New York Times on America, but he will not talk to his own children. If there is a moral prob- Must every President from here on live September 8. I invite you to get a copy with a press driven downward by competi- for yourself. I think it is a brilliant lem in America, then the moral prob- tion and morbid curiosity? Beyond that, can statement there of what the present lem is parents who will not talk to no President ever again be assured of con- situation means in terms of overall their children about something they fidence in his talks with advisors? Must civilization and our values in this civ- consider so important that they take every President look at his Secret Service ilization. very intense public positions about. guards as potential witnesses? He is a afraid. Is afraid that they I am not a lawyer or a legal scholar, I cannot imagine any ordinary person who might say we do not think it is that but I really would like to hear a legal wanted to live under such conditions. Total important. He is afraid. Let me not put discussion of what the present situa- exposure or the fear of it would put an intol- thoughts in his mouth. I do not know erable strain on us. tion means in terms of separation of what he is afraid of. But certainly the Privacy is an essential ingredient of civ- church and state. If the state can in- refusal to talk to your own children ilized human existence. The reason was ex- vade the personal domain and personal about it says a great deal about your plained in a superb article last month in the behavior and charge itself to deal with London Times Literary Supplement by convictions as to the morality of them. people’s sins, where are we going in Thomas Nagel, professor of philosophy and Are we afraid because children under- terms of separation of church and law of New York University. stand that people tell lies all the time? state? I am still quoting from Anthony And when they hear adults railing I have heard all kinds of speeches Lewis’ column. about how awful it is to have a lie, a lie made in the name of raising the flag of about something you have done, chil- To quote Professor Nagel, ‘‘each of our morality in America. There have been inner lives is such a jungle of thoughts, feel- dren, by the time they are teenagers, numerous reporters who have stated ings, fantasies, and impulses that civiliza- they are ahead of us. tion would be impossible if we expressed that the country’s values have gone They have gone through the discov- them all or if we could all read each other’s downward, and we have degenerated in ery that there is no Santa Claus. They minds. Just as social life would be impos- terms of morality over the last 25, 30 know that storks do not bring babies, sible if we expressed all our lustful, aggres- years. or you do not pick babies up in pack- sive, greedy, anxious, or self-obsessed feel- I challenge that. I challenge that ings in ordinary public encounters, so would ages at the hospital. There are all very much so. I challenge it first in kinds of little lies that have been told inner life be impossible if we tried to become terms of the fact that the private lives wholly persons whose thoughts, feelings, and them that have been exposed. I assure private behavior could be safely exposed to of several Presidents I mentioned, John you they are way ahead and listening public view.’’ F. Kennedy, Franklin Roosevelt, pri- all the time for those kinds of Professor Nagel correctly saw the destruc- vate lives of those people and the untruths, as innocent as they may be. tion of Presidential privacy as part of a larg- things that we might not approve of er trend, quote, ‘‘a disastrous erosion of the that happen in their private lives were b 2015 pressures but fragile conventions of personal known to members of the press and Children may know what was re- privacy in the United States over the past 10 members of the establishment here in cently stated by a priest in a contest or 20 years. We are in the age of letting it all hang out and of rewards for exposing oth- Washington. They were not so secret that was held. It was a big contest held ers.’’ that they were not known. about America’s wisdom, and a priest We can’t limit the choice of political fig- The fact that no one felt so morally was in the contest with three other ures to those whose peculiar inner constitu- compulsive as to come forward and contenders and he won. H7484 CONGRESSIONAL RECORD — HOUSE September 9, 1998 The question was: Is it always impor- continues today. The savings and loan important things in the world morally. tant to be honest and tell the truth; swindle was based on crony capitalism Where were their voices during the sav- must we always be honest and tell the and banking socialism. The socialism ings and loan swindle? Immoral, costly, truth? And the priest was selected as part came because the Federal Deposit a lot of criminality took place, the having the best answer because he said Insurance Corporation, the American Mafia made a mint, and the response it is not always important that we tell taxpayers’ money, insured every de- morally was not there. the truth. And he laid out a whole se- positor who had placed $100,000 or less Let me just sort of sum up what I am ries of situations where innocent peo- in the bank. So it was a kind of social- saying. A nation that cannot identify ple would be hurt if we were to tell the ist protection. what is morally most important, can- truth. The cronyism came because banks not set priorities, cannot see that it is There is no absolute standard which did not follow the regular procedures of immoral at a time like this, when we says we must always tell the truth and lending. They lent millions of dollars have a budget surplus, to keep sending that any lie is equal to any other lie. on the basis of friendship. Cronies. The children to unsafe schools and over- Goebbels’ lying about the concentra- crony capitalism and the banking so- crowded schools. It is immoral to send tion camp is equal to somebody lying cialism pattern that started with the them to schools that have coal-burning about their personal behavior. Moral savings and loan associations of Amer- furnaces. That is immoral, not to have standards are something that always ica is exactly what happened in Mex- the leadership being willing to invest relate to sex or relationships between ico, only they did not have the safe- in safety and health. men and women. guards of a Federal Deposit Insurance It is immoral not to take this oppor- Adolf Hitler would not allow his pic- Corporation to the degree we have, so tunity, when the money is here, to in- ture to be taken in short pants because individuals in Mexico lost much more. vest in education in greater amounts. he thought it was indecent. Adolf Hit- It is the same pattern of Indonesia A nation that cannot see that, a nation ler, responsible for more murders and crony capitalism, where there are no that prefers to spend $30,000 or $40,000 a more death and more suffering and real standards or real requirements for year on a prisoner, a prisoner in a pris- more horror than this planet has ever collateral or a sound business plan or on cell, and will not do anything about experienced. No matter how far we go all the things we would confront if we the expenditure of less than $5,000 a back, the scale of Hitler’s murderous went to the bank to ask for a $10,000 year on children who go to inner city ventures cannot be matched, and yet loan or a $20,000 business loan. We schools is immoral. That is an immoral he would not have his picture taken in would have to fill out reams of paper act. short pants because it was immoral, and go through a whole process. Well, There are all kinds of judgments that obscene. there is a stratum in the business need to be made about what is impor- Charles Keating, head of a savings world where they do not do that. It is tant and what is not important. What and loan association out in Arizona on the basis of friendship that loans are we here for, for 5 weeks? Should we which cost the taxpayers more than $2 are made. not do things that make a difference billion when it went under, Charles And the pattern that the savings and for people in the Nation or people any- Keating is a crusader against pornog- loan associations established, Mexico where in the world? For 5 weeks the raphy. And yet he swindled the Amer- picked up on it, Korea was run the power is here to do a great deal if we ican people. Through the schemes re- same way, Indonesia, all across the were to see ourselves as President Clin- lated to the savings and loan associa- Asian Tiger countries we have this pat- ton described us in his inaugural ad- tion, he swindled us out of $2 billion. tern of crony capitalism and govern- dress, if we were to see ourselves as an And when he could not get any more ment now stepping in to help bail the indispensable nation. through the Federal Deposit Insurance situation out, because government in We have all kinds of problems Corporation, he went out into the these areas played a major role in pro- throughout the world. The economies lobby of his bank and sold securities to viding the capital to the banks that did are in serious trouble. That is obvious. people without any Federal deposit in- the lending to their cronies. Overnight, The global warming now is pretty surance, and they lost everything. This economies like Korea and Malaysia, much a fact with a lot of implications. is the kind of monster we are dealing And with the tumultuous kinds of with. boom. Morality in America. Where was the I visited Korea for a week and was in weather we have been having recently, press, where were the reporters and the Seoul, the capital of Korea, and I was if global warming is going to make editorials when the savings and loan astonished at the number of office that worse, we are in serious trouble. swindle was exploding? I could not be- buildings. We visited about three office There is a whole lot of planning and a lieve the degree to which the press, the buildings, high-rise buildings, beautiful whole lot of leadership needed. media, ignored a swindle of the mag- buildings on the outside. Inside the We are the indispensable nation. We nitude that the world had never seen buildings, most of the offices were are the ones who at this point are eco- before, the savings and loan associa- empty. They got the money to do the nomically most secure. We are the Na- tion swindle. building and whatever the financing tion that the world looks to. They And there were other banks involved, was, but they did not need the build- value our leadership. The American co- too. The whole process by which they ings. lossus does not rule with armies, does used the Federal Deposit Insurance Just as during the savings and loan not have to administer colonies. It is Corporation to cover for the draining swindle days they had all these devel- the goodwill of America. of billions of dollars from the banks opments in Texas that the builders had It is the fact that American men died was never treated by the press the way gone and borrowed the money, made on the beaches of Normandy to defend the private behavior of the President is the first effort of digging foundations, the concept of freedom. Our homes being treated now. There was never doing a few things, and therefore it were not immediately threatened by any passion in the editorials. There qualified for the loans. They were scot- Hitler. Those great sacrifices were were long stretches of silence. free. They said that the developments made in the Battle of the Bulge and on There were books that were written failed for economic reasons. Nobody the beaches of Normandy by people that suddenly disappeared. And even was convicted in most of these cases. who had some idealism. And the coun- now it is difficult to get hard facts that They just walked off scot-free. That try was driven by idealism. We get a are clear as to exactly how much kind of crony capitalism, backed up by return on that. money did the American taxpayers banking socialism, was never attacked The whole world, despite what we lose. The estimate is $500 billion by as being immoral; the kind of day- hear here and there, the whole world some economists at Stanford Univer- after-day, relentless pursuit. looks to America for leadership, ad- sity, that the savings and loan swindle On ABC, Cokie Roberts has been mires America. We have terrorists who in the end will cost the American tax- around for a long time. She has seen a will hate us just because we are ad- payers $500 billion. lot of things happen in Washington. mired. We have many enemies, but to Now, the savings and loan swindle She ought to know better when she be admired means we are going to have was the beginning of something which talks about this being one of the most enemies. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7485 So this great America of ours is at The indivisible indispensable nation tion. We ought to behave like people the pinnacle of its power and it is an Guardian of the pivotal generation who are a pivotal generation within indispensable nation and we ought to Most fortunate of all the lands this indispensable nation. behave like an indispensable nation. For a brief moment The whole world we hold in our hands f Instead of being preoccupied with Pey- Internet sorcery computer magic ANNOUNCEMENT BY THE SPEAKER ton Place-type activities, we should Tiny spirits make opportunity tragic look to where are we now and what can We are the indispensable nation PRO TEMPORE we do with our enormous power and Guardian of the pivotal generation The SPEAKER pro tempore (Mr. wealth to make the world a better Millionaires must rise to see the need SHIMKUS). While the Chair did not in- place for our constituents, to deal with Or smother beneath their splendid greed terrupt the Member, the Chair would some immediate problems. Capitalism is king remind all Members to avoid specific I do not want to have to go back to With potential to be Pope Banks hoard gold personal references to the President my constituents and say, look, we have even as a point of reference or compari- no hope. The relief of the overcrowding That could fertilize universal hope Jefferson, Lincoln, Roosevelt, King son to a more general standard of con- schools, the coal-burning furnaces, Make your star spangled legacy sting duct. these are relatively small things, but Dispatch your ghosts f we are not going to get any help with To bring us global visions them. I do not want the despair which Indispensible leaders LEAVE OF ABSENCE drives people to choose vouchers, which Need profound decisions is a ridiculous way to go because only Internet sorcery, computer magic. By unanimous consent, leave of ab- a handful of children can ever be served Tiny spirits make opportunity tragic. sence was granted to: through that method. And vouchers to We are the indispensable nation, Ms. PRYCE of Ohio (at the request Mr. private schools, there are just not Guardian of the pivotal generation ARMEY), for today and for an indefinite With liberty and justice for the world period, on account of illness in the enough out there. It is the public Under God. school system that will continue to family. educate most of our children and we b 2030 f have to stay with the public school sys- Instead of being preoccupied with a SPECIAL ORDERS GRANTED tem. soap opera and the human story of one We can experiment more with char- man’s fragility, we should look to our By unanimous consent, permission to ter schools, which are public schools, role as the indispensable nation, we address the House, following the legis- there are a number of things we can do should look to our role as the genera- lative program and any special orders to try to improve the schools, but we tion within this indispensable nation heretofore entered, was granted to: cannot spoon-feed the process or put that has a golden opportunity to turn (The following Members (at the re- Band-aids on. We really need to do things around. quest of Mr. PETERSON of Pennsyl- something dramatic about guarantee- I started by saying that in the Afri- vania) to revise and extend their re- ing that every youngster has a clean, can-American community there is marks and include extraneous mate- safe school with an atmosphere that is strong support for President Clinton rial:) conducive to learning; that every despite all of the revelations. And I Mr. PETERSON of Pennsylvania, for 5 youngster is in a classroom where the certainly know from firsthand informa- minutes, on September 10. teachers are not overwhelmed because tion gathered in my district that it is (The following Members (at the re- there are so many children. very strong. I made it my business to quest of Ms. LEE) to revise and extend There are a lot of very small things question ladies of the church and find their remarks and include extraneous that a mere stroke of the pen on some out where they stood. material:) appropriations bills could put in place. And I think there have been many Mr. STUPAK, for 5 minutes, today. But yet we choose not to live up to the reasons that have been said before why Mrs. MINK of Hawaii, for 5 minutes, calling or the responsibility that his- blacks support this President. We are today. tory has thrust upon us. afraid of what happens when he is no Mr. CONYERS, for 5 minutes, today. I want to read, in closing, a state- longer there. We appreciate the fact Ms. NORTON, for 5 minutes, today. ment that I made on February 4, 1997, that he has stayed with the issues that Mr. MINGE, for 5 minutes, today. following President Clinton’s inaugural matter most. Ms. LEE, for 5 minutes, today. address and I put it in the CONGRES- But I think, also, there is a wisdom Ms. JACKSON-LEE of Texas, for 5 min- SIONAL RECORD. in the African-American community by utes, today. Mr. Speaker, President Clinton’s inaugural these church ladies and other people f address was not a State of the Union speech who have been raised on the Bible. obligated to provide substance for general They know the legacy of King David is EXTENSION OF REMARKS proposals. Appropriately, the President used his second inaugural statement to set a tone not wiped out by his weakness in con- By unanimous consent, permission to for the next 4 years, the prelude to the 21st nection with Bathsheba. They know revise and extend remarks was granted century. America is a great country blessed that Sampson is still a symbol of to: by God with wealth far surpassing any na- strength despite the fact that he had a (The following Members (at the re- tion on the face of the Earth now or in the weakness and was vulnerable. quest of Ms. LEE) and to include extra- past. The Roman Empire was a begger entity They looked over the whole pattern neous matter:) compared to the rich and powerful Ameri- of history and they know that the good Mr. KIND. cans. God has granted us an opportunity un- that men do often dies with them, and Mr. ETHERIDGE. paralleled in history. President Clinton called upon both leaders it is not fair. Mr. KENNEDY of Massachusetts. and ordinary citizens to measure up to this We are in a situation now where Mr. MILLER of California. splendid moment. The President called upon trivialities may smother America, Mr. STARK. all of us to abandon ancient hatreds and ob- trivialities. We have opened Pandora’s Mr. HAMILTON. sessions with trivial issues. For a brief mo- box. If a President’s life can be invaded Mr. KANJORSKI. ment in history we are the indispensable by the government, trivialities will Mr. MATSUI. people. Mr. SANDERS. Other nations have occupied this position smother us all. Who will be next and before and failed the world. The American how many dramatic human stories will Mr. UNDERWOOD. colossus should break the historic pattern of television have to play with along the Mr. MURTHA. empires devouring themselves. As we move way? Mr. DELAHUNT. into the 21st century we need indispensable I hope that for the next 5 weeks we Mr. DIXON. leaders with global visions. We need pro- can turn away from preoccupation with Mr. GEPHARDT. found decisions. the personal life of one man and deal Mr. VENTO. I conclude with a poem of my own. with preoccupation with the life of the Mr. MORAN of Virginia. ‘‘Under God Nation. We are an indispensable na- Mr. SANDLIN. H7486 CONGRESSIONAL RECORD — HOUSE September 9, 1998 (The following Members (at the re- ADJOURNMENT Environmental Protection Agency, transmit- quest of Mr. PETERSON of Pennsyl- Mr. OWENS. Mr. Speaker, I move ting the Agency’s final rule—Fenpropathrin; Extension of Tolerance for Emergency Ex- vania) and to include extraneous mat- that the House do now adjourn. ter:) emptions [OPP–3000692; FRL 6020–2] (RIN: The motion was agreed to; accord- 2070–AB78) received August 21, 1998, pursuant Mr. SPENCE. ingly (at 8 o’clock and 34 minutes to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. RADANOVICH. p.m.), the House adjourned until to- Agriculture. Mr. DUNCAN. morrow, Thursday, September 10, 1998, 10617. A letter from the Director, Office of Mr. DIAZ-BALART. at 10 a.m. Regulatory Management and Information, Mr. SMITH of Oregon. f Environmental Protection Agency, transmit- Mr. SAXTON. ting the Agency’s final rule—Potassium Di- hydrogen Phosphate; Exemption From the Mr. THOMAS. EXECUTIVE COMMUNICATIONS, ETC. Requirement of a Tolerance [OPP–300684; Mr. HYDE. FRL–6017–6] (RIN: 2070–78AB) received Au- Mrs. NORTHUP. Under clause 2 of rule XXIV, execu- gust 21, 1998, pursuant to 5 U.S.C. Mr. SOLOMON. tive communications were taken from 801(a)(1)(A); to the Committee on Agri- Mr. STUMP. the Speaker’s table and referred as fol- culture. Mr. DAVIS of Virginia. lows: 10618. A letter from the Director, Office of Mr. WOLF. 10608. A letter from the Administrator, Ag- Regulatory Management and Information, Mr. GILMAN. ricultural Marketing Service, transmitting Environmental Protection Agency, transmit- (The following Members (at the re- the Service’s final rule—Almonds Grown in ting the Agency’s final rule—Zinc Phosphide; California; Revision of Requirements Re- Pesticide Tolerances for Emergency Exemp- quest of Mr. OWENS) and to include ex- garding Quality Control Program [Docket tions [OPP–300696; FRL–6021–6] (RIN: 2070– traneous matter:) No. FV98–981–1 FR] received August 11, 1998, AB78) received August 21, 1998, pursuant to 5 Mr. MICA. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. LAHOOD. mittee on Agriculture. riculture. Mr. GILMAN. 10609. A letter from the Congressional Re- 10619. A letter from the Administrator, Mr. DEUTSCH. view Coordinator, Department of Agri- Farm Service Agency, transmitting the Agency’s final rule—Cleaning and Reinspec- Mr. BILBRAY. culture, transmitting the Department’s final rule—Mexican Fruit Fly Regulations; Addi- tion of Farmers Stock Peanuts (RIN: 0560– Mr. TOWNS. tion of Regulated Areas [Docket No. 98–082– AF56) received August 12, 1998, pursuant to 5 Ms. VELAZQUEZ. 1] received August 12, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. FORD. U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. Mr. BERRY. riculture. 10620. A letter from the Director, Defense Mr. CONYERS. 10610. A letter from the Administrator, De- Procurement, Department of Defense, transmitting the Department’s final rule—Defense f partment of Agriculture, transmitting the Department’s final rule—Domestically Pro- Federal Acquisition Regulation Supplement; ENROLLED BILLS SIGNED duced Peanuts; Decreased Assessment Rate Letter of Offer and Acceptance [DFARS Case [Docket Nos. FV98–997–1 IFR and FV98–998–1 98–D015] received August 13, 1998, pursuant to Mr. THOMAS, from the Committee IFR] received August 11, 1998, pursuant to 5 5 U.S.C. 801(a)(1)(A); to the Committee on on House Oversight, reported that that U.S.C. 801(a)(1)(A); to the Committee on Ag- National Security. committee had examined and found riculture. 10621. A letter from the General Counsel, truly enrolled bills of the House of the 10611. A letter from the Congressional Re- Department of Housing and Urban Develop- following titles, which were thereupon view Coordinator, Department of Agri- ment, transmitting the Department’s final signed by the Speaker: culture, transmitting the Department’s final rule—Portfolio Reengineering——Fiscal Year rule—Tuberculosis in Cattle and Bison; State 1998 Transition Program Guidelines (FR– H.R. 629. An act to grant the consent of the Designation; Michigan [Docket No. 98–081–1] 4162–N–03) received August 17, 1998, pursuant Congress to the Texas Low-Level Radio- received August 11, 1998, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on active Waste Disposal Compact. 801(a)(1)(A); to the Committee on Agri- Banking and Financial Services. H.R. 4059. An act making appropriations culture. 10622. A letter from the Deputy Executive for military construction, family housing, 10612. A letter from the Congressional Re- Director and Chief Operating Officer, Pen- and base realignment and closure for the De- view Coordinator, Department of Agri- sion Benefit Guaranty Corporation, trans- partment of Defense for the fiscal year end- culture, transmitting the Department’s final mitting the Corporation’s final rule—Valu- ing September 30, 1999, and for other pur- rule—Mediterranean Fruit Fly; Addition to ation and Payment of Lump Sum Benefits poses. Quarantined Areas [Docket No: 97–056–14] re- (RIN: 1212–AA88) received August 6, 1998, pur- f ceived August 11, 1998, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Agri- tee on Education and the Workforce. SENATE ENROLLED BILL SIGNED culture. 10623. A letter from the General Counsel, Department of Transportation, transmitting The SPEAKER announced his signa- 10613. A letter from the Administrator, De- partment of Agriculture, transmitting the the Department’s final rule—Replaceable ture to an enrolled bill of the Senate of Department’s final rule—Irish Potatoes Light Source Information; Federal Motor the following title: Grown in Colorado; Exemption From Area Vehicle Safety Standards [Docket No. S. 1379. An act to amend section 552 of title No. 2 Handling Regulation for Potatoes NHTSA 98–4274] (RIN: 2127–AH32) received 5, United States Code, and the National Se- Shipped for Experimentation and the Manu- August 7, 1998, pursuant to 5 U.S.C. curity Act of 1947 to require disclosure under facture of Conversion Into Specified Prod- 801(a)(1)(A); to the Committee on Commerce. the Freedom of Information Act regarding ucts [Docket No. FV98–948–2 IFR] received 10624. A letter from the General Counsel, certain persons, disclose Nazi war criminal August 14, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting records without impairing any investigation 801(a)(1)(A); to the Committee on Agri- the Department’s final rule—Air Bag On-Off or prosecution conducted by the Department culture. Switches [NHTSA–98–4342] (RIN: 2127–AH25) of Justice or certain intelligence matters, 10614. A letter from the Administrator, De- received August 21, 1998, pursuant to 5 U.S.C. and for other purposes. partment of Agriculture, transmitting the 801(a)(1)(A); to the Committee on Commerce. Department’s final rule—Raisins Produced 10625. A letter from the Director, Office of f From Grapes Grown in California; Increase Regulatory Management and Information, BILL PRESENTED TO THE in Desirable Carryout Used to Compute Environmental Protection Agency, transmitting the Agency’s final rule—Regulations of PRESIDENT Trade Demand [Docket No. FV98–989–2 FIR] received August 14, 1998, pursuant to 5 U.S.C. Fuels and Fuel Additives: Removal of the Mr. THOMAS, from the Committee 801(a)(1)(A); to the Committee on Agri- Reformulated Gasoline Program from the on House Oversight, reported that that culture. Phoenix, Arizona Serious Ozone Nonattain- committee did on the following date 10615. A letter from the Director, Office of ment Area [FRL–6137–8] (RIN: 2060–AI06) represent to the President, for his ap- Regulatory Management and Information, ceived August 4, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. proval, a bill of the House of the fol- Environmental Protection Agency, transmitting the Agency’s final rule—Spinosad; Pes- 10626. A letter from the Director, Office of lowing title: ticide Tolerance [OPP–300693A; FRL–6021–9] Regulatory Management and Information, On August 10, 1998: (RIN: 2070–AB78) received August 11, 1998, Environmental Protection Agency, transmit- H.R. 3824. An act amending the Fastener pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Agency’s final rule—National Emis- Quality Act to exempt from its coverage cer- mittee on Agriculture. sion Standards for Hazardous Air Pollutants: tain fasteners approved by the Federal Avia- 10616. A letter from the Director, Office of Petroleum Refineries [AD-FRL–6145–5] (RIN: tion Administration for use in aircraft. Regulatory Management and Information, 2060–PI00) received August 13, 1998, pursuant September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7487 to 5 U.S.C. 801(a)(1)(A); to the Committee on Promulgation of Implementation Plans; New tion Control District, South Coast Air Qual- Commerce. Jersey; Motor Vehicle Inspection and Main- ity Management District [CA 083–0072a; 10627. A letter from the Director, Office of tenance Program [Region II Docket No. FRL–6138–4] received August 11, 1998, pursu- Regulatory Management and Information, NJ30–184; FRL–6151–4] received August 21, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Commerce. ting the Agency’s final rule—Approval and Committee on Commerce. 10644. A letter from the Director, Office of Promulgation of Implementation Plans and 10636. A letter from the Director, Office of Regulatory Management and Information, Section 111(d) Plan; State of Missouri [MO Regulatory Management and Information, Environmental Protection Agency, transmit- 045–1045; FRL–6150–8] received August 21, Environmental Protection Agency, transmitting the Agency’s final rule—Approval and 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Agency’s final rule—Designation of Promulgation of Implementation Plans; Committee on Commerce. Areas for Air Quality Planning Purposes California State Implementation Plan Revi- 10628. A letter from the Director, Office of Kentucky: Redesignation of the Muhlenberg sion, San Diego Air Pollution Control Dis- Regulatory Management and Information, County Sulfur Dioxide Secondary Nonattain- trict [CA 184–0086a FRL—6137–9] received Au- Environmental Protection Agency, transmit- ment Area to Attainment [KY 99–1–9820a; gust 21, 1998, pursuant to 5 U.S.C. ting the Agency’s final rule—Revision of Ex- FRL–6142–7] received August 11, 1998, pursu- 801(a)(1)(A); to the Committee on Commerce. isting Variance and Exemption Regulations ant to 5 U.S.C. 801(a)(1)(A); to the Committee 10645. A letter from the Director, Office of to Comply with Requirements of the Safe on Commerce. Regulatory Management and Information, Drinking Water Act [FRL–6144–2] (RIN: 2020– 10637. A letter from the Director, Office of Environmental Protection Agency, transmit- AA37) received August 11, 1998, pursuant to 5 Regulatory Management and Information, ting the Agency’s final rule—Approval and U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Promulgation of Air Quality Implementa- Commerce. ting the Agency’s final rule—Significant tion Plans; Maine; Source Surveillance Reg- 10629. A letter from the Director, Office of New Uses of Certain Chemical Substances ulation [ME014–01–6994a; A–1–FRL–6136–3] re- Regulatory Management and Information, [OPPTS–50632; FRL–5788–7] (RIN: 2070–AB27) ceived August 21, 1998, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- received August 21, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—Clean Air Act 801(a)(1)(A); to the Committee on Commerce. 10646. A letter from the Director, Office of Approval and Promulgation of State Imple- 10638. A letter from the Director, Office of Regulatory Management and Information, mentation Plan for North Dakota; Revision Regulatory Management and Information, Environmental Protection Agency, transmit- to the Air Pollution Control Rules; Delega- Environmental Protection Agency, transmitting the Agency’s final rule—Approval and tion of Authority for New Source Perform- ting the Agency’s final rule—Delaware: Final Promulgation of Air Quality Implementa- ance Standards [ND–001–0002a & ND–001– Authorization of State Hazardous Waste tion Plans; Utah; Listing of Exempt Volatile 0004a; FRL–6150–6] received August 21, 1998, Management Program Revisions [FRL–6145– Organic Compounds, Approval of Minor Rule pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2] received August 11, 1998, pursuant to 5 Changes for Emissions from Air Strippers mittee on Commerce. U.S.C. 801(a)(1)(A); to the Committee on and Soil Venting Projects, and Repeal of 10630. A letter from the Director, Office of Commerce. Perchloroethylene Dry Cleaning Plant Re- Regulatory Management and Information, 10639. A letter from the Director, Office of quirements [UT–001–0005a, UT–001–0006a, UT– Environmental Protection Agency, transmit- Regulatory Management and Information, 001–0007a, UT–001–0009a, UT–001–0012a, UT– ting the Agency’s final rule—OMB Approval Environmental Protection Agency, transmit- 001–0013a; FRL -6140–5] received August 11, Numbers Under the Paperwork Reduction ting the Agency’s final rule—Approval and 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Act; Standards of Performance For New Sta- Promulgation of Implementation Plans; Committee on Commerce. tionary Sources and Guidelines For Control California State Implementation Plan Revi- 10647. A letter from the Director, Office of of Existing Sources: Municipal Solid Waste sion, South Coast Air Quality Management Regulatory Management and Information, Landfills [FRL–6142–9] received August 11, District [CA 037–0080; FRL–6142–1] received Environmental Protection Agency, transmit- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the August 11, 1998, pursuant to 5 U.S.C. ting the Agency’s final rule—Approval and Committee on Commerce. 801(a)(1)(A); to the Committee on Commerce. Promulgation of State Implementation Plan 10631. A letter from the Director, Office of 10640. A letter from the Director, Office of Revision; South Coast Air Quality Manage- Regulatory Management and Information, Regulatory Management and Information, ment District [CA 022–0087a; FRL 6138–2] re- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ceived August 21, 1998, pursuant to 5 U.S.C. ting the Agency’s final rule—National Pri- ting the Agency’s final rule—Approval and 801(a)(1)(A); to the Committee on Commerce. mary Drinking Water Regulations: Con- Promulgation of Implementation Plans; 10648. A letter from the Director, Office of sumer Confidence Reports [FRL–6145–3] California State Implementation Plans Revi- Regulatory Management and Information, (RIN:2040–AC99) received August 11, 1998, pur- sion, South Coast Air Quality Management Environmental Protection Agency, transmit- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- District, and Ventura County Air Pollution ting the Agency’s final rule—Approval and tee on Commerce. Control District [CA 126—0082a FRL- 6140–6] Promulgation of Implementation Plans; 10632. A letter from the Director, Office of received August 21, 1998, pursuant to 5 U.S.C. California State Implementation Plan Revi- Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. sion; Monterey Bay Unified Air Pollution Environmental Protection Agency, transmit- 10641. A letter from the Director, Office of Control District [CA 191–0088a; FRL 6138–6] ting the Agency’s final rule—Approval and Regulatory Management and Information, received August 5, 1998, pursuant to 5 U.S.C. Promulgation of Air Quality Implementa- Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Commerce. tion Plans; Maryland; Control of Volatile Or- ting the Agency’s final rule—Approval and 10649. A letter from the Director, Office of ganic Compounds From Sources that Store Promulgation of Implementation Plans; Regulatory Management and Information, and Handle Jet Fuel [MD068–3027a; FRL–6144– California State Implementation Plan Revi- Environmental Protection Agency, transmit- 5] received August 21, 1998, pursuant to 5 sion, Mojave Desert Air Quality Management ting the Agency’s final rule—Approval and U.S.C. 801(a)(1)(A); to the Committee on District, San Diego County Air Pollution Promulgation of State Plans for Designated Commerce. Control District, San Joaquin Valley Unified Facilities and Pollutants; Minnesota; Munic- 10633. A letter from the Director, Office of Air Pollution Control District, South Coast ipal Waste Combustor State Plan Submittal Regulatory Management and Information, Air Quality Management District [CA 187– [MN59–01–7284a; FRL–6139–2] received August Environmental Protection Agency, transmit- 0076a; FRL–6137–6] received August 11, 1998, 7, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Agency’s final rule—Approval and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Commerce. Promulgation of Air Quality Implementa- mittee on Commerce. 10650. A letter from the Director, Office of tion Plans; State of New Jersey; Disapproval 10642. A letter from the Director, Office of Regulatory Management and Information, of the 15 Percent Rate of Progres Plan [Re- Regulatory Management and Information, Environmental Protection Agency, transmit- gion II Docket No. NJ28–1–162–3; FRL–6151–2] Environmental Protection Agency, transmitting the Agency’s final rule—Approval And received August 21, 1998, pursuant to 5 U.S.C. ting the Agency’s final rule—Approval and Promulgation Of Implementation Plans 801(a)(1)(A); to the Committee on Commerce. Promulgation of Implementation Plans; Georgia: Approval of Revisions to the Geor- 10634. A letter from the Director, Office of California State Implementation Plan Revi- gia State Implementation Plan [GA–34–3– Regulatory Management and Information, sion, Mojave Desert Air Quality Management 9819a; FRL–6143–7] received August 21, 1998, Environmental Protection Agency, transmit- District & South Coast Air Quality Manage- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Agency’s final rule—Guidance on ment District [CA 181–0081a; FRL–6141–8] re- mittee on Commerce. Implementing the Capacity Development ceived August 11, 1998, pursuant to 5 U.S.C. 10651. A letter from the Director, Office of Provisions of the Safe Drinking Water Act 801(a)(1)(A); to the Committee on Commerce. Regulatory Management and Information, Amendments of 1996 [Docket No. 816–R–98– 10643. A letter from the Director, Office of Environmental Protection Agency, transmit- 006] received August 11, 1998, pursuant to 5 Regulatory Management and Information, ting the Agency’s final rule—Consumer and U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Commercial Products: Schedule for Regula- Commerce. ting the Agency’s final rule—Approval and tion [AD-FRL–6149–6] (RIN: 2060–AE24) re- 10635. A letter from the Director, Office of Promulgation of Implementation Plans; ceived August 21, 1998, pursuant to 5 U.S.C. Regulatory Management and Information, California State Implementation Plan Revi- 801(a)(1)(A); to the Committee on Commerce. Environmental Protection Agency, transmit- sion, Kern County Air Pollution Control Dis- 10652. A letter from the Director, Office of ting the Agency’s final rule—Approval and trict, San Joaquin Valley Unified Air Pollu- Regulatory Management and Information, H7488 CONGRESSIONAL RECORD — HOUSE September 9, 1998 Environmental Protection Agency, transmit- 10662. A letter from the Director, Regula- transmitting the Department’s final rule— ting the Agency’s final rule—National Emis- tions Policy and Management Staff, Food Endangered and Threatened Wildlife and sion Standards for Hazardous Air Pollutants and Drug Administration, transmitting the Plants; Final Rule to Determine the Plant from Secondary Lead Smelting [AD-FRL– Administration’s final rule—Pediculicide Pediocactus winkleri (Winkler Cactus) to be 6145–6] (RIN: 2060–AE04) Recieved August 21, Drug Products for Over-the-Counter Human a Threatened Species (RIN: 1018–AC09) re- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Use; Final Monograph; Technical Amend- ceived August 17, 1998, pursuant to 5 U.S.C. Committee on Commerce. ment [Docket No. 81N–0201] (RIN: 0910–AA01) 801(a)(1)(A); to the Committee on Resources. 10653. A letter from the Director, Office of received August 19, 1998, pursuant to 5 U.S.C. 10673. A letter from the Acting Director, Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. Fish and Wildlife Service, transmitting the Environmental Protection Agency, transmit- 10663. A letter from the Director, Regula- Service’s final rule—Endanagered and ting the Agency’s final rule—National Vola- tions Policy and Management Staff, Food Threatened Wildlife and Plants; Emergency tile Organic Compound Emission Standards and Drug Administration, transmitting the Listing of the Jarbidge River Population for Architectural Coatings [AD-FRL–6149–7] Administration’s final rule—Indirect Food Segment of Bull Trout as Endangered (RIN: (RIN: 2060–AE55) received August 21, 1998, Additives: Adjuvants, Production Aids, and 1080–AF01) received August 10, 1998, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sanitizers [Docket No. 98F–0055] received Au- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Commerce. gust 21, 1998, pursuant to 5 U.S.C. Resources. 10654. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. 10674. A letter from the Acting Director, Regulatory Management and Information, 10664. A letter from the Director, Regula- Office of Sustainable Fisheries, National Environmental Protection Agency, transmit- tions Policy and Management Staff, Food Oceanic and Atmospheric Administration, ting the Agency’s final rule—National Vola- and Drug Administration, transmitting the transmitting the Administration’s final tile Organic Compound Emission Standards Administration’s final rule—Indirect Food rule—Fisheries of the Exclusive Economic for Consumer Products [AD-FRL–6149–8] Additives: Adjuvants, Production Aids, and Zone Off Alaska; Pacific Ocean Perch in the (RIN: 2060–AF62) received August 21, 1998, Sanitizers [Docket No. 97F–0467] received Au- Central Regulatory Area of the Gulf of Alas- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gust 21, 1998, pursuant to 5 U.S.C. ka [Docket No. 971208297–8054–02; I.D. 072498E] mittee on Commerce. 801(a)(1)(A); to the Committee on Commerce. received August 4, 1998, pursuant to 5 U.S.C. 10655. A letter from the Director, Office of 10665. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Resources. Regulatory Management and Information, tions Policy and Management Staff, Food 10675. A letter from the Acting Director, Environmental Protection Agency, transmit- and Drug Administration, transmitting the Office of Sustainable Fisheries, National ting the Agency’s final rule—National Vola- Administration’s final rule—Irradiation in Oceanic and Atmospheric Administration, tile Organic Compound Emission Standards the Production, Processing and Handling of transmitting the Administration’s final for Automobile Refinish Coatings [AD-FRL– Food [Docket No. 98N–0392] received August rule—Fisheries of the Exclusive Economic 6149–5] (RIN: 2060–AE35) received August 21, 24, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Zone Off Alaska; Sablefish by Vessels Using 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Commerce. Trawl Gear in the Central Regulatory Area Committee on Commerce. 10666. A letter from the Secretary of of the Gulf of Alaska [Docket No. 971208297– 10656. A letter from the Director, Office of Health and Human Services, transmitting 8054–02; I.D. 072498G] received August 4, 1998, Regulatory Management and Information, the Department’s final rule—Orthopedic De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- vices: Classification and Reclassification of mittee on Resources. ting the Agency’s final rule—WASHINGTON: Pedicle Screw Spinal Systems [Docket No. 10676. A letter from the Acting Director, Withdrawal of Immediate Final Rule for Au- 95N–0176] (RIN: 0910–ZA12) received August Office of Sustainable Fisheries, National thorization of State Hazardous Waste Man- 13, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Oceanic and Atmospheric Administration, agement Program Revision [FRL–6147–3] re- the Committee on Commerce. transmitting the Administration’s final ceived August 21, 1998, pursuant to 5 U.S.C. 10667. A letter from the Acting Director, rule—Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Commerce. Bureau of the Census, transmitting the Bu- Zone Off Alaska; Deep-water Species Fishery 10657. A letter from the Director, Office of reau’s final rule—Amendment to 15 CFR 30, by Vessels using Trawl Gear in the Gulf of Regulatory Management and Information, Foreign Trade Statistics Regulations, to In- Alaska [Docket No. 971208297–8054–02; I.D. Environmental Protection Agency, transmit- clude Provisions for Reporting the Value of 072498F] received August 4, 1998, pursuant to ting the Agency’s final rule—Approval and Foreign Military Sales Shipments [Docket 5 U.S.C. 801(a)(1)(A); to the Committee on Promulgation of Maintenance Plan Revi- No. 980331081–8171–02] (RIN: 0607–AA22) re- Resources. sions; Ohio [OH117–1; FRL–6147–9] received ceived July 28, 1998, pursuant to 5 U.S.C. 10677. A letter from the Acting Director, August 14, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Govern- Office of Sustainable Fisheries, National 801(a)(1)(A); to the Committee on Commerce. ment Reform and Oversight. Oceanic and Atmospheric Administration, 10658. A letter from the Director, Office of 10668. A letter from the Executive Director, transmitting the Administration’s final Regulatory Management and Information, Committee For Purchase From People Who rule—Fisheries of the Exclusive Economic Environmental Protection Agency, transmit- Are Blind Or Severely Disabled, transmitting Zone Off Alaska; ‘‘Other Rockfish’’ in the ting the Agency’s final rule—Hazardous the Committee’s final rule—Procurement Western Regulatory Area of the Gulf of Alas- Waste Recycling; Land Disposal Restric- List: Additions, pursuant to 5 U.S.C. ka [Docket No. 971208297–8054–02; I.D. 072498D] tions; Final Rule; Administrative Stay 801(a)(1)(A); to the Committee on Govern- received August 4, 1998, pursuant to 5 U.S.C. [FRL–6153–2] (RIN: 2050–AE05) received Au- ment Reform and Oversight. 801(a)(1)(A); to the Committee on Resources. gust 24, 1998, pursuant to 5 U.S.C. 10669. A letter from the Executive Director, 10678. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. Committee For Purchase From People Who Surface Mining Reclamation and Enforce- 10659. A letter from the Director, Regula- Are Blind Or Severly Disabled, transmitting ment, transmitting the Office’s final rule— tions Policy and Management Staff, Office of the Committee’s final rule—Procurement Mississippi Regulatory Program [SPATS No. Policy, Food and Drug Administration, List: Additions and Deletions received Au- MS–013–FOR] received August 7, 1998, pursu- transmitting the Administration’s final gust 13, 1998, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule—Cold, Cough, Allergy, Bronchodilator, 801(a)(1)(A); to the Committee on Govern- on Resources. and Antiasthmatic Drug Products for Over- ment Reform and Oversight. 10679. A letter from the Commissioner, De- the-Counter Human Use; Amendment of 10670. A letter from the Deputy Director, partment of Justice, transmitting the De- Monograph for OTC Nasal Decongestant Office of Government Ethics, transmitting partment’s final rule—Adjustment of Certain Drug Products [Docket No. 76N–052N] (RIN: the Office’s final rule—Removal of Obsolete Fees of the Immigration Examination Fee 0910–AA01) received August 7, 1998, pursuant Regulations Concerning the Inoperative Account [INS No. 1768–98; AG No.] (RIN: 1115– to 5 U.S.C. 801(a)(1)(A); to the Committee on Statutory Honorarium Bar, Revisions to Re- AE42) received August 12, 1998, pursuant to 5 Commerce. lated Supplemental Reporting Require- U.S.C. 801(a)(1)(A); to the Committee on the 10660. A letter from the Director, Regula- ments, and Conforming Technical Amend- Judiciary. tions Policy and Management Staff, Food ments (RIN: 3209–AA00) (RIN: 3209–AA13) re- 10680. A letter from the General Counsel, and Drug Administration, transmitting the ceived July 30, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting Department’s final rule —Beverages: Bottled 801(a)(1)(A); to the Committee on Govern- the Department’s final rule—Airworthiness Water [Docket No. 98N–0294] received August ment Reform and Oversight. Directives; Airbus Model A300–600 Series Air- 12, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 10671. A letter from the Director, Depart- planes [Docket No. 96–NM–42–AD; Amend- the Committee on Commerce. ment of the Interior, transmitting the De- ment 39–10680; AD 98–16–05] (RIN: 2120–AA64) 10661. A letter from the Deputy Director, partment’s final rule—Endangered and received August 3, 1998, pursuant to 5 U.S.C. Regulations Policy and Management Staff, Threatened Wildlife and Plants; Final Rule 801(a)(1)(A); to the Committee on Transpor- Food and Drug Administration, transmitting Listing Five Plants from Monterey County, tation and Infrastructure. the Administration’s final rule—Revision to California, as Endangered or Threatened 10681. A letter from the General Counsel, the General Safety Requirements for Bio- (RIN: 1018–AD09) received August 10, 1998, Department of Transportation, transmitting logical Products [Docket No. 97N–0449] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Amendment to 0910–ZA08) received August 7, 1998, pursuant mittee on Resources. Class D and Class E Airspace; Fort Leonard to 5 U.S.C. 801(a)(1)(A); to the Committee on 10672. A letter from the Director, Fish and Wood, MO; Correction [Airspace Docket No. Commerce. Wildlife Service, Department of the Interior, 98–ACE–17] received August 3, 1998, pursuant September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7489 to 5 U.S.C. 801(a)(1)(A); to the Committee on 10692. A letter from the General Counsel, 2120–AA64) received August 21, 1998, pursuant Transportation and Infrastructure. Department of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on 10682. A letter from the General Counsel, the Department’s final rule—Automatic Transportation and Infrastructure. Department of Transportation, transmitting Train Control and Advanced Civil Speed En- 10702. A letter from the General Counsel, the Department’s final rule—Airworthiness forcement System; Northeast Corridor Rail- Department of Transportation, transmitting Directives; Airbus Model A300, A310, and roads [FRA Docket No. 87–2, Notice No. 7] the Department’s final rule—Modification of A300–600 Series Airplanes [Docket No. 98– (RIN: 2130–AB20) received August 7, 1998, pur- Class E Airspace; Fortuna, CA [Airspace NM–80–AD; Amendment 39–10685; AD 98–16–09] suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Docket No. 98–AWP–3] received August 21, (RIN: 2120–AA64) received August 3, 1998, pur- tee on Transportation and Infrastructure. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 10693. A letter from the General Counsel, Committee on Transportation and Infra- tee on Transportation and Infrastructure. Department of Transportation, transmitting structure. 10683. A letter from the General Counsel, the Department’s final rule—Pipeline Safe- 10703. A letter from the General Counsel, Department of Transportation, transmitting ty: Periodic Updates to Pipeline Safety Reg- Department of Transportation, transmitting the Department’s final rule—Airworthiness ulations (1997) [Docket No. RSPA–97–2251; the Department’s final rule—Airworthiness Directives; Pilatus Aircraft Ltd. Models PC– Amdt Nos. 190–8; 191–13; 192–84; 193–15; 194–2; Directives; Alexander Schleicher 12 and PC–12/45 Airplanes [Docket No. 98–CE– 195–61; 198–3; 199–17] (RIN: 2137–AD03) received Segelflugzeugbau Model ASW–19 Sailplanes 40–AD; Amendment 39–10681; AD 98–11–01 R2] August 7, 1998, pursuant to 5 U.S.C. [Docket No. 98–CE–05–AD; Amendment 39– (RIN: 2120–AA64) received August 3, 1998, pur- 801(a)(1)(A); to the Committee on Transpor- 10704; AD 98–17–02] (RIN: 2120–AA64) received suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tation and Infrastructure. August 21, 1998, pursuant to 5 U.S.C. tee on Transportation and Infrastructure. 10694. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- 10684. A letter from the General Counsel, Department of Transportation, transmitting tation and Infrastructure. Department of Transportation, transmitting the Department’s final rule—Safety Zone: 10704. A letter from the General Counsel, the Department’s final rule—Airworthiness Staten Island Fireworks, New York Harbor, Department of Transportation, transmitting Directives; Airbus Model A319, A320, A321, Lower Bay [CGD01–98–102] (RIN: 2115–AA97) the Department’s final rule—Airworthiness A300, A310, A300–600, A330, and A340 Series received August 7, 1998, pursuant to 5 U.S.C. Directives; Boeing Model 747 Series Air- Airplanes [Docket No. 98–NM–229–AD; 801(a)(1)(A); to the Committee on Transpor- planes [Docket No. 98–NM–210–AD; Amend- Amendment 39–10678; AD 98–15–51] (RIN: 2120– tation and Infrastructure. ment 39–10689; AD 98–16–13] (RIN: 2120–AA64) AA64) received August 3, 1998, pursuant to 5 10695. A letter from the General Counsel, received August 7, 1998, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. the Department’s final rule—Special Local tation and Infrastructure. 10685. A letter from the General Counsel, Regulations for Marine Events; Delaware 10705. A letter from the General Counsel, Department of Transportation, transmitting River, Philadelphia, Pennsylvania [CGD 05– Department of Transportation, transmitting the Department’s final rule—Modification of 98–002] (RIN: 2115–AE46) received August 7, the Department’s final rule—Advance Notice VOR Federal Airway V–465 [Airspace Docket 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Arrival: Vessels bound for ports and places No. 96–ANM–15] (RIN: 2120–AA66) received Committee on Transportation and Infra- in the United States [CGD 97–067] (RIN: 2115– August 3, 1998, pursuant to 5 U.S.C. structure. AF54) received August 13, 1998, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- 10696. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. Department of Transportation, transmitting Transportation and Infrastructure. 10686. A letter from the General Counsel, the Department’s final rule—Special Local 10706. A letter from the General Counsel, Department of Transportation, transmitting Regulations; St. Johns River, Jacksonville, Department of Transportation, transmitting the Department’s final rule—Realignment of Florida [CGD07–98–033] (RIN: 2115–AE46) re- the Department’s final rule—Standard In- VOR Federal Airway 369; TX [Airspace Dock- ceived August 7, 1998, pursuant to 5 U.S.C. strument Approach Procedures; Miscellane- et No. 98–ASW–40] (RIN: 2120–AA66) received 801(a)(1)(A); to the Committee on Transpor- ous Amendments [Amdt. No. 1883; Docket August 3, 1998, pursuant to 5 U.S.C. tation and Infrastructure. No. 29295] (RIN: 212–AA65) received August 801(a)(1)(A); to the Committee on Transpor- 10697. A letter from the General Counsel, 13, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. Department of Transportation, transmitting the Committee on Transportation and Infra- 10687. A letter from the General Counsel, the Department’s final rule—Streamlined In- structure. Department of Transportation, transmitting spection Program [CGD 96–055] (RIN: 2115– 10707. A letter from the General Counsel, the Department’s final rule—Amendment to AF37) received August 7, 1998, pursuant to 5 Department of Transportation, transmitting Class E Airspace; Tallahassee, FL [Airspace U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Standard In- Docket No. 98–ASO–8] received August 3, Transportation and Infrastructure. strument Approach Procedures; Miscellane- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10698. A letter from the General Counsel, ous Amendments [Amdt. No. 1882; Docket Committee on Transportation and Infra- Department of Transportation, transmitting No. 29294] (RIN: 212–AA65) received August structure. the Department’s final rule—Airworthiness 13, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 10688. A letter from the General Counsel, Directives; Airbus Model A319, A320, A321, the Committee on Transportation and Infra- Department of Transportation, transmitting A330, and A340 Series Airplanes Equipped structure. the Department’s final rule—Establishment with AlliedSignal RIA–35B Instruement 10708. A letter from the General Counsel, of Class E Airspace; Safford, AZ [Airspace Landing System Receivers [Docket No. 98– Department of Transportation, transmitting Docket No. 96–AWP–11] received August 3, NM–154–AD; Amendment 39–10707; AD 98–17– the Department’s final rule—Establishment 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 05] (RIN: 2120–AA64) received August 21, 1998, of Class E Airspace; Tioga, ND [Airspace Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Docket No. 98–AGL–34] received August 13, structure. mittee on Transportation and Infrastruc- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10689. A letter from the General Counsel, ture. Committee on Transportation and Infra- Department of Transportation, transmitting 10699. A letter from the General Counsel, structure. the Department’s final rule—Airworthiness Department of Transportation, transmitting 10709. A letter from the General Counsel, Directives; McDonnell Douglas Model MD–11 the Department’s final rule—Airworthiness Department of Transportation, transmitting Series Airplanes [Docket No. 98–NM–212–AD; Directives; Airbus Model A310 and A300–600 the Department’s final rule—Airworthiness Amendment 39–10676; AD 98–16–01] (RIN: 2120– Series Airplanes [Docket No. 98–NM–128–AD; Directives; AlliedSignal Inc. TFE731 Series AA64) received August 3, 1998, pursuant to 5 Amendment 39–10711; AD 98–17–09] (RIN: 2120– Turbofan Engines [Docket No. 97–ANE–51– U.S.C. 801(a)(1)(A); to the Committee on AA64) received August 21, 1998, pursuant to 5 AD; Amendment 39–10703; AD 98–17–01] (RIN: Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on 2120–AA64) received August 13, 1998, pursuant 10690. A letter from the General Counsel, Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting 10700. A letter from the General Counsel, Transportation and Infrastructure. the Department’s final rule—Establishment Department of Transportation, transmitting 10710. A letter from the General Counsel, of Class E Airspace; Moses Lake, WA [Air- the Department’s final rule—Airworthiness Department of Transportation, transmitting space Docket No. 98–ANM–05] received Au- Directives; Robinson Helicopter Company the Department’s final rule—Special Local gust 3, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); (RHC) Model R44 Helicopters [Docket No. 98– Regulations; St. Johns River, Jacksonville, to the Committee on Transportation and In- SW–25–AD; Amendment 39–10712; AD 98–12–19] Florida [CGD07–98–033] (RIN: 2115–AE46) re- frastructure. (RIN: 2120–AA64) received August 21, 1998, ceived August 13, 1998, pursuant to 5 U.S.C. 10691. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting mittee on Transportation and Infrastruc- tation and Infrastructure. the Department’s final rule—Airworthiness ture. 10711. A letter from the General Counsel, Directives; Airbus Model A320 and A321 Se- 10701. A letter from the General Counsel, Department of Transportation, transmitting ries Airplanes [Docket No. 97–NM–148–AD; Department of Transportation, transmitting the Department’s final rule—Airworthiness Amendment 39–10688; AD 98–16–12] (RIN: 2120– the Department’s final rule—Airworthiness Directives; General Electric Company CF6– AA64) received August 7, 1998, pursuant to 5 Directives; Glaser-Dirks Flugzeugbau GmbH 80A3 Series Turbofan Engines [Docket No. U.S.C. 801(a)(1)(A); to the Committee on Model DG–400 Gliders [Docket No. 98–CE–07– 98–ANE–85–AD; Amendment 39–10668; AD 98– Transportation and Infrastructure. AD; Amendment 39–10705; AD 98–17–03] (RIN: 15–17] (RIN: 2120–AA64) received August 13, H7490 CONGRESSIONAL RECORD — HOUSE September 9, 1998 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10731. A letter from the General Counsel, Committee on Transportation and Infra- mittee on Transportation and Infrastruc- Department of Transportation, transmitting structure. ture. the Department’s final rule—Airworthiness 10712. A letter from the General Counsel, 10722. A letter from the General Counsel, Directives; de Havilland Model DHC–8–100, Department of Transportation, transmitting Department of Transportation, transmitting -200, and -300 Series Airplanes [Docket No. the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness 98–NM–70–AD; Amendment 39–10697; AD 97– Directives; Bombardier Model CL–215–6B11 Directives; British Aerospace Model B.121 20–10 R1] (RIN: 2120–AA64) received August (CL–415 Variant) Series Airplanes [Docket Series 1,2, and 3 Airplanes [Docket No. 98– 13, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to No. 98–NM–03–AD; Amendment 39–10487] CE–03–AD; Amendment 39–10691; AD 98–16–15] the Committee on Transportation and Infra- (RIN: 2120–AA64) received August 13, 1998, (RIN: 2120–AA64) received August 13, 1998, structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10732. A letter from the General Counsel, mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- Department of Transportation, transmitting ture. ture. the Department’s final rule—Establishment 10713. A letter from the General Counsel, 10723. A letter from the General Counsel, of VOR Federal Airways; WA [Airspace Department of Transportation, transmitting Department of Transportation, transmitting Docket No. 97–ANM–23] received August 21, the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness 2998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Airbus Model A340 Series Air- Directives; Pilatus Aircraft Ltd. Model PC–7 Committee on Transportation and Infra- planes [Docket No. 97–NM–340–AD; Amend- Airplanes [Docket No. 98–CE–30–AD; Amend- structure. ment 39–10355; AD 98–04–44] (RIN: 2120–AA64) ment 39–10692; AD 98–16–16] (RIN: 2120–AA64) 10733. A letter from the General Counsel, received August 13, 1998, pursuant to 5 U.S.C. received August 13, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Amendment to tation and Infrastructure. tation and Infrastructure. Class E Airspace; Kearney, NE [Airspace 10714. A letter from the General Counsel, 10724. A letter from the General Counsel, Docket No. 98–ACE–34] received August 21, Department of Transportation, transmitting Department of Transportation, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Amendment to the Department’s final rule—Airworthiness Committee on Transportation and Infra- Class E Airspace; Forest City, IA [Airspace Directives; Pilatus Britten-Norman Ltd. BN– structure. Docket No. 98–ACE–30] received August 13, 2, BN–2A, BN–2B, and BN–2T Series Airplanes 10734. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No. 97–CE–112–AD; Amendment 39– Department of Transportation, transmitting Committee on Transportation and Infra- 10690; AD 98–16–14] (RIN: 2120–AA64) received the Department’s final rule—Amendment to structure. August 13, 1998, pursuant to 5 U.S.C. Class E Airspace; Beatrice, NE [Airspace 10715. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- Docket No. 98–ACE–32] received August 21, Department of Transportation, transmitting tation and Infrastructure. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Amendment to 10725. A letter from the General Counsel, Committee on Transportation and Infra- Class E Airspace; Spencer, IA [Airspace Department of Transportation, transmitting structure. Docket No. 98–ACE–31] received August 13, the Department’s final rule—Airworthiness 10735. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Learjet Model 60 Airplanes Department of Transportation, transmitting Committee on Transportation and Infra- [Docket No. 98–NM–227–AD; Amendment 39– the Department’s final rule—Amendment to structure. 10694; AD 98–16–18] (RIN: 2120–AA64) received Class E Airspace; Ottumwa, IA [Airspace 10716. A letter from the General Counsel, August 13, 1998, pursuant to 5 U.S.C. Docket No. 98–ACE–27] received August 21, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Airworthiness tation and Infrastructure. Committee on Transportation and Infra- Directives; British Aerospace Jetstream 10726. A letter from the General Counsel, structure. Model 3101 Airplanes [Docket No. 98–CE–54– Department of Transportation, transmitting 10736. A letter from the General Counsel, AD; Amendment 39–10584; AD 98–12–31] (RIN: the Department’s final rule—Airworthiness Department of Transportation, transmitting 2120–AA64) received August 13, 1998, pursuant Directives; Boeing Model 747 Series Air- the Department’s final rule—Establish Class to 5 U.S.C. 801(a)(1)(A); to the Committee on planes [Docket No. 98–NM–180–AD; Amend- E Airspace; Davenport, IA [Airspace Docket Transportation and Infrastructure. ment 39–10695; AD 98–16–19] (RIN: 2120–AA64) No. 97–ACE–21] received August 21, 1998, pur- 10717. A letter from the General Counsel, received August 13, 1998, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- tee on Transportation and Infrastructure. the Department’s final rule—Amendment to tation and Infrastructure. 10737. A letter from the General Counsel, Class E Airspace; Denison, IA [Airspace 10727. A letter from the General Counsel, Department of Transportation, transmitting Docket No. 98–ACE–29] received August 13, Department of Transportation, transmitting the Department’s final rule—Airworthiness 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Airworthiness Directives; British Aerospace Model BAe 146 Committee on Transportation and Infra- Directives; Saab Model SAAB 2000 Series and Model Avro 146–RJ Series Airplanes structure. Airplanes [Docket No. 98–NM–151–AD; [Docket No. 97–NM–128–AD; Amendment 39– 10718. A letter from the General Counsel, Amendment 39–10699; AD 98–16–22] (RIN: 2120– 10701; AD 98–16–24] (RIN: 2120–AA64) received Department of Transportation, transmitting AA64) received August 13, 1998, pursuant to 5 August 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Directives; Cessna Aircraft Company Model Transportation and Infrastructure. tation and Infrastructure. 172R Airplanes [Docket No. 98–CE–60–AD; 10728. A letter from the General Counsel, 10738. A letter from the General Counsel, Amendment 39–10634; AD 98–13–41] (RIN: 2120– Department of Transportation, transmitting Department of Transportation, transmitting AA64) received August 13, 1998, pursuant to 5 the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness U.S.C. 801(a)(1)(A); to the Committee on Directives; Construcciones Aeronauticas, Directives; Aerospatiale Model ATR42 and Transportation and Infrastructure. S.A. (CASA) Model CN–235 Series Airplanes ATR72 Series Airplanes [Docket No. 98–NM– 10719. A letter from the General Counsel, [Docket No. 98–NM–160–AD; Amendment 39– 146–AD; Amendment 39–10698; AD 98–16–21] Department of Transportation, transmitting 10700; AD 98–16–23] (RIN: 2120–AA64) received (RIN: 2120–AA64) received August 13, 1998, the Department’s final rule—Airworthiness August 13, 1998, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives; Bombardier-Rotax GmbH 912 F 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- Series Reciprocating Engines [Docket No. 98– tation and Infrastructure. ture. ANE–26–AD; Amendment 39–10667; AD 98–15– 10729. A letter from the General Counsel, 10739. A letter from the General Counsel, 16] (RIN: 2120–AA64) received August 13, 1998, Department of Transportation, transmitting Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Airworthiness the Department’s final rule—Amendment to mittee on Transportation and Infrastruc- Directives; Saab Model SAAB 2000 Series Class E Airspace; Dunkirk, NY [Airspace ture. Airplanes [Docket No. 98–NM–213–AD; Docket No. 98–AEA–10] received August 13, 10720. A letter from the General Counsel, Amendment 39–10696; AD 98–16–20] (RIN: 2120– 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting AA64) received August 13, 1998, pursuant to 5 Committee on Transportation and Infra- the Department’s final rule—Special Local U.S.C. 801(a)(1)(A); to the Committee on structure. Regulations; West Palm Beach, Florida Transportation and Infrastructure. 10740. A letter from the General Counsel, [CGD07–98–049] (RIN: 2115–AE46) received Au- 10730. A letter from the General Counsel, Department of Transportation, transmitting gust 13, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting the Department’s final rule—Standard In- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness strument Approach Procedures; Miscellane- tation and Infrastructure. Directives; Bombardier Model CL–600–2B19 ous Amendments [Amendment No. 1881; 10721. A letter from the General Counsel, (Regional Jet Series 100 and 200) Airplanes Docket No. 29293] (RIN: 212–AA65) received Department of Transportation, transmitting [Docket No. 97–NM–116–AD; Amendment 39– August 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Drawbridge Op- 10702; AD 98–16–25] (RIN: 2120–AA64) received 801(a)(1)(A); to the Committee on Transpor- eration Regualtions; Grassy Sound Channel, August 13, 1998, pursuant to 5 U.S.C. tation and Infrastructure. Middle Township, New Jersey [CGD05–98–015] 801(a)(1)(A); to the Committee on Transpor- 10741. A letter from the General Counsel, (RIN: 2115–AE47) received August 13, 1998, tation and Infrastructure. Department of Transportation, transmitting September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7491 the Department’s final rule—Modification of the Committee on Transportation and Infra- 10761. A letter from the Director, Office of Class D Airspace; Colorado Springs USAF structure. Regulatory Management and Information, Academy Airstrip, CO [Airspace Docket No. 10751. A letter from the General Counsel, Environmental Protection Agency, transmit- 98–ANM–07] received August 13, 1998, pursu- Department of Transportation, transmitting ting the Agency’s final rule—Streamlining ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Airworthiness the State Sewage Sludge Management Regu- on Transportation and Infrastructure. Directives; Fokker Model F.28 Mark 1000, lations [FRL–6145–8] (RIN: 2040–AC87) re- 10742. A letter from the General Counsel, 2000, 3000, and 4000 Series Airplanes [Docket ceived August 13, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting No. 97–NM–287–AD; Amendment 39–10710; AD 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Revision of 98–17–08] (RIN: 2120–AA64) received August 21, tation and Infrastructure. Class E Airspace; Barrow, AK [Airspace 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10762. A letter from the Director, Office of Docket No. 98–AAL–7] received August 13, Committee on Transportation and Infra- Regulations Management, Department of 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the structure. Veterans Affairs, transmitting the Depart- Committee on Transportation and Infra- 10752. A letter from the General Counsel, ment’s final rule— Election of Education structure. Department of Transportation, transmitting Benefits (RIN: 2900–AH88) received August 21, 10743. A letter from the General Counsel, the Department’s final rule—Airworthiness 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting Directives; Fokker Model F28 Mark 0070 and Committee on Veterans’ Affairs. the Department’s final rule—Harmonization Mark 0100 Series Airplanes [Docket No. 97– 10763. A letter from the Director, Office of of Miscellaneous Rotocraft Regulations NM–248–AD; Amendment 39–10709; AD 98–17– Regulations Management, Department of [Docket No. 28929; Amendment Nos. 27–35 & 07] (RIN: 2120–AA64) received August 21, 1998, Veterans Affairs, transmitting the Depart- 29–42] (RIN: 2120–AG23) received August 13, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s final rule— Additional Disability or 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- Death Due to Hospital Care, Medical or Sur- Committee on Transportation and Infra- ture. gical Treatment, Examination, or Training structure. 10753. A letter from the General Counsel, and Rehabilitation Services (RIN: 2900–AJ04) 10744. A letter from the General Counsel, Department of Transportation, transmitting received August 19, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Veterans’ the Department’s final rule—Airworthiness Directives; McDonnell Douglas Model DC–9– Affairs. Directives; Empresa Brasileira de 80 Series Airplanes and Model MD–88 Air- 10764. A letter from the Director, Office of Aeronautica S.A. (EMBRAER) Model EMB– planes [Docket No. 97–NM–20–AD; Amend- Regulations Management, Department of 145 Series Airplanes [Docket No. 97–NM–279– ment 39–10708; AD 98–17–06] (RIN: 2120–AA64) Veterans Affairs, transmitting the Depart- AD; Amendment 39–10555; AD 98–11–30] (RIN: received August 21, 1998, pursuant to 5 U.S.C. ment’s final rule— Civilian Health and Medi- 2120–AA64) received August 13, 1998, pursuant 801(a)(1)(A); to the Committee on Transpor- cal Program of the Department of Veterans to 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. Affairs (CHAMPVA) (RIN: 2900–AE64) re- Transportation and Infrastructure. 10754. A letter from the General Counsel, ceived August 21, 1998, pursuant to 5 U.S.C. 10745. A letter from the General Counsel, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Veterans’ Department of Transportation, transmitting the Department’s final rule—Amendment of Affairs. 10765. A letter from the Chief, Regulations the Department’s final rule—Airworthiness Class E Airspace; Akron, CO [Airspace Dock- Unit, Internal Revenue Service, transmitting Directives; Bombardier Model CL–215–1A10 et No. 98–ANM–10] received August 21, 1998, the Service’s final rule—Qualified Non- and CL–215–6B11 Series Airplanes [Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- recourse Financing Under Section 465(b)(6) No. 98–NM–05–AD; Amendment 39–10458] mittee on Transportation and Infrastruc- [TD–8777] (RIN: 1545–AV17) received August (RIN: 2120–AA64) received August 13, 1998, ture. 12, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10755. A letter from the General Counsel, the Committee on Ways and Means. mittee on Transportation and Infrastruc- Department of Transportation, transmitting 10766. A letter from the Chief, Regulations ture. the Department’s final rule—Amendment of Unit, Internal Revenue Service, transmitting 10746. A letter from the General Counsel, Class E Airspace; Pueblo, CO. [Airspace the Service’s final rule—Examination of re- Department of Transportation, transmitting Docket No. 98–ANM–01] received August 21, turns and claims for refund, credit, or abate- the Department’s final rule—Airworthiness 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment; determination of correct tax liability Directives; CFM International CFM56–3,-3B,- Committee on Transportation and Infra- [RP–112856–98] received August 24, 1998, pur- 3C,-5,-5B, and -5C Series Turbofan Engines structure. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- [Docket No. 97–ANE–54–AD; Amendment 39– 10756. A letter from the General Counsel, tee on Ways and Means. 10523, AD 98–10–11] (RIN: 2120–AA64) received Department of Transportation, transmitting 10767. A letter from the Chief, Regulations August 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Modification of Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Transpor- Class E Airspace; Superior, WI [Airspace the Service’s final rule—Weighted Average tation and Infrastructure. Docket No. 98–AGL–38] received August 21, Interest Rate Update (Notice 98–44) received 10747. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the August 24, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Ways and the Department’s final rule—Airworthiness structure. Means. Directives; Pilatus Aircraft Ltd. Models PC– 10757. A letter from the General Counsel, 10768. A letter from the Chief of Staff, So- 12 and PC–12/45 Airplanes [Docket No. 98–CE– Department of Transportation, transmitting cial Security Administration, transmitting 40–AD; Amendment 39–10608; AD 98–11–01 R1] the Department’s final rule—Modification of the Administration’s final rule—Federal Old- (RIN: 2120–AA64) received August 13, 1998, Class E Airspace; Moorhead, MN [Airspace Age, Survivors, and Disability Insurance and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Docket No. 98–AGL–40] received August 21, Supplemental Security Income for the Aged, mittee on Transportation and Infrastruc- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Blind, and Disabled; Standards of Conduct ture. Committee on Transportation and Infra- for Claimant Representatives [Regulations 10748. A letter from the General Counsel, structure. Nos. 4 and 16] (RIN: 0960–AD73) received Au- Department of Transportation, transmitting 10758. A letter from the General Counsel, gust 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Ways and Directives; Cessna Model 750 Citation X Se- the Department’s final rule—Modification of Means. ries Airplanes [Docket No. 98–NM–208–AD; Class E Airspace; Glenwood, MN [Airspace 10769. A letter from the Director, Office of Amendment 39–10693; AD 98–16–17] (RIN: 2120– Docket No. 98–AGL–39] received August 21, Regulatory Management and Information, AA64) received August 13, 1998, pursuant to 5 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- ting the Agency’s final rule—Triasulfuron; Transportation and Infrastructure. structure. Pesticide Tolerance [OPP–300700; FRL 6023–8] 10749. A letter from the General Counsel, 10759. A letter from the General Counsel, (RIN: 2070–AB78) received August 13, 1998, Department of Transportation, transmitting Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Standard In- the Department’s final rule—Establishment mittee on Agriculture. strument Approach Procedures; Miscellane- of Class E Airspace; Slayton, MN [Airspace 10770. A letter from the Chairman and ous Amendments [Docket No. 29300; Amdt. Docket No. 98–AGL–35] received August 21, Chief Executive Officer, Farm Credit Admin- No. 1885] (RIN: 2120–AA65) received August 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the istration, transmitting the Farm Credit Ad- 21, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Transportation and Infra- ministration 1997 Report on the Financial the Committee on Transportation and Infra- structure. Condition and Performance of the Farm structure. 10760. A letter from the General Counsel, Credit System, pursuant to 12 U.S.C. 10750. A letter from the General Counsel, Department of Transportation, transmitting 2252(a)(3); to the Committee on Agriculture. Department of Transportation, transmitting the Department’s final rule—Removal of 10771. A letter from the Principal Deputy, the Department’s final rule—Standard In- Class D Airspace and Class E Airspace; Acquisition and Technology, Department of strument Approach Procedures; Miscellane- Willoughby, OH [Airspace Docket No. 98– Defense, transmitting the Selected Acquisi- ous Amendments [Docket No. 29299; Amdt. AGL–36] received August 21, 1998, pursuant to tion Reports (SARS) for the quarter ending No. 1884] (RIN: 2120–AA65) received August 5 U.S.C. 801(a)(1)(A); to the Committee on June 30, 1998, pursuant to 10 U.S.C. 2432; to 21, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. the Committee on National Security. H7492 CONGRESSIONAL RECORD — HOUSE September 9, 1998 10772. A letter from the Secretary of De- ing between the U.S. and the United King- Plan for the Employees of the Seventh Farm fense, transmitting the retirement of Lieu- dom concerning activities in Air Command, Credit District as required by Public Law 95– tenant General Joseph W. Kinzer, United Control and Communication, pursuant to 22 595, pursuant to 31 U.S.C. 9503(a)(1)(B); to the States Army, and his advancement to the U.S.C. 2767(f); to the Committee on Inter- Committee on Government Reform and grade of lieutenant general on the retired national Relations. Oversight. list; to the Committee on National Security. 10783. A letter from the Acting Director, 10795. A letter from the Chairman, Merit 10773. A letter from the Vice Chair, Export- Defense Security Assistance Agency, trans- Systems Protection Board, transmitting the Import Bank of the United States, transmit- mitting notification concerning the Depart- U.S. Merit Systems Protection Board report, ting a report involving U.S. exports to Peo- ment of the Navy’s proposed Letter(s) of ‘‘Civil Service Evaluation: The Evolving ple’s Republic of China (China), pursuant to Offer and Acceptance (LOA) to the Taipei Role of the U.S. Office of Personnel Manage- 12 U.S.C. 635(b)(3)(i); to the Committee on Economic and Cultural Representative Office ment,’’ pursuant to 5 U.S.C. 1206; to the Com- Banking and Financial Services. in the United States for defense articles and mittee on Government Reform and Over- 10774. A letter from the President and Chief services (Transmittal No. 98–55), pursuant to sight. Executive Officer, Corporation for Public 22 U.S.C. 2776(b); to the Committee on Inter- 10796. A letter from the Chairman, Na- Broadcasting, transmitting the triennial as- national Relations. tional Labor Relations Board, transmitting a sessment of the needs of minority and di- 10784. A letter from the Assistant Sec- report of activities under the Freedom of In- verse audiences and the Corporation’s annual retary for Legislative Affairs, Department of formation Act from January 1, 1997 to Sep- report on the provision of services to minor- State, transmitting notification of a pro- tember 30, 1997, pursuant to 5 U.S.C. 552(d); ity and diverse audiences by public broad- posed Manufacturing License Agreement for to the Committee on Government Reform casting entities and public telecommuni- production of major military equipment and Oversight. cation entities, pursuant to Public Law 100— with the United Kingdom (Transmittal No. 10797. A letter from the Special Counsel, 626, section 9(a) (102 Stat. 3211); to the Com- DTC 94–98), pursuant to 22 U.S.C. 2776(d); to Office of Special Counsel, transmitting the mittee on Commerce. the Committee on International Relations. Annual Report of the Office of the Special 10775. A letter from the General Counsel, 10785. A letter from the Assistant Sec- Counsel (OSC) for Fiscal Year (FY) 1997, pur- Department of Transportation, transmitting retary for Legislative Affairs, Department of suant to Public Law 101—12, section 3(a)(11) the Department’s final rule—Federal Motor State, transmitting certification of a pro- (103 Stat. 29); to the Committee on Govern- Vehicle Safety Standards; Lamps, Reflective posed license for the export of defense arti- ment Reform and Oversight. Devices and Associated Equipment [Docket cles or defense services sold under a contract 10798. A letter from the Secretary of the No. NHTSA–98–4268] (RIN: 2127–AG84) re- to Israel (Transmittal No. DTC 90–98), pursu- Treasury, transmitting the enclosed United ceived August 7, 1998, pursuant to 5 U.S.C. ant to 22 U.S.C. 2776(c); to the Committee on States Mint (Mint) 1997 Annual Report in- 801(a)(1)(A); to the Committee on Commerce. International Relations. cluding financial statements, audit reports, 10776. A letter from the Chairman, Nuclear 10786. A letter from the Assistant Sec- and other information related to the Public Regulatory Commission, transmitting a re- retary for Legislative Affairs, Department of Enterprise Fund (PEF) activity for the fiscal port on the nondisclosure of safeguards in- State, transmitting a report to Congress on year ended September 30, 1997; to the Com- formation for the quarter ending June 30, the Czech Republic’s status as an adherent mittee on Government Reform and Over- 1998, pursuant to 42 U.S.C. 2167(e); to the to the Missile Technology Control Regime sight. Committee on Commerce. (MTCR), pursuant to 22 U.S.C. 2797b—1; to 10799. A letter from the Director, Financial 10777. A communication from the President the Committee on International Relations. Services, Library of Congress, transmitting a of the United States, transmitting a report 10787. A letter from the Assistant Sec- report on the activity of the Capitol Preser- on developments since his last report of Feb- retary for Legislative Affairs, Department of vation Fund for the first six-months of fiscal ruary 3, 1998, concerning the national emer- States, transmitting a report to Congress on year 1998 which ended on March 31, 1998; to gency with respect to Iraq that was declared Ukraine’s status as an adherent to the Mis- the Committee on House Oversight. in Executive Order No. 12722 of August 2, sile Technology Control Regime (MTCR), 10800. A letter from the Deputy Associate 1990, pursuant to 50 U.S.C. 1703(c); (H. Doc. pursuant to 22 U.S.C. 2797b—1; to the Com- Director for Royalty Management, Depart- No. 105—300); to the Committee on Inter- mittee on International Relations. ment of the Interior, transmitting Proposed national Relations and ordered to be printed. 10788. A communication from the President refunds of excess royalty payments in OCS 10778. A communication from the President of the United States, transmitting the Presi- areas, pursuant to 43 U.S.C. 1339(b); to the of the United States, transmitting a report dent’s bimonthly report on progress toward a Committee on Resources. on additional steps taken with respect to the negotiated settlement of the Cyprus problem 10801. A letter from the General Counsel, actions and policies of the National Union covering the period April 1 to May 31, 1998, Department of Transportation, transmitting for the Total Independence of Angola pursuant to 22 U.S.C. 2373(c); to the Commit- the Department’s final rule—Airworthiness (UNITA), pursuant to 50 U.S.C. 1703(c); (H. tee on International Relations. Directives; Hartzell Propeller Inc. HC-E4A– Doc. No. 105—301); to the Committee on 10789. A letter from the Assistant Legal 3(A,I,J) Series Propellers [Docket No. 98– International Relations and ordered to be Adviser for Treaty Affairs, Department of ANE–53–AD; Amendment 39–10706; AD 98–17– printed. State, transmitting Copies of international 04] (RIN: 2120–AA64) received August 21, 1998, 10779. A letter from the Acting Director, agreements, other than treaties, entered into pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Defense Security Assistance Agency, trans- by the United States, pursuant to 1 U.S.C. mittee on Transportation and Infrastruc- mitting a copy of Transmittal No. 17–98 112b(a); to the Committee on International ture. which constitutes a Request for Final Ap- Relations. 10802. A letter from the Secretary of Trans- proval for the Memorandum of Understand- 10790. A letter from the Director, Defense portation, transmitting the issues and bene- ing with Canada and the United Kingdom for Security Assistance Agency, transmitting fits of completing the highway between Pan- trilateral technology research and develop- the annual report on Military Assistance, ama and Columbia known as the Darien Gap; ment projects (TTRDP), pursuant to 22 Military Exports, and Military Imports; to to the Committee on Transportation and In- U.S.C. 2767(f); to the Committee on Inter- the Committee on International Relations. frastructure. national Relations. 10791. A letter from the Assistant Sec- 10803. A letter from the Secretary of 10780. A letter from the Director, Defense retary for Legislative Affairs, Department of Health and Human Services, transmitting Security Assistance Agency, transmitting a State, transmitting a report on Poland’s sta- the twenty-first annual report on the Child copy of Transmittal No. 19–98 which con- tus as adherent to the Missile Technology Support Enforcement Program, pursuant to stitutes a Request for Final Approval to con- Control Regime, pursuant to section 73A of 42 U.S.C. 652(a)(10); to the Committee on clude Amendment 1 to the U.S.-United King- the Arms Export Control Act; to the Com- Ways and Means. dom Antiship Countermeasures Missile mittee on International Relations. 10804. A letter from the National Director, Memorandum of Understanding (MOU), pur- 10792. A letter from the Secretary of Com- Tax Forms and Publications Division, Inter- suant to 22 U.S.C. 2767(f); to the Committee merce, transmitting a report to Congress nal Revenue Service, transmitting the Serv- on International Relations. that the Secretary of Commerce is imposing ice’s final rule— General Statement Regard- 10781. A letter from the Director, Defense on the Federal Republic of Yugoslavia (Ser- ing Revenue Procedure 98–44—received Au- Security Assistance Agency, transmitting a bia and Montenegro) certain foreign policy- gust 7, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); copy of Transmittal No. 18–98 which con- based export controls; to the Committee on to the Committee on Ways and Means. stitutes a Request for Final Approval of a International Relations. 10805. A letter from the Secretary of Supplement for Accession of Spain to the 10793. A letter from the Director, Office of Health and Human Services, transmitting NATO E–3A Cooperative Program Multilat- Personnel Management, transmitting a re- the first annual report on the operation of eral Memorandum of Understanding port entitled, ‘‘Physicians Comparability Al- the Temporary Assistance for Needy Fami- (MMOU), pursuant to 22 U.S.C. 2767(f); to the lowances,’’ pursuant to 5 U.S.C. 5948(j)(1); to lies (TANF) Contingency Fund; to the Com- Committee on International Relations. the Committee on Government Reform and mittee on Ways and Means. 10782. A letter from the Acting Director, Oversight. 10806. A letter from the Director, Office of Defense Security Assistance Agency, trans- 10794. A letter from the Manager, Em- Administration and Management, Depart- mitting a copy of Transmittal No. 14–98 ployee Benefits/Payroll, AgriBank, transmit- ment of Defense, transmitting the annual re- which constitutes a Request for Final Ap- ting transmitting the annual report disclos- port of cross-servicing and acquisition ac- proval for the Memorandum of Understand- ing the financial condition of the Retirement tions undertaken pursuant to Acquisition September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7493 and Cross-Servicing Agreements with coun- Mr. YOUNG of Alaska: Committee on Re- REPORTS OF COMMITTEES ON PRI- tries that are not part of the North Atlantic sources. H.R. 1983. A bill to amend the Rhode VATE BILLS AND RESOLUTIONS Treaty Organization (NATO) or its subsidi- Island Indian Claims Settlement Act to con- ary bodies, pursuant to 10 U.S.C. 2349; jointly form that Act with the judgments of the Under clause 2 of rule XIII, reports of to the Committees on National Security and United States Federal Courts regarding the committees were delivered to the Clerk International Relations. rights and sovereign status of certain Indian for printing and reference to the proper 10807. A letter from the Secretary of Tribes, including the Narragansett Tribe, calendar, as follows: Health and Human Services, transmitting a and for other purposes (Rept. 105–692). Re- Mr. SMITH of Texas: Committee on the Ju- report to Congress that the Department of ferred to the Committee of the Whole House diciary. H.R. 1794. A bill for the relief of Mai Health and Human Services is allotting on the State of the Union. Hoa ‘‘Jasmine’’ Salehi (Rept. 105–689). Re- emergency funds to eleven States; jointly to Mr. YOUNG of Alaska: Committee on Re- ferred to the Committee of the Whole House. the Committees on Commerce and Education sources. H.R. 2223. A bill to amend the Act Mr. SMITH of Texas: Committee on the Ju- and the Workforce. popularly known as the Recreation and Pub- 10808. A letter from the Assistant Sec- diciary. H.R. 1834. A bill for the relief of Mer- lic Purposes Act to authorize transfers of cedes Del Carmen Quiroz Martinez Cruz retary Legislative Affairs, Department of certain public lands or national forest lands State, transmitting the notification of our (Rept. 105–690). Referred to the Committee of to local education agencies for use for ele- the Whole House. intent to obligate funds for additional pro- mentary or secondary schools, including f gram proposals for purposes of Nonprolifera- public charter schools, and for other pur- tion and Disarmament Fund (NDF) activi- poses; with amendments (Rept. 105–693). Re- REPORTED BILL SEQUENTIALLY ties; jointly to the Committees on Inter- ferred to the Committee of the Whole House REFERRED national Relations and Appropriations. on the State of the Union. 10809. A letter from the Secretary of Trans- Mr. YOUNG of Alaska: Committee on Re- Under clause 5 of rule X, bills and re- portation, transmitting a report to Congress sources. H.R. 2776. A bill to amend the Act ports were delivered to the Clerk for on the threat from acts of terrorism to entitled ‘‘An Act to provide for the establish- printing, and bills referred as follows: United States ports and vessels operating ment of the Morristown National Historical [Pursuant to the order of the House on August from those ports; jointly to the Committees Park in the State of New Jersey, and for 6, 1998 the following report was filed on Au- on International Relations and Transpor- other purposes’’ to authorize the acquisition gust 21, 1998] tation and Infrastructure. of property known as the Warren property 10810. A letter from the Acting Comptroller (Rept. 105–694). Referred to the Committee of Mr. LEACH: Committee on Banking and General, Comptroller General, transmitting the Whole House on the State of the Union. Financial Services. H.R. 4321. A bill to pro- the report on General Accounting Office em- Mr. YOUNG of Alaska: Committee on Re- tect consumers and financial institutions by ployees detailed to congressional commit- sources. H.R. 3109. A bill to establish the preventing personal financial information tees as of July 17, 1998; jointly to the Com- Thomas Cole National Historic Site in the from being obtained from financial institu- mittees on Government Reform and Over- State of New York, and for other purposes; tions under false pretenses, with an amend- sight and Appropriations. ment; referred to the Committee on the Ju- 10811. A letter from the Assistant Sec- with amendments (Rept. 105–695). Referred to the Committee of the Whole House on the diciary for a period ending not later than retary for Legislative Affairs, Department of September 25, 1998, for consideration of such State, transmitting Certification that State of the Union. Mr. YOUNG of Alaska: Committee on Re- provisions of the bill and amendment as fall shrimp harvested with technology that may within the jurisdiction of that committee adversely affect certain species of sea turtles sources. H.R. 3797. A bill to compensate the Wyandotte Tribe of Oklahoma for the taking pursuant to clause 1(j), rule X. (Rept. 105–701, may not be imported into the United States Pt. 1). Ordered to be printed. unless the President makes specific certifi- of certain rights by the Federal Government, f cations to the Congress annually by May 1, and for other purposes (Rept. 105–696). Re- pursuant to Public Law 101—162, section ferred to the Committee of the Whole House on the State of the Union. TIME LIMITATION OF REFERRED 609(b)(2) (103 Sat. 1038); jointly to the Com- BILL mittees on Resources and Appropriations. Mr. YOUNG of Alaska: Committee on Re- 10812. A letter from the Secretary of sources. S. 1695. An act to authorize the Sec- Pursuant to clause 5 of rule X the fol- Health and Human Services, transmitting a retary of the Interior to study the suit- lowing action was taken by the Speak- report to Congress on the effectiveness and ability and feasibility of designating the er: appropriateness of current mechanisms for Sand Creek Massacre National Historic Site surveying and certifying skilled nursing fa- in the State of Colorado as a unit of the Na- [The following action occurred on August 21, cilities; jointly to the Committees on Ways tional Park System, and for other purposes 1998] and Means and Commerce. (Rept. 105–697). Referred to the Committee of H.R. 4393. Referral to the Committee on f the Whole House on the State of the Union. the Judiciary extended for a period ending Mr. DIAZ–BALART: Committee on Rules. not later than September 25, 1998. REPORTS OF COMMITTEES ON House Resolution 521. Resolution providing f PUBLIC BILLS AND RESOLUTIONS for consideration of the bill (H.R. 2863) to amend the Migratory Bird Treaty Act to PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of clarify restrictions under that Act on bait- Under clause 5 of Rule X and clause 4 committees were delivered to the Clerk ing, to facilitate acquisition of migratory for printing and reference to the proper bird habitat, and for other purposes (Rept. of Rule XXII, public bills and resolu- calendar, as follows: 105–698). Referred to the House Calendar. tions were introduced and severally referred, as follows: [Omitted from the Record of August 7, 1998] Mr. HASTINGS of Washington: Committee on Rules. House Resolution 522. Resolution Mr. LEACH: Committee on Banking and By Mr. THOMAS (for himself, Mr. providing for consideration of the bill (H.R. Financial Services. H.R. 219. A bill to estab- BONILLA, Mr. GIBBONS, Mr. FRANKS of 2538) to establish a Presidential commission lish a Federal program to provide reinsur- New Jersey, Mr. BOEHNER, and Mr. to determine the validity of certain land ance for State disaster insurance programs; JONES): claims arising out of the Treaty of Guada- with an amendment (Rept. 105–687). Referred H.R. 4522. A bill to clarify the income and lupe-Hidalgo of 1848 involving the descend- to the Committee of the Whole House on the gift tax consequences of catching and return- ants of persons who were Mexican citizens at State of the Union. ing record home run baseballs; to the Com- the time of the Treaty (Rept. 105–699). Re- mittee on Ways and Means. [Pursuant to the order of the House on August ferred to the House Calendar. By Mr. DAVIS of Virginia (for himself, 6, 1998, the following report was filed on Au- Mr. BURTON: Committee on Government Mr. MORAN of Virginia, and Mr. gust 21, 1998] Reform and Oversight. H.R. 4259. A bill to WOLF): Mr. LEACH. Committee on Banking and allow Haskell Indian Nations University and H.R. 4523. A bill to make technical correc- Financial Services. H.R. 4393. A bill to revise the Southwestern Indian Polytechnic Insti- tions to the National Capital Revitalization the banking and bankruptcy insolvency laws tute each to conduct a demonstration and Self-Government Improvement Act of with respect to the termination and netting project to test the feasibility and desirabil- 1997; to the Committee on Government Re- of financial contracts, and for other purposes ity of new personnel management policies form and Oversight. (Rept. 105–688, Pt. 1). Ordered to be printed. and procedures, and for other purposes (Rept By Mr. BARR of Georgia: [Submitted September 9, 1998] 105–700, Pt. 1). Ordered to be printed. H.R. 4524. A bill to prevent the expenditure Mr. YOUNG of Alaska: Committee on Re- DISCHARGE OF COMMITTEE of Federal funds to investigate cir- sources. H.R. 1110. A bill to designate a por- cumstances relating to the death of Martin [The following action occurred on August 21, tion of the Sudbury, Assabet, and Concord Luther King, Jr.; to the Committee on the 1998] Rivers as a component of the National Wild Judiciary. and Scenic Rivers System (Rept. 105–691). Re- Pursuant to clause 5 of rule X the By Mr. BLUMENAUER (for himself, ferred to the Committee of the Whole House Committee on Commerce discharged Ms. FURSE, and Ms. HOOLEY of Or- on the State of the Union. from further consideration of H.R. 4393. egon): H7494 CONGRESSIONAL RECORD — HOUSE September 9, 1998

H.R. 4525. A bill to provide further protec- to the Committee on the Judiciary, for a pe- H.R. 2699: Mr. MCDADE. tions for the watershed of the Little Sandy riod to be subsequently determined by the H.R. 2704: Mr. MCHALE. River as part of the Bull Run Watershed Speaker, in each case for consideration of H.R. 2708: Mr. SNOWBARGER, Mr. FOX of Management Unit, Oregon, and for other such provisions as fall within the jurisdic- Pennsylvania, Mr. FALEOMAVAEGA, and Mr. purposes; to the Committee on Resources, tion of the committee concerned. STENHOLM. and in addition to the Committee on Agri- By Mr. TALENT: H.R. 2723: Mr. EVERETT. culture, for a period to be subsequently de- H. Res. 520. A resolution congratulating H.R. 2817: Mr. RAMSTAD and Mr. BROWN of termined by the Speaker, in each case for Mark McGwire of the St. Louis Cardinals for Ohio. consideration of such provisions as fall with- breaking the Major League Baseball single- H.R. 2828: Mr. KENNEDY of Massachusetts, in the jurisdiction of the committee con- season home run record; to the Committee and Mr. KING of New York. cerned. on Government Reform and Oversight. H.R. 2884: Mr. MCINTOSH. By Mr. CARDIN: By Mr. HASTINGS of Florida: H.R. 2900: Mr. WAXMAN. H.R. 4526. A bill to amend section 334 of the H. Res. 523. A resolution expressing the H.R. 2908: Mr. CRAMER, Mrs. ROUKEMA, Mr. Uruguay Round Agreements Act to clarify sense of the House of Representatives regard- MCHALE, Mr. BLUNT, Mr. MEEHAN, and Mr. the rules of origin with respect to certain ing the terrorist bombing of the United MINGE. textile products; to the Committee on Ways States Embassies in East Africa; to the Com- H.R. 2914: Mr. RAMSTAD and Mr. BOYD. and Means. mittee on International Relations. H.R. 2923: Mr. SHAYS, Mrs. JOHNSON of Con- By Mr. FRANKS of New Jersey: By Mr. SAXTON (for himself and Mr. necticut, Mr. BAESLER, and Mr. RILEY. H.R. 2938: Ms. EDDIE BERNICE JOHNSON of H.R. 4527. A bill to provide for the exten- SMITH of New Jersey): sion of the New Jersy Coastal Heritage Trail H. Res. 524. A resolution congratulating Texas and Mr. PARKER. H.R. 2953: Mr. SERRANO. into the Township of Woodbridge, New Jer- the Toms River East American Little League H.R. 3008: Mr. TRAFICANT, Mr. BISHOP, Ms. sey; to the Committee on Resources. team of Toms River, New Jersey, for winning DANNER, Mrs. LOWEY, Mr. CAMPBELL, Mr. By Mr. FRANKS of New Jersey: the Little League World Series; to the Com- ADERHOLT, Mrs. BONO, Mr. TURNER, and Mr. H.R. 4528. A bill to direct the Secretary of mittee on Government Reform and Over- ORTIZ. Transportation to not require that the State sight. of New Jersey repay Federal-aid highway H.R. 3011: Ms. LOFGREN. funds expended on certain high occupancy f H.R. 3014: Mr. MARTINEZ. H.R. 3048: Mr. FOX of Pennsylvania. vehicle lanes; to the Committee on Trans- MEMORIALS portation and Infrastructure. H.R. 3207: Mr. CUMMINGS. H.R. 3248: Mr. HUNTER, Mr. TAYLOR of By Mr. HYDE: Under clause 4 of rule XXII, memori- North Carolina, Mr. HORN, Mrs. BONO, and H.R. 4529. A bill to codify without sub- als were presented and referred as fol- Mr. METCALF. stantive change laws related to Patriotic and lows: National Observances, Ceremonies, and Orga- H.R. 3304: Mr. HYDE and Ms. DUNN of Wash- 392. The SPEAKER presented a memorial nizations and to improve the United States ington. of the Legislature of the Commonwealth of H.R. 3320: Mr. MORAN of Virginia, Ms. Code; to the Committee on the Judiciary. The Mariana Islands, relative to House Reso- WOOLSEY, Ms. HOOLEY of Oregon, and Mr. By Mr. LAHOOD: H.R. 4530. A bill to direct the Adminis- lution No. 11–67 endorsing and supporting the DIXON. trator of the Federal Aviation Administra- extraordinary service of Congressman Dan H.R. 3500: Mr. JEFFERSON, Mrs. THURMAN, tion to implement reforms to the Liaison Burton to his country; to the Committee on and Mr. BENTSEN. H.R. 3531: Mr. SHAYS, Mr. ENGEL, Ms. and Familiarization Training program; to Resources. BROWN of Florida, Mr. DELAHUNT, Mr. LEWIS the Committee on Transportation and Infra- 393. Also, a memorial of the Legislature of of Georgia, and Mrs. MORELLA. structure. the State of Alaska, relative to transmitting H.R. 3553: Mr. VENTO, Mr. SMITH of New By Mr. LAMPSON (for himself, Mr. a copy of SCS HJR 52 (RES), Relating to opposition to the designation of any river in Jersey, Mr. WEYGAND, Mr. EDWARDS, and Mr. SANDLIN, and Mr. CRAMER): H.R. 4531. A bill to amend the Child Abuse Alaska as an American Heritage River under OLVER. H.R. 3567: Ms. BROWN of Florida and Mr. Prevention and Treatment Act to require the American Heritage Rivers initiative; to VISCLOSKY. States receiving funds under section 106 of the Committee on Resources. H.R. 3570: Mrs. KENNELLY of Connecticut, such Act to have in effect a State law provid- H.R. 45: Mr. TRAFICANT and Mrs. CAPPS. Mr. WYNN, and Mr. MALONEY of Connecticut. ing for a criminal penalty on an individual H.R. 218: Mr. BLUNT and Ms. PRYCE of Ohio. H.R. 3624: Ms. CHRISTIAN-GREEN. who fails to report witnessing another indi- H.R. 326: Mr. FOSSELLA. H.R. 3688: Mr. HORN, Mr. THOMAS, and Mr. vidual engaging in sexual abuse of a child; to H.R. 457: Mr. MCHUGH. BRADY of Texas. the Committee on Education and the Work- H.R. 594: Mr. GILMAN and Mr. MALONEY of H.R. 3690: Mr. INGLIS of South Carolina. force. Connecticut. H.R. 678: Ms. LEE. H.R. 3764: Mrs. EMERSON. By Mr. SOLOMON: H.R. 3779: Mr. ENSIGN, Ms. SLAUGHTER, Ms. H.R. 4532. A bill to amend the Crime Con- H.R. 815: Mr. CASTLE. VELAZQUEZ, Mr. PALLONE, and Mr. YATES. trol Act of 1990 to prohibit law enforcement H.R. 859: Mr. BACHUS and Mr. ENGLISH of Pennsylvania. H.R. 3782: Mr. VENTO. agencies from imposing a waiting period be- H.R. 3855: Mr. DAN SCHAEFER of Colorado, H.R. 1032: Mr. ADAM SMITH of Washington. fore accepting reports of missing children Ms. SANCHEZ, Mr. STARK, and Mr. SISISKY. H.R. 1061: Ms. SLAUGHTER, Mr. ADERHOLT, less than 21 years of age; to the Committee H.R. 3881: Mr. POMEROY. and Mr. BOEHLERT. on the Judiciary. H.R. 3895: Mr. MARKEY and Mr. H.R. 1126: Mr. BOB SCHAFFER, Mr. MEEHAN, By Mr. STARK: BLUMENAUER. Mr. ADERHOLT, Mr. STOKES, Mr. HEFLEY, and H.R. 4533. A bill to amend title XVIII of the H.R. 3962: Mr. TAUZIN. Mr. Dreier. Social Security Act to rectify overpayment H.R. 3992: Mr. BECERRA. INCHEY URNER to certain long-term care hospitals; to the H.R. 1356: Mr. H and Mr. T . H.R. 4006: Mr. EVERETT. Committee on Ways and Means. H.R. 1371: Mr. HERGER. H.R. 4007: Mr. SHADEGG, Mr. SHUSTER, and By Mr. STARK: H.R. 1401: Mr. TORRES, Mr. BEREUTER, Mr. Mr. LAMPSON. H.R. 4534. A bill to amend title XVIII of the GANSKE, and Mr. KENNEDY of Rhode Island. H.R. 4019: Mr. HANSEN, Mr. WEXLER, Mr. Social Security Act to implement a budget- H.R. 1450: Mr. COYNE. SHAYS, Mr. PETERSON of Minnesota, Mr. neutral payment system for rehabilitation H.R. 1560: Ms. DEGETTE. WICKER, Mr. ETHERIDGE, Mr. ROTHMAN, and services under part B of the Medicare Pro- H.R. 1738: Mr. BILBRAY. Ms. SANCHEZ. gram; to the Committee on Commerce, and H.R. 1891: Mr. HYDE and Mrs. ROUKEMA. H.R. 4031: Mr. BROWN of Ohio and Mr. MAR- in addition to the Committee on Ways and H.R. 1895: Mr. FILNER, Mr. MATSUI, Mrs. KEY. Means, for a period to be subsequently deter- MINK of Hawaii, and Ms. LOFGREN. H.R. 4070: Ms. HOOLEY of Oregon and Mr. mined by the Speaker, in each case for con- H.R. 2020: Mr. COSTELLO, Mrs. LOWEY, and FARR of California. sideration of such provisions as fall within Mr. THOMPSON. H.R. 4080: Mr. SERRANO. the jurisdiction of the committee concerned. H.R. 2133: Mr. PORTER. H.R. 4115: Mr. MCDERMOTT and Mr. KEN- By Mr. WATKINS: H.R. 2321: Ms. PRYCE of Ohio. NEDY of Rhode Island. H.R. 4535. A bill to provide relief for agri- H.R. 2409: Mr. UNDERWOOD, Mr. ROGAN, Mr. H.R. 4118: Mr. ACKERMAN. cultural producers devastated by low com- DIXON, and Mr. RANGEL. H.R. 4121: Mr. MURTHA and Mr. RAHALL. modity prices and adverse weather condi- H.R. 2499: Mr. TOWNS, Mr. LEACH, Ms. H.R. 4127: Ms. FURSE. tions; to the Committee on Agriculture. PELOSI, Ms. FURSE, and Mr. MICA. H.R. 4132: Mr. DOOLITTLE and Mr. SHAYS. By Mr. WOLF (for himself, Mr. SAXTON, H.R. 2509: Mr. BILIRAKIS. H.R. 4155: Mr. VENTO. Mrs. MYRICK, Mr. FROST, Mr. BOB H.R. 2549: Mr. ROMERO-BARCELO, Ms. LEE, H.R. 4181: Mr. FRANKS of New Jersey. SCHAFFER, Ms. KILPATRICK, Mr. HORN, Mr. FOX of Pennsylvania, and Ms. HOOLEY of H.R. 4196: Mr. CRAPO and Mr. TAYLOR of Mr. MCCOLLUM, and Mr. GILMAN): Oregon. North Carolina. H.R. 4536. A bill to establish a National H.R. 2639: Mr. MCCOLLUM and Mr. H.R. 4197: Mr. BARTON of Texas, Mr. TAY- Commission on Terrorism; to the Committee HILLEARY. LOR of North Carolina, Mr. MORAN of Kansas, on International Relations, and in addition H.R. 2693: Mr. MCDADE. Mr. GIBBONS, and Mr. HERGER. September 9, 1998 CONGRESSIONAL RECORD — HOUSE H7495

H.R. 4206: Mr. OBEY and Ms. CHRISTIAN- H.R. 4433: Mr. BROWN of Ohio and Mr. H. Res. 519: Mr. ACKERMAN and Mr. MILLER GREEN. UNDERWOOD. of Florida. H.R. 4213: Mr. BOEHLERT, Mr. GOODE, Mr. H.R. 4449: Mr. WHITFIELD, Mr. NORWOOD, BOUCHER, and Mr. COX of California. Mr. SESSIONS, Mr. METCALF, Mr. TAYLOR of f H.R. 4214: Mr. MANTON. North Carolina, Mr. ETHERIDGE, Mr. JONES, H.R. 4217: Mr. MORAN of Kansas and Mr. Mr. SANDLIN, Mr. GUTKNECHT, and Mr. PETITIONS, ETC. LATOURETTE. HUTCHINSON. H.R. 4220: Ms. HOOLEY of Oregon, Mr. H.R. 4450: Ms. NORTON, Mr. SANDERS, Mr. Under clause 1 of rule XXII, petitions REDMOND, Mrs. EMERSON, and Mr. ORTIZ. BROWN of Ohio, Mr. MANTON, Mr. FRANK of and papers were laid on the clerk’s H.R. 4224: Mrs. THURMAN, Ms. CARSON, Ms. Massachusetts, and Mr. FROST. desk and referred as follows: CHRISTIAN-GREEN Mr. THOMPSON, and Mr. H.R. 4478: Mr. HINCHEY. EVANS. H.R. 4479: Mr. HINCHEY. 73. The SPEAKER presented a petition of H.R. 4232: Mr. SANFORD. H.R. 4480: Mr. FROST, Mr. FILNER, and Mr. Citizens of Washington, D.C., relative to pe- H.R. 4258: Mr. ADERHOLT, Mrs. BONO, Mr. KILDEE. titioning the United States Congress to take CALVERT, Mr. DIAZ-BALART, Mr. FROST, Mr. H.R. 4489: Mr. GEJDENSON and Mr. PRICE of prompt action by enacting legislation to pro- HALL OF TEXAS, MR. KASICH, Mr. LAZIO of North Carolina. vide the citizens of the District with full vot- New York, Ms. PRYCE of Ohio, Mrs. LINDA H.R. 4492: Mr. BEREUTER, Mrs. THURMAN, ing representation; to the Committee on the SMITH of Washington, and Mr. SOLOMON. and Mr. MINGE. Judiciary. H.R. 4281: Mr. SANFORD and Mr. DOOLITTLE. H.R. 4506: Mr. EVANS and Mr. PORTER. 74. Also, a petition of the Legislature of H.R. 4285: Mr. COLLINS, Mr. NUSSLE, Mr. H.J. Res. 98: Mr. SOLOMON. Rockland County, New York, relative to Res- BLUNT, and Mr. LEWIS of Georgia. H.J. Res. 123: Mrs. JOHNSON of Connecticut, olution No. 305 of 1998 expressing its support H.R. 4300: Mr. BRADY of Pennsylvania, Mr. Mr. BAKER, Mrs. WILSON, Mr. HOLDEN, and for the Hudson River Reassessment being SHERMAN, Mr. OXLEY, and Mr. CUNNINGHAM. Mr. ORTIZ. conducted by the U.S. EPA under the Super- H.R. 4308: Mr. BERMAN and Mr. SANDERS. H. Con. Res. 127: Mr. SHAYS. fund, including evaluation of traditional dis- H.R. 4309: Mr. BERMAN and Mr. SANDERS. H. Con. Res. 158: Mr. RADANOVICH. posal methods as well as innovative tech- H.R. 4330: Ms. DUNN of Washington. H. Con. Res. 184: Mrs. MCCARTHY of New nologies that can be used to destroy PCBs; H.R. 4344: Mr. FALEOMAVAEGA, Mr. York. jointly to the Committees on Commerce and ETHERIDGE, Mr. TIERNEY, Mr. NEY, Mr. PAS- H. Con. Res. 188: Mr. TALENT. Transportation and Infrastructure. TOR, Ms. ROYBAL-ALLARD, Ms. SLAUGHTER, H. Con. Res. 239: Mr. TALENT. Mr. TORRES, Mr. LIVINGSTON, Mr. STUMP, Mr. H. Con. Res. 292: Mr. FRANK of Massachu- f SNYDER, Mr. RANGEL, Mr. LEACH, Mr. KOLBE, setts and Ms. SLAUGHTER. Mr. KLECZKA, Mr. HALL of Texas, Mr. MENEN- H. Con. Res. 295: Mr. OXLEY, Mr. MORAN of DEZ, Ms. MCCARTHY of Missouri, Ms. VELAZ- AMENDMENTS Virginia, Mr. MANTON, Mr. CRANE, Mrs. QUEZ, Mr. VENTO, Mr. ORTIZ, Mr. BECERRA, MORELLA, Mr. RADANOVICH, Mr. DINGELL, Mr. Under clause 6 of rule XXIII, pro- and Mr. DICKEY. EHLERS, Mrs. KELLY, Mr. MOAKLEY, Mrs. H.R. 4350: Mr. GILLMOR. posed amendments were submitted as LAYTON OBSON YRICK H.R. 4362: Ms. CARSON, Ms. LOFGREN, Mr. C , Mr. H , Mrs. M , Mr. follows: PASCRELL, Mr. THOMPSON, and Mr. TRAFI- OLVER, Mrs. MINK of Hawaii, Mr. WAXMAN, H.R. 4274 CANT Mr. BORSKI, MS. BROWN of Florida, and Mr. . H. Con. Res. 304: Mr. MENENDEZ, Mr. MORAN OFFERED BY: MR. PETERSON OF GUTIERREZ. PENNSYLVANIA H.R. 4368: Mr. REDMOND. of Virginia, Mr. SERRANO, Mr. TRAFICANT, H.R. 4395: Mr. MCHUGH. Mr. LEVIN, Ms. PELOSI, Ms. KILPATRICK, and AMENDMENT NO. 4: Page 11, line 18 (de- H.R. 4398: Mr. FRANK of Massachusetts, Ms. Mr. HEFLEY. creased by $10,000,000) after $310,409,000). JACKSON-LEE of Texas, Mr. WAXMAN, Mr. FIL- H. Con. Res. 307: Mrs. MALONEY of New Page 53, line 17 (decreased by $90,000,000) NER, Ms. STABENOW, and Mr. FROST. York, Mr. FILNER, Mrs. LOWEY, Mr. PALLONE, after $861,500,000. H.R. 4399: Mr. FROST, Mr. BEREUTER, and and Mr. MCGOVERN. Page 58, line 26, insert (increased by Mr. Evans. H. Con. Res. 313: Mr. HEFLEY, Mrs. MCCAR- $100,000,000) after each dollar amount. H.R. 4402: Mr. JONES, Mr. HILLEARY, Mr. THY of New York, Mr. FROST, and Mr. TOWNS. H.R. 4274 BLUNT, Mr. FOSSELLA, and Mr. KNOLLENBERG. H. Res. 96: Mrs. CLAYTON, Mr. SERRANO, H.R. 4403: Mr. FILNER. and Ms. NORTON. OFFERED BY: MR. PETERSON OF H.R. 4404: Mr. MURTHA, Mr. RODRIGUEZ, Mr. H. Res. 304: Mr. RIGGS, Mr. SALMON, Mr. PENNSYLVANIA RILEY, Mr. POSHARD, Mr. DEFAZIO, Mr. AN- POMBO, Mr. COMBEST, Mr. STEARNS, Mr. BOB AMENDMENT NO. 5: Page 53, line 17 (de- DREWS, Mr. FROST, Mr. DUNCAN, Mr. DOYLE, SCHAFFER, and Mr. ROYCE. creased by $100,000,000) after $861,500,000. Ms. CARSON, Mr. ROMERO-BARCELO, Mr. POM- H. Res. 475: Ms. WOOLSEY, Mr. PAYNE, and Page 58, line 26, insert (increased by EROY, Mrs. TAUSCHER, and Mr. ISTOOK. Ms. DEGETTE. $100,000,000) after each dollar amount. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, SEPTEMBER 9, 1998 No. 118 Senate The Senate met at 8:59 a.m. and was now and 9:45 will be equally divided for Protection Act. That motion was not called to order by the President pro debate on that motion. I will be pleased successful. The vote was 59 in favor and tempore [Mr. THURMOND]. to control the time on the Republican 41 against. Therefore, we fell one vote side of the aisle and the distinguished short of invoking cloture so the Senate PRAYER Senator from Michigan, Senator LEVIN, could proceed to debate the American The Chaplain, Dr. Lloyd John will control the time on the other side Missile Protection Act. Ogilvie, offered the following prayer: in opposition. We have another chance today, Mr. Almighty God, infinite and eternal, The leader intends to resume consid- President, to go on record in favor of in Your being, wisdom, holiness, good- eration, after this issue is completed, considering this bill. So it should be ness, truth, and grace, we praise You of the Interior appropriations bill and, put in context what we are voting for for Your providential care of this Na- further, at 4:30 p.m. today, the Senate and what we are not voting for. We are tion. We humbly accept Your sov- will begin 30 minutes of debate prior to not voting to pass the bill without any ereignty over us and commit ourselves a cloture vote on the motion to proceed debate. That is not the issue. We are to emulate Your justice and truth. You to the bankruptcy bill. That vote is ex- voting to proceed to consider the bill. know each of us completely. Your light pected to occur at 5 p.m. Therefore, Now let us put in context what the of truth exposes our inner selves: our Members should expect rollcall votes facts are today as compared with last thoughts, feelings, and memories. We throughout today’s session, with the May when we fell just one vote short of can be unreservedly honest with You first vote occurring, as I said, at 9:45 voting to consider this bill. for You know everything. Now, Father, this morning. At the time we voted in May, India help us to be as open and honest with f had just tested—that very day—for the each other. We commit ourselves to CONGRATULATING MARK McGWIRE second time, a nuclear weapons device. mean what we say and to say what we ON HIS HISTORIC 62ND HOME RUN We were not aware that India was mean. going to conduct that test. Our intel- Thank You for the Senate and the Mr. COCHRAN. Mr. President, I ligence community was surprised. All mutual trust the Senators share. Bless think before we start debate on that the world was surprised. them today as they work together. cloture motion, we should recognize the tremendous accomplishment of We used that example to urge the May their differences be debated but Senate to change our current policy on never divide them as people. Strength- Mark McGwire who just broke Babe Ruth’s home run record, Roger Maris’ national missile defense, because the en their love for You and their loyalty current policy is that we will make a to America, enabling a oneness that home run record and any other record that anyone has had for hitting home decision to deploy a national missile will inspire the citizens of this great defense system if we learn that some Nation. Through our Lord and Savior. runs. The fact is that this is something we are all very happy to celebrate nation has developed the capacity to Amen. put us at risk, to threaten the security f today, and we join with all Americans in congratulating Mark McGwire on of American citizens with a ballistic RECOGNITION OF THE ACTING this magnificent accomplishment. missile system. MAJORITY LEADER f So the assumption is that our intel- The PRESIDENT pro tempore. The ligence community and our resources able acting majority leader, the Sen- AMERICAN MISSILE PROTECTION for learning things like this are so so- ator from Mississippi, is recognized. ACT OF 1998—MOTION TO PROCEED phisticated and so reliable that we will f The PRESIDING OFFICER (Mr. AL- be able to detect this, that we will have LARD). Under the previous order, there an early warning, that we will be able SCHEDULE will now be 45 minutes of debate on the to know well in advance of any nation Mr. COCHRAN. Mr. President, at the motion to proceed to S. 1873, the Amer- having the capability of inflicting dam- request of the majority leader, I am ican Missile Protection Act of 1998. age or destruction on America’s soil, pleased to announce that at 9:45 a.m. Mr. COCHRAN. Mr. President, the through a ballistic missile system, in this morning there will be a vote on issue we are debating this morning is enough time that we could deploy a na- the cloture motion on the motion to not new to the Senate. In May of this tional missile defense system. proceed to the consideration of the year, the Senate voted on a motion to Another consideration is that we missile defense bill, the American Mis- invoke cloture so that we could pro- have not yet developed a national missile Protection Act. The time between ceed to consider the American Missile sile defense system. We have various

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

S10045

. S10046 CONGRESSIONAL RECORD — SENATE September 9, 1998 programs that are being tested in var- ka. According to press reports, the ple who are cooperating in Iran right ious stages of development—theater Taepo Dong II would have the capacity now, and have in the past, to develop ballistic missile defense systems—that to destroy that area, as well as strik- systems that could inflict great dam- can defend us against regional attacks, ing Hawaii. age not only in that region but beyond. shorter-range attacks. But this bill is Now, the issue is, do we proceed with Now, some are saying that we al- talking about a national ballistic mis- the wait-and-see policy of this adminis- ready have authorization and funds in sile defense system and whether or not tration, or do we today vote to proceed the pipeline to develop these missile our policy should be to wait and see if to consider legislation that will change systems to protect us—interceptor mis- other countries develop the capability that policy, that will say as soon as siles—and we read about the testing to put us at risk and then decide—then technology permits, the United States that is going on of theater systems. decide—whether we should work to de- will deploy a national missile defense But we have no program that has as its ploy a system to protect against that system that will protect it against bal- goal the development and deployment kind of threat. listic missile attack, whether unau- of a missile defense that will protect What has changed since the vote in thorized or accidental or intentional. the United States against unauthor- May is that not only did Pakistan pro- We have all worried about accidental ized, accidental, or intentional ballis- ceed to test a nuclear device—we were and unauthorized launches from China tic missile attack. not sure they were going to do that— and Russia. We know those countries That is what this legislation address- they also had just recently tested a have the capability of striking us. But es. It has two parts. The first is recita- missile system that we did not know think about this other fact: What else tion of all of the facts that we have they had. We had been told a few has changed recently? been able to gather through hearings months earlier that they had a missile The United States has observed the over the last 2 years in our Sub- system that was in the 180 mile range. Russian Government slowly deterio- committee on International Security, They tested one that had a range of rate to the point that the command Proliferation, and Federal Services. We about 900 miles without our knowing and control structure of the military is have had hearings. We have published a they had the capability to do that, seriously in question. Who really con- report called Proliferation Primer. It without our knowing that they had trols the armed forces of Russia to the has been widely distributed. It docu- that missile. But they had acquired ei- point that you can rely upon the good ments the fact that throughout the ther the missile, the component parts, intentions of the Yeltsin government world there is a growing capability for or the design from other countries or not to target U.S. sites with their mis- the use of ballistic missiles. another country—according to press sile systems, their intercontinental We talk about how it is happening reports, North Korea was involved in ballistic missiles, the most lethal and and what people are saying who are in that—and they were able to actually accurate of any other country in the charge of those countries who are in- launch that across that distance, and it world, with multitudes of warheads, volved in this. It clearly, in our view, was a surprise to our intelligence com- nuclear-tipped warheads? We are sit- justified our asking this Congress to munity, to our country and to the ting here hoping and assuming that we legislate a change in our policy to world. can continue to work with Russia and carry out now the express rec- Those events occurred about the time whatever government does come out of ommendations of the Rumsfeld Com- we voted in May. Since then, look what the struggle for power there to con- mission, which has, since our vote in has happened. Iran has tested a longer- tinue to destroy nuclear weapons under May, given its report on the state of af- range missile than we expected them to Russian control rather than to build fairs regarding the ballistic missile have. North Korea has tested and has them up and make them more accurate threat to the United States. It was con- fired a multiple-stage ballistic missile. and lethal. cluded in that report that our intel- We had discussed the fact that that By the way, it is not like they have ligence community does not have the was possibly under development, the dismantled the nuclear weapon sys- capacity for making the early warning Taepo Dong missile. We are calling it tems in Russia. They exist. They are assessment that is contemplated under the Taepo Dong I because we are told lethal. They are capable of striking current administration policy. that there is a Taepo Dong II under de- anywhere in the United States they The Director of Central Intelligence velopment. That has been publicly re- might decide to strike, and we are glad has admitted in previous statements to ported in the press. that they don’t have any intention of the Senate that there are gaps and un- The missile that was tested the other doing that. But they have the capabil- certainties in the information that his day by North Korea, the multiple-stage ity of doing that and there could be an agency can obtain in making decisions missile, was fired over Japan. There unauthorized or accidental launch and about whether or not countries are de- was evidence that the missile actually we have absolutely no defense against veloping or have the capacity to deploy crossed the territory of Japan. Do you that kind of attack. We have been oper- ballistic missile systems that put our realize, Mr. President—I know Mem- ating under the assumption that we Nation at risk. Now that assessment bers of the Senate are aware—that we can assure them we will retaliate—we and that description of the situation have some 37,000 Americans deployed in have the capacity to—and we will de- has been borne out by those recent de- South Korea as a part of a defense sta- stroy any country who attempts to velopments. bility effort in that region, and we strike us in that way. That has been Admiral Jeremiah made a recent have more than that in Japan, in the the system for defense that we have study of our intelligence agencies in Okinawa area? had. the wake of some of these events, and The whole point is that if you con- We have had no defense. The defense he reported a similar problem. sider all of that, we have 80,000 Ameri- is that we will destroy you if you at- Given those facts, Mr. President, it cans who are at risk now because of the tack us in that way. That doesn’t work seems clear to me, the cosponsors of proven capability of North Korea and with North Korea or Iran or some other this legislation, and 59 Senators, that its new advanced missile capability. rogue states, leaders, and terrorists the time has come to change the policy We have gone to great lengths in the who have announced that it is their from wait and see to proceed as soon as last few years to dissuade North Korea stated goal to kill Americans and to technologically possible to deploy a na- from proceeding to develop nuclear destroy America and to build missile tional missile defense system to pro- weapons. We were very concerned that systems to do that or to sell missile tect the security interests of the they were proceeding to do just that. systems to those who want to do that. United States and its citizens. There is Some think that they have made sub- North Korea said just that. An official no higher responsibility that this Gov- stantial progress in doing just that. stated publicly that they are in the ernment has—no higher responsibility, Incidentally, the Taepo Dong II that business of selling missile systems. no priority any greater—than the secu- I just mentioned has the capacity of They need the money. That was the ex- rity of U.S. citizens. We are putting striking the territory of the United planation. We know that is true. They that security at risk, Mr. President, States. Many troops and military as- have sold missile systems; they have under the current policy. It is as clear sets and resources are located in Alas- sold component parts. Russia has peo- as anything can be. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10047 The time has come today—this morn- on Wednesday, as well as in an unclassified ‘‘operational’’ by the Pentagon, which puts ing at 9:45 a.m.—to vote to proceed to 27-page version, said the American intel- it in a position to threaten U.S. troops consider this proposal, which simply ligence community was wrong in relying on throughout that region. In April, Pakistan for the first time also calls for the deployment, as soon as the much-longer warning times. Rumsfeld said rogue nations, such as Iran tested a Nodong-design missile called the technology permits, of a national mis- and Iraq, had obtained sensitive missile Ghauri. sile defense system. technology, in part because of loosened ex- A congressional report released last week Mr. President, I urge Senators to port controls among industrialized nations. by a commission set up to assess the missile vote in support of the motion to invoke ‘‘Foreign assistance is not a wildcard,’’ threat said, ‘‘Iran is making very rapid cloture. Rumsfeld said. ‘‘It is a fact of our relaxed progress in developing the Shahab–3 me- I ask unanimous consent that several post-Cold-War world.’’ dium-range ballistic missiles. articles pertaining to this subject be Rumsfeld also said that these suspect ‘‘This missile may be flight tested at any countries had become more adept at conceal- time and deployed soon thereafter,’’ said the printed in the RECORD. ing their missile programs, making it more report by the commission, headed by former There being no objection, the mate- difficult for Western intelligence analysts to Defense Secretary Donald Rumsfeld. rial was ordered to be printed in the gauge a country’s progress and intentions. Iran also is building a longer-range RECORD, as follows: In a hastily called briefing for reporters, Shahab–4, which is expected to have a range [From the New York Times, July 16, 1998] senior intelligence officials said Wednesday of up to 1,240 miles—long enough to hit Cen- tral Europe. PANEL SAYS U.S. FACES RISK OF A SURPRISE that the commission had examined the same The Shahab—which means ‘‘meteor’’ in MISSILE ATTACK information available to government analysts, but had come to different conclusions. Farsi—was first disclosed by The Times last (By Eric Schmitt) These intelligence officials said that they year. WASHINGTON—Rogue nations or terrorists tended to focus on specific evidence to reach ‘‘The development of long-range ballistic could develop and deploy ballistic missiles their conclusions, assigning various degrees missiles is part of Iran’s effort to become a for an attack against the United States with of certainty to each assessment. major regional military power,’’ a Pentagon ‘‘little or no warning,’’ an independent com- The intelligence officials said the panel, of- official said recently. mission announced Wednesday. ficially titled the Commission to Assess the A second U.S. official said data on the mis- But senior American intelligence officials Ballistic Missile Threat to the United sile test are being evaluated by U.S. spy disputed the finding, which challenges a States, took the same information and, in agencies to determine in more detail its esti- longstanding intelligence estimate that no essence, assumed the worst about what was mated range, payload capacity and other country except Russia and China, which al- known for a particular country’s missile pro- characteristics. ready possess ballistic missiles, could hit gram, and drew its conclusions. ‘‘This is something that was anticipated by American targets, and that North Korea Rumsfeld concurred: ‘‘We came at this sub- the intelligence community,’’ this official could perhaps field long-range missiles be- ject as senior decision-makers would, who said. fore 2010. have to make difficult judgments based on The Shahab missile program has benefited The unanimous conclusions of the biparti- limited information.’’ greatly from Russian technology and mate- san commission, headed by former Defense For that reason, the report, even though it rials, as well as Chinese and North Korean Secretary Donald Rumsfeld, provide fresh was praised in particular by Republicans, is assistance, according to a CIA report on pro- ammunition for supporters of a national mis- likely to stoke the debate over ballistic mis- liferation released Tuesday. sile defense, and sharpen an election-year sile threats rather than be viewed as the de- The report said companies and agencies in issue that Republicans want to wield against finitive conclusion. Russia, China and North Korea ‘‘continued the administration and Democrats in Con- to supply missile-related goods and tech- gress. [From the Washington Times, July 23, 1998] nology to Iran’’ throughout last year. ‘‘It’s a very sobering conclusion,’’ said ‘‘Iran is using these goods and technologies IRAN TESTS MEDIUM-RANGE MISSILE Speaker Newt Gingrich, a strong supporter to achieve its goal of becoming self-suffi- of national missile defenses, who called on (By Bill Gertz) cient in the production of medium-range bal- the administration to work with Congress in Iran conducted its first test flight of a new listic missiles,’’ the report said. A medium- the next several months to address the medium-range missile Tuesday night, giving range missile is one with a range between 600 heightened threat as described in the report. the Islamic republic the capability of hitting and 1,800 miles. The United States has spent more than $40 Israel and all U.S. forces in the region with Russian assistance to Iran’s missile pro- billion since the Reagan administration to chemical or biological warheads, The Wash- gram has meant Tehran could deploy a me- build a space- or land-based defense against ington Times has learned. dium-range missile ‘‘much sooner than oth- ballistic missile strikes, but has yet to con- ‘‘It is a significant development because it erwise expected,’’ the CIA said. struct a workable network. puts all U.S. forces in the region at risk,’’ A U.S. intelligence official said recently Indeed, a report Wednesday by the General said one official familiar with the test. that Shahab–3 deployment was about one Accounting Office, the auditing arm of Con- U.S. intelligence agencies detected and year away and that before Russian help it gress, concluded that it is unlikely that a monitored the launch, which took place at a had been estimated to be up to three years program to develop a national missile de- missile range over land in northern Iran late from being fielded. fense will meet an important deadline in Tuesday night, said officials familiar with The Iranian Shahab program has been a 2000. intelligence reports. target of intense diplomatic efforts by the The commission did not address the merit The missile was identified as Iran’s new Clinton administration, which has been seek- of any particular defensive system, focusing Shahab–3 missile, which is expected to have ing to curtail Russian technology and mate- instead on the ballistic missile threat to the a range of 800 to 930 miles, far longer than rial assistance. United States. any of Iran’s current arsenal of short-range Asked to comment on the test, Rep. Curt ‘‘The major implication of our conclusions Scud-design and Chinese missiles. Weldon, Pennsylvania Republican, said it is that warning time is reduced,’’ said Rums- Data on the test are still being analyzed, was ‘‘devastating news.’’ He said the test feld, who was defense secretary under Presi- but the missile appeared to be a modified confirms the findings of a bipartisan con- dent Gerald Ford. ‘‘We see an environment of North Korean Nodong missile, which Iran is gressional panel that emerging missile little or no warning of ballistic missile using as the basis for its Shahab–3 design. threats are hard to predict. threats to the U.S. from several emerging The launch has raised new fears that Iran ‘‘We now have evidence that Iran has al- powers.’’ has acquired more Nodongs, which have a ready tested a missile system that the intel- The commission singled out North Korea, range of about 620 miles, from North Korea. ligence community said would not be tested Iran and Iraq for scrutiny. For example, the Intelligence officials said the Shahab–3 is a for 12 to 18 months,’’ he said. ‘‘That means panel’s report said, ‘‘We judge that Iran now liquid-fueled system carried on a road-mo- the threat to Israel, to our Arab friends in has the technical capability and resources to bile launcher. Mobile launchers are ex- the region and to our 25,000 troops in the re- demonstrate an ICBM-range ballistic mis- tremely difficult to detect and track. gion is imminent, and we have no deployed sile’’ similar to a North Korean model. The Shahab is believed by U.S. intelligence system in place to counter that threat.’’ But in a letter sent to Congress on Wednes- agencies to be inaccurate and thus is ex- Mr. Weldon, a member of the House Na- day, George Tenet, the director of Central pected to be armed with chemical or biologi- tional Security Committee and an advocate Intelligence, said the government stood by a cal warheads. Iran is developing nuclear war- of missile defenses, said Iran would most threat assessment first made in 1995 and re- heads but is believed to be years away from likely deploy chemical or biological weapons affirmed most recently in March. having them. on the Shahab–3, depending on what types of The government assessments, Tenet said in Officials said the test’s success is signifi- advanced guidance systems it may have ob- his letter, ‘‘were supported by the available cant because U.S. military planners must retained from Russia. evidence and were well tested’’ in an internal gard the weapon as capable of being used ‘‘There is evidence Iran is aggressively pur- review. even though it was only fired once. suing nuclear weapons and within a short pe- But the commission, in its 300-page classi- North Korea’s Nodong also was flight-test- riod of time—months not years—will have a fied report delivered to the House and Senate ed only once and recently was declared nuclear warhead,’’ Mr. Weldon said. S10048 CONGRESSIONAL RECORD — SENATE September 9, 1998 Henry Sokolski, director of the Non- leader or government determined to operate and of itself it doesn’t give much new capa- proliferation Policy Education Center, said outside civilized norms. What do hoary nobility to North Korea. the test firing shows that long-range mis- tions of ‘‘arms control’’ have to do with ‘‘The accuracy of these missiles is very siles are likely to be the threat of the future. these realities? Is anyone seriously going to low,’’ he told Agence France-Presse, adding ‘‘This stuff is moving a lot faster than we propose that the way to keep more Iranian that they would most likely be used to carry thought five years ago in the Bush adminis- Shehab-3s from being produced is to invite biological or chemical weapons. tration,’’ said Mr. Sokolski, a former defense the ayatollahs for a stay at Geneva’s finest Japan reacted to the test by abruptly with- official. hotels and a long meeting of the minds drawing plans to extend $1 billion in aid to across a green baize table? build two civilian nuclear reactors. North EARLY WARNING What prospect is there at all that Iran will Korea agreed to shut down its nuclear-weapons program in exchange for the two plants When the history books on the 21st century ‘‘agree,’’ much less comply with any commitment to give up what it now has? What it and U.S. deliveries of fuel oil. are written, the Shehab–3 may show up on a Japanese analysts saw the missile launch list of early warning signs that school- has is a medium-range missile that can reach U.S. allies Turkey, Israel and Saudi Arabia as a ploy in winning concessions from the children memorize about great catastrophes. West during ongoing nuclear-disarmament The medium-range ballistic missile that Iran and Egypt. And if similar minds somewhere in the world get hold of a missile capable of talks in New York. tested last week is just that—a warning that Secretary of State Madeleine K. Albright, reaching San Francisco or Honolulu or New the missile threat is here and now, not years visiting Sarajevo, Bosnia-Herzegovina, said, York, what ‘‘agreement’’ could induce them away. The coming catastrophe is a ballistic ‘‘This is something that we will be raising to give that up? missile attack on an undefended U.S. or U.S. with North Koreans in the talks that are The fact that the U.S. has absolutely no ally by a rogue nation. currently going on,’’ the Associated Press re- defenses against ballistic-missile-attack is You can’t say we haven’t been warned. The ported. week before the launch of the Shehab–3, an unacceptably large negative incentive to A South Korean Cabinet meeting of 15 min- made from a North Korean design, a biparti- this country’s enemies. The way to deter isters said North Korea’s ‘‘reckless’’ test-fir- san panel headed by former Defense Sec- them is not by signing more archaic arms- ing of a missile over Japanese territory poses retary Donald Rumsfeld issued a report to control agreements but by researching and a direct threat to the region. Congress on the ballistic missile threat. The deploying a national missile-defense system North Korea is the world’s largest exporter unanimous finding? Ballistic missiles from as quickly as possible after the next Presi- of ballistic missiles. It has been helping Iran rogue nations could strike American cities dent takes office. develop a missile arsenal that can reach de- with ‘‘little or no warning.’’ ployed American forces, moderate Arab The security and defense experts on the [From the Washington Times, Sept. 1, 1998] states and Israel. A North Korean envoy told Rumsfeld Commission noted that North N. KOREA FIRES MISSILE OVER JAPAN congressional aides last week the motive for Korea is developing missiles with a 6,200- [By Rowan Scarborough and Bill Gertz] exporting missile technology is simple: badly mile range, capable of reaching as far as Ari- North Korea yesterday conducted the first needed hard currency for the famine-ridden zona or even Wisconsin, and that Iran is test launch of an extended-range ballistic country. Intelligence officials said Iranian techni- seeking missile components that could re- missile in a provocative flight that crossed cians observed yesterday’s test, underscoring sult in weapons with similar range, able to Japan and signaled the hard-line regime is the close ties between Pyongyang and hit Pennsylvania or Minnesota. That infor- now able to threaten more neighboring coun- Tehran, which tested its own medium-range mation is from the unclassified version of tries. missile, the Shahab-3, with a range of about the report. The general public doesn’t get to The Taepo Dong–1 and its dummy warhead 800 miles, last month. hear about the really scary stuff. The bipar- traveled about 1,000 miles, surpassing by 380 North Korea, which boasts a 5-million-man tisan Rumsfeld Commission report, or miles the reach of North Korea’s operational army and stocks of chemical and biological course, received little play in the general medium-range missile, the No Dong. weapons, is also developing the intermediate media, which seems to have concluded some- Taepo Dong’s debut was predicted by range Taepo Dong-2. Scheduled for operation how that this issue is no big deal. Washington. The flight was tracked by U.S. in 2002, the weapon is designed to travel up Earlier this year, Senator Thad Cochran’s Navy ships and by surveillance aircraft as to 3,700 miles, putting it within range of Subcommittee on International Security the missile left northern North Korea, Alaska. Eventually, Pyongyang wants to de- reached many of the same conclusions. Using dropped its first stage in the Sea of Japan ploy an intercontinental ballistic missile ca- open-source materials, the committee pub- and then crossed Japan’s Honshu island be- pable of reaching the continental United lished ‘‘The Proliferation Primer,’’ which fore falling in the Pacific Ocean. States. lists in detail the progress being made by a The test of the medium-range missile im- host of countries toward the development The U.S. has 37,000 troops stationed in mediately raised security fears not only in South Korea, where they are already vulner- and deployment of weapons of mass destruc- Asia, but in the Middle East and the United tion. ‘‘The Proliferation Primer’’ didn’t able to North Korea’s arsenal of short-range States as well. missiles and thousands of artillery pieces. make it into the headlines either. Republicans in Congress renewed demands The forces enjoy limited protection through As the Shehab–3 drama was being staged in for President Clinton to accelerate develop- Patriot interceptors used in the 1991 Persian Iran, Vice President Gore found himself in ment of a national missile defense that could Russia, playing another scene in the absurd Gulf war to knock down Iraqi Scud missiles. intercept incoming ballistic missiles. Mr. Maj. Bryan Salas, a Pentagon spokesman, theater of arms control. This is a form of Clinton has put off a decision until 2000 de- said, ‘‘We were not surprised by the launch- diplomatic drama that employs repetitious spite a blue-ribbon commission’s finding ing. We’re still evaluating all the specifics in and meaningless dialogue and plots that lack that a rogue nation, such as North Korea, the matter and we consider it a serious de- logical or realistic development. Over the could launch a ballistic missile onto U.S. velopment.’’ past 30 years, every act in this ongoing show soil within the next five years without warn- The missile test comes as Mr. Clinton and has been structured around the same ludi- ing. Republicans are at odds on national missile crous theme: arms control works. ‘‘The test of the Taepo Dong indicates that defense. And so it goes in Moscow, where Mr. Gore, a North Korean threat to the continental The GOP got a boost this summer when a reading from the usual script, expressed U.S. United States is just around the corner,’’ congressionally appointed panel of experts, concern last week about the transfer of Rus- said Richard Fisher, an Asia expert at the led by former Defense Secretary Donald sian missile technology to Iran and other Heritage Foundation. ‘‘It is now long past Rumsfeld, stated the United States could be rogue states, and signed two agreements on overdue for the administration to finally blindsided by a missile attack within the the peaceful uses of nuclear technology. wake up, smell the coffee and get serious next five years from North Korea or another President Clinton voiced similar concerns in about missile defense.’’ rogue nation. Beijing last month. By flying the missile directly over Japan, But the Joint Chiefs of Staff, in a letter Meanwhile, two-dozen countries are hard Mr. Fisher said, North Korea is showing it disclosed last week by The Washington at work on improvements to their ballistic- has the ability to hit U.S. military facilities Times, rejected the finding and continued to missile capabilities and North Korea is ex- there and can eventually field a missile ca- support a 2003 deployment date at the earli- porting do-it-yourself Nodong missile kits pable of hitting bases farther south in Oki- est for a national system. like the one that Iran used to build Shehab- nawa. ‘‘Okinawa is the military reserve area ‘‘The administration needs to wake up,’’ 3. In addition to all this there is the so-called for the United States in any potential Ko- said Rep. Curt Weldon, Pennsylvania Repub- loose-nukes problem, by which it is feared rean peninsula conflict,’’ he said. lican and a leading missile defense advocate. that a Russian missile might find its way David Wright, a physicist at the Massachu- ‘‘From what we know about this missile, it into the hands of a terrorist group. setts Institute of Technology in Cambridge can even reach U.S. soil with a range that No arms-control agreement can provide and researcher at the Union of Concerned can strike U.S. citizens in Guam.’’ the necessary protection against such Scientists, said of utmost concern is ‘‘that Sen. Kay Bailey Hutchison, Texas Repub- threats. Not so long ago the threat was a this is a two-state missile.’’ lican, added: ‘‘The administration’s decision massive Soviet missile attack, but today it Creating a multiple-stage missile is ‘‘one to block development and deployment of is more likely to be one or two ballistic mis- of the more complicated hurdles . . . in de- missile defenses means we are unable to pro- siles in the hands of a calculating national veloping a longer range,’’ he said. ‘‘But in tect either our important allies . . . or the September 9, 1998 CONGRESSIONAL RECORD — SENATE S10049 thousands of American troops stationed weapons on its soil—which are then States, including a threat by weapons of there.’’ subject to being stolen, or pilfered, or mass destruction, through unconventional, North Korea has the expertise to mount sold—it will have many more thou- terrorist-style delivery means. The Chiefs chemical and biological warheads on its bal- sands of nuclear weapons. and I believe all these threats must be ad- listic missiles. It also has been attempting to dressed consistent with a balanced judgment develop nuclear weapons, but promised to It is not in the security interests of of risks and resources. end the program in return for economic aid. this Nation to trash the START II Based on these considerations, we reaffirm ‘‘When you begin to feed the wolf, the wolf agreement by threatening another our support for the current NMD policy and just gets hungrier and hungrier,’’ Mr. Fisher treaty called the Antiballistic Missile deployment readiness program. Our program said. ‘‘The aid to North Korea since 1995 can Treaty upon which START II is based, represents an unprecedented level of effort be said to have indirectly assisted the North upon which START I is based, and upon to address the likely emergence of a rogue Korean missile program because it allowed hopefully START III will be based. ICBM threat. It compresses what is normally them to spend less money on feeding their Can we negotiate a modification in a 6–12 year development program into 3 years people and sustain their missile develop with some additional development concur- budgets.’’ that ABM Treaty? I hope so. Might it rent with a 3-year deployment. This empha- The Rumsfeld panel dismissed a CIA con- be desirable for both sides to move to sis is indicative of our commitment to this clusion the United States faces no ballistic defenses against long-range missiles? I vital national security objective. The tre- missile threat from a rogue nation for 15 think so. Should we develop defenses mendous effort devoted to this program is a years. The panel was particularly leery of against long-range missiles but not prudent commitment to provide absolutely North Korea and its ally, Iran. commit to violate the ABM Treaty by the best technology when a threat warrants Its report said: ‘‘The extraordinary level of committing to deploy those missiles? deployment. resources North Korea and Iran are now de- Yes. We should develop those defenses. Given the present threat projections and voting to developing their own ballistic mis- the potential requirement to deploy an effec- sile capabilities poses a substantial and im- And we are at a breakneck speed—by tive limited defense, we continue to support mediate danger to the U.S., its vital interest the way, a very high-risk speed. the ‘‘three-plus-three’’ program. It is our and its allies. . . . In light of the consider- This bill, which would change our view that the development program should able difficulties the intelligence community policy, will not speed up the develop- proceed through the integrated system test- encountered in assessing the pace and scope ment of national missile defenses by 1 ing scheduled to begin in late 1999, before the of the No Dong missile program, the U.S. day. We are already developing those subsequent deployment decision consider- may have very little warning prior to the de- defenses as fast as we possibly can. ation in the year 2000. While previous plus- ployment of the Taepo Dong-2.’’ Mr. President, I want to just read ups have reduced the technical risk associ- Mr. LEVIN addressed the Chair. ated with this program, the risk remains briefly—if my 4 minutes are up, I ask high. Additional funding would not buy back The PRESIDING OFFICER. The Sen- for an additional 2 minutes. ator from Michigan is recognized. any time in our already fast-paced schedule. The PRESIDING OFFICER. Without As to the Anti-Ballistic Missile (ABM) Mr. LEVIN. Mr. President, I yield objection, it is so ordered. Treaty, the Chiefs and I believe that under myself 6 minutes. Mr. LEVIN. Mr. President, the Chair- current conditions continued adherence is Mr. President, this bill will not con- man of the Joint Chiefs of Staff wrote still consistent with our national security tribute to our national security. As a Senator INHOFE a letter on August 24, interests. The Treaty contributes to our matter of fact, it will weaken and jeop- which I ask unanimous consent to be strategic stability with Russia and, for the ardize our national security. immediate future, does not hinder our devel- printed in the RECORD. That is not just me saying it and opment program. Consistent with US policy There being no objection, the mate- that NMD development be consistent with those of us who oppose this bill. The rial was ordered to be printed in the Chairman of the Joint Chiefs of Staff the ABM Treaty, the Department has an on- RECORD, as follows: going process to review NMD tests for com- has written us a very, very strong let- pliance. The integrated testing will precede ter supporting the current national CHAIRMAN OF THE JOINT CHIEFS OF STAFF, a deployment decision has not yet gone missile defense policy, which is to de- Washington, DC, August 24, 1998. through compliance review. Although a final velop defenses against these long-range Hon. JAMES M. INHOFE, determination has not been made, we cur- missiles but not to commit to deploy U.S. Senate, Washington, DC. rently intend and project integrated system such defenses, since such a commit- DEAR SENATOR INHOFE: Thank you for the testing that will be both fully effective and ment will violate an agreement that we opportunity to provide my views, together treaty compliant. A deployment decision have with Russia which has made it with those of the Joint Chiefs, on the Rums- may well require treaty modification which feld Commission Report and its relation to would involve a variety of factors including possible for us to reduce the number of the emerging ballistic missile threat to the nuclear weapons in this world. national missile defense. We welcome the contributions of this distinguished panel to United States (both capability and intent), Committing to break out of a treaty our understanding of ballistic missile threat and the technology to support an effective which has allowed us to reduce the assessments. While we have had the oppor- national missile defense. number of nuclear weapons will result tunity to review only the Commission’s pre- Again, the Chiefs and I appreciate the op- in Russia—they have told us this—not publication report, we can provide answers portunity to offer our views on the assess- ratifying START II, and then, indeed, to your questions subject to review of the ment of emerging ballistic missile threats deciding to reverse the START I reduc- final report. and their relation to national missile de- While the Chiefs and I, along with the In- fense. tions. START I reductions, START II Sincerely, reductions, and hopefully START III telligence Community, agree with many of the Commission’s findings, we have some dif- HENRY H. SHELTON. reductions are based on an agreement ferent perspectives on likely developmental Mr. LEVIN. Mr. President, part of that we have with Russia that neither timelines and associated warning times. the Joint Chiefs’ letter is the follow- party will deploy defenses against long- After carefully considering the portions of ing: range missiles. the report available to us, we remain con- If we violate that agreement—this fident that the Intelligence Community can * * * we reaffirm our support for the cur- provide the necessary warning of the indige- rent [National Missile Defense] policy and bill commits us to a position which deployment readiness program. would violate that agreement—if we nous development and deployment by a rogue state of an ICBM threat to the United Those are the key words. violate that agreement, we are going to States. For example, we believe that North Based on these considerations, we reaffirm see Russia reverse the direction in Korea continues moving closer to the initi- which it is going—reduction of nuclear our support for the current [National Missile ation of a Taepo Dong I Medium Range Bal- Defense] policy and deployment readiness weapons. Indeed, there will be a much listic Missile (MRBM) testing program. That program. greater threat of the proliferation of program has been predicted and considered Then General Shelton wrote the fol- nuclear weapons, because thousands of in the current examination. The Commission lowing: additional weapons will then be on points out that through unconventional, Russian soil. high-risk development programs and foreign Our program represents an unprecedented This bill is a pro-proliferation of a assistance, rogue nations could acquire an level of effort to address the likely emer- ICBM capability in a short time, and that gence of a rogue ICBM threat. It compresses nuclear weapons bill. That is not the the Intelligence Community may not detect what is normally a 6–12 year development intent, obviously. But that is the effect it. We view this as an unlikely development. program into 3 years with some additional of this bill, because instead of Russia I would also point out that these rogue na- development concurrent with a 3-year de- just having a few thousand nuclear tions currently pose a threat to the United ployment. This emphasis is indicative of our S10050 CONGRESSIONAL RECORD — SENATE September 9, 1998 commitment to this vital national security are talking about the lives of American An earlier secret test of the ‘Ghauri’ mis- objective. The tremendous effort devoted to citizens. sile in January was reported by the this program is a prudent commitment to As one who is from Oklahoma and Islamabad News, which said that further provide absolutely the best technology when can see what type of terrorist devasta- tests would be made before a public dem- a threat warrants deployment. tion can take place, and realizing that onstration of the missile on 23 March. The Given the present threat projections and ‘‘secret’’ test probably refers to a static the potential requirement to deploy an effec- the devastation in Oklahoma was one- motor firing and systems check-out, and is tive limited defense, we continue to support thousandth of the power of the small- unlikely to have been a flight test. the ‘‘three-plus-three’’ program. It is our est nuclear warhead known, it is a very The ‘Ghauri’ missile was not displayed dur- view that the development program should scary thing. ing Pakistan’s National Day parade on 23 proceed through the integrated system test- I believe right now—I don’t think March. A missile similar to the Hatf 1 short- ing scheduled to begin in late 1999, before the there is a Senator here who doesn’t be- range missile was the only ballistic missile subsequent deployment decision consider- lieve this—that there could very well displayed. ation in the year 2000. be a missile headed our direction as we Pakistani official statements are limited Then he points out that: to the maximum range, payload and launch speak. It is not a matter of a rogue na- weight. From the pictures released, the mis- Additional funding would not buy back any tion learning how to make missiles to sile is similar in shape to the earlier Hatf 1 time in our already fast-paced schedule. deliver the weapons of mass destruc- design, which is also similar to the Chinese Finally, General Shelton said the fol- tion that we know they have. It is a M–9 (CSS–6/DF–15). The launch weight of lowing: matter of just getting that technology 16,000kg makes ‘Ghauri’ much heavier than The [ABM] Treaty contributes to our stra- and those systems from a country that the M–9, which has a launch weight of tegic stability with Russia and, for the im- already does. China is such a country. 6,000kg. This would appear to support the mediate future, does not hinder our develop- China fully has missiles that can payload weight quoted for ‘Ghauri’ of 700kg ment program. over the maximum range of 1,500km. reach Washington, DC, from any place It appears to be a scaled-up Hatf 1 single or Mr. President, our program now calls in the world. We have no way in the two-stage solid-propellant missile that may for the development of defenses against world of knocking them down. We use some Chinese technologies. The missile long-range missiles. Let no one mis- know that China is trading technology shown does not bear any resemblance to the understand that, or misstate that. systems with countries like Iran— Chinese CSS–2 (DF–3), which uses liquid pro- That is our current program. countries that would not hesitate to pellants and has a launch weight of 64,000kg. We are moving as quickly as possible. use missiles against us. An alternative option might be that Indeed, it is a high-risk move that we I wish I were speaking last, because ‘Ghauri’ is based on the Chinese CSS–5 (DF– there are going to be some things said 21) and CSS–N–3 (JL–1) ballistic missile de- are making because we have collapsed sign, which has a launch weight of 15,000kg, this development schedule so much. We about the exorbitant costs of such a a payload of 600 kg and a maximum range of are not going to speed up this schedule system. We can complete a system to between 1,700km and 1,800km. The CSS–N–3 1 day by threatening to destroy the protect us against a limited missile at- SLBM version entered service in 1983 and the ABM Treaty. All we will do, if this bill tack for about $4 billion. In the case of CSS–5 in 1987. passes, is to contribute to the threat of our AEGIS ship system, we have 22 The Iranian ‘Shahab 3’ ballistic missile the proliferation of nuclear weapons on AEGIS ships that have the capability project has a similar range and payload to the soil of Russia. That is not in our se- of knocking down a missile, but not an ‘Ghauri’, and, although the Iranians have ICBM. We have a $50 billion investment never quoted a launch weight for ‘Shahab 3’, curity interest. I hope we do not pro- it might be in the 16,000kg bracket. ceed to the consideration of this bill. in that system, and for only $4 billion ‘Shahab 3’ is believed to be an Iranian-de- I yield the floor. more we could have that system to pro- veloped single-stage liquid-propellant ballis- Mr. COCHRAN addressed the Chair. tect Americans. tic missile, based on North Korea’s ‘Nodong The PRESIDING OFFICER. The Sen- I hope that people will give consider- 1’ design, and a series of motor tests were re- ator from Mississippi. ation to this resolution. I think it is ported last year. Mr. COCHRAN. Mr. President, I yield the most significant resolution we will It is not clear whether Pakistan and Iran 1 minute to the distinguished chairman be considering this year. have shared missile technologies, but their of the Senate Armed Services Commit- I ask unanimous consent that three development approaches appear to have fol- items pertaining to this matter be lowed relatively similar lines and in similar tee, the distinguished Senator from timescales. South Carolina, Mr. THURMOND. printed in the RECORD. Unconfirmed reports have suggested that The PRESIDING OFFICER. The Sen- There being no objection, the mate- Pakistan and Iran may have received either ator from South Carolina is recognized. rial was ordered to be printed in the missiles or technologies associated with the Mr. THURMOND. Mr. President, I am RECORD, as follows: Chinese solid-propellant M–11 (CSS–7/DF–11) a cosponsor of this amendment. I be- [April 15, 1998] and M–9 programmes, and it is to be expected that there might have been some assistance lieve that it is a very important PAKISTAN’S FIRST TEST OF ITS NEW BALLISTIC given both ways. amendment. Other countries are going MISSILE (By Rahul Bedi, New Delhi and Duncan forward and developing missile sys- [From the Daily Oklahoman, Sept. 8, 1998] tems. Can we afford not to do it? For Lennox, London) VULNERABLE AND AT RISK the sake of our people and the sake of The first test of Pakistan’s new ballistic missile, the Hatf 5 or ‘Ghauri’, took place on Recently, U.S. Sen. James Inhofe, R-Tulsa, this Nation, we should seize this oppor- asked Gen. Henry H. Shelton, chairman of tunity to go forward on this matter 6 April. Statements from the Pakistani government said that the missile has a maxi- the Joint Chiefs of Staff, to comment on a promptly. It is in the interest of our mum range of 1,500km, a payload of 700kg new report questioning U.S. readiness to deal Nation and the people of this country and a launch weight of 16,000kg. with a long-range missile attack. The gen- that we take that step. Some earlier statements had implied that eral’s response was illuminating, particu- I thank the Senator, very much, for the ‘Ghauri’ might also be used as the basis larly so in light of North Korea’s subsequent yielding to me. for a satellite launch vehicle. test of a missile capable of carrying nuclear Mr. COCHRAN addressed the Chair. Currently described by government offi- warheads. The PRESIDING OFFICER. The Sen- cials as ‘‘a research effort for the time Inhofe raised the issue after release of the being’’, its indigenous development and re- Rumsfeld Commission Report, warning a ator from Mississippi is recognized. search status means that ‘‘no international missile threat may come sooner than many Mr. COCHRAN. Mr. President, I yield sanctions or regimes apply to its develop- in the U.S. government think. The panel said 2 minutes to the distinguished Senator ment or production’’. it’s possible an enemy could develop a ballis- from Oklahoma, Senator INHOFE. Claims that the missile was tested over tic missile program in a way that would give The PRESIDING OFFICER. The Sen- land are confusing as the length of Paki- the United States little or no warning before ator from Oklahoma. stan’s territory does not allow for the range an attack. Mr. INHOFE. Thank you, Mr. Presi- attributed to ‘Ghauri’. Other reports have in- In fairness, Shelton and the joint chiefs an- dent. dicated that the missile was test launched swer to Bill Clinton, so it’s not surprising from a location near Jhelum in northeast they echo his administration’s soft-line on I regret that we are on such a tight Pakistan to the area southwest of Quetta, a missile defense. constraint, because I think this is the range of about 800km to 1,000km, which Shelton reiterated to Inhofe that the chiefs most significant issue this Senate will would agree with the reported flight time of don’t think a real threat is near. They be- be addressing certainly this year. We around eight minutes. lieve the United States should continue to September 9, 1998 CONGRESSIONAL RECORD — SENATE S10051 comply with the 1972 Anti-Ballistic Missile siles; Saddam Hussein has forced U.N. in- tional missile defense that I have in- Treaty and they support Clinton’s ‘‘3-plus-3’’ spectors to a standstill; and bin Laden blew troduced legislation promoting na- plan for a national missile defense. The pol- up two American embassies in Africa. tional missile defense that has passed icy calls for three years of development with Indeed, it has lent a prophetic tone to the the U.S. Senate. another three years for deployment—if a findings of the Rumsfeld Commission, a missile threat is identified. ‘‘We remain con- team of defense experts which in July I support national missile defense be- fident that the Intelligence Community can warned that America’s enemies could deliver cause we have an unpredictable and provide necessary warning of . . . an ICBM a ballistic missile threat to the U.S. within rapidly emerging ICBM threat to this threat,’’ Shelton wrote. five years of any decision to acquire such a country from the so-called rogue Inhofe points out that U.S. intelligence capability. More ominously, the Rumsfeld states. The Rumsfeld Commission re- was surprised by India’s nuclear testing this report warns that ‘‘during several of those cently alerted us to the growing need summer and considered attacks on embassies years, the U.S. might not be aware that such for national missile defense. As I have in Africa unlikely. As for the ABM treaty, a decision has been made.’’ said many times on the Senate floor, Inhofe says it ‘‘reinforces the discredited In face of these tangible threats, the con- policy of mutual-assured destruction at a tinued Democratic preference for arms con- we must be prepared before we are sur- time when the U.S. is being targeted by nu- trol agreements in the bush over real defense prised. merous potentially undeterrable rogue states capabilities in the hand is baffling. And our But the bill before us is fatally and terrorists.’’ guess is that an American public that has flawed because it does not include the Inhofe’s ally on missile defense, U.S. Rep. now watched North Korea and seen for itself correct criteria for a decision to de- Floyd Spence, R-S.C., cut to the dangers of some of bin Laden’s handiwork also would be ploy. It says that we should deploy ‘‘as the Clinton administration’s ostrich-like ap- a hard sell. We wouldn’t be surprised, then, if soon as technologically possible.’’ Mr. proach to missile defense in an interview these developments, coupled with a Presi- President, that isn’t the right test. with Frank Gaffney, director of the Center dent suffering from a severe loss of moral au- Let’s make sure that we deploy the for Security Policy. thority, might lead some of these Democrats ‘‘The first warning of a heart attack is a to consider whether they want to continue to best initial system, not simply the first heart attack,’’ Spence said. ‘‘The Clinton ad- block debate about ways to protect Ameri- one off the shelf. The first one off the ministration’s response to all this is that we cans—especially the 13 Democratic Senators shelf may be significantly inferior to are working on a system and we are going to up for re-election which follow: one that follows soon thereafter that experiment for about three years. And if the UP FOR RE-ELECTION would be a far more effective system of threat arises, we will decide at that time Democratic senators who voted against national missile defense. whether or not to deploy. My God, the threat closure on the American Missile Protection Further, the Cochran bill is also seri- is right now here, this minute, this moment, Act of 1998. ously flawed because it has only one not some time in the future.’’ Barbara Boxer, California. The Oklahoman urges Inhofe, Spence and criterion—‘‘as soon as technologically John Breaux, Louisiana. other patriots in Congress to hold hearings possible.’’ It completely disregards Thomas A. Daschle, S. Dakota. highlighting America’s vulnerability to mis- three other vital criteria for national Christopher J. Dodd, Connecticut. sile attack. Byron L. Dorgan, N. Dakota. missile development: Bold action is needed to counter Clinton’s Russell D. Feingold, Wisconsin. No. 1, treaty compliance. As the idle approach to defending the U.S. against a Bob Graham, Florida. Joint Chiefs have said in several let- grave and growing threat. Patrick J. Leahy, Vermont. ters, the ABM Treaty and START ac- Barbara A. Mikulski, Maryland. cords must not be endangered. Mr. [From the Wall Street Journal, Sept. 8, 1998] Carol Moseley-Braun, Illinois. President, I direct my colleagues’ at- SHOOTING STARS Patty Murray, Washington. tention to a statement by General ‘‘Nothing in life is so exhilarating as to be Harry Reid, Nevada. Henry Shelton, the current Chairman shot at without success,’’ Winston Churchill Ron Wyden, Oregon. of the Joint Chiefs. He said that the ef- once famously said. Perhaps. But the Japa- Source: Coalition to Defend America. nese might have a different take, having now fect that ‘‘NMD deployment would Bill Clinton might have his own second had North Korea fire a missile over their have on arms control agreements and thoughts. It is worth asking whether Mr. heads. In a world where Pathan tribesmen nuclear arms reductions should be in- Clinton could even have taken the limited with rifles have been replaced by rogue action he did against sites in Afghanistan cluded in any bill on national missile states with ballistic missiles, Churchill and the Sudan had bin Laden somehow man- defense.’’ would have been the first to argue that the aged to buy a missile of his own—or pay the Are we going to listen to the top leader of the free world needs more going for North Koreans or Iranians to shoot one off military leadership of our country on him then the other guy’s bad aim. To wit, a for him. this question? I hope so. I hope we are missile defense. Likewise, could George Bush have pros- If the events of the past few weeks have going to listen to the Chairman of the ecuted the Gulf War if Saddam Hussein had taught us anything, it is that the bad guys Joint Chiefs of Staff. had a missile capability? As Mr. Clinton has out there—Saddam Hussein, Kim Jong II, The second key criterion is cost. A had impressed on him, just four or five war- Osama bin Laden and the like—are not kid- system we can’t afford, such as one heads in hands like Kim Jong II’s pose a far ding when they threaten to blow up Ameri- more immediate and practical threat to with space-based weapons, is a fantasy cans. What we don’t yet know is just how American lives and interests than the 2,000 in the short run and protects no one. many of them have the capability to follow or so in the Russian arsenal. Especially We need to have a system that we can through on their threats, though recent tests given North Korea’s willingness to sell its afford. by both North Korea and Iran confirm that missiles to anyone with cash. some are not that far away. We shouldn’t The third criterion is use of proven Providing an American President with the have to wait until a missile lands in Times technology to ensure performance and wherewithal to shoot down a ballistic missile Square to find out. contain costs. We ought to use tech- on its way to an American city shouldn’t be Unfortunately that is precisely what nology we know will work. Again, a partisan issue. But if the Democrats decide Democratic Senators have been doing. Back again to make it one in the coming vote, rushing to failure will not protect one in March, GOP Senator Thad Cochran intro- that would be a persuasive Republican argu- single American family. duced a bill calling for the U.S. ‘‘to deploy as ment for a filibuster-proof Republican Sen- Mr. President, we are in a develop- soon as is technologically possible an effec- ate. If we ever get a missile defense system ment stage on national missile defense, tive National Missile Defense System capa- this country needs, we may owe more to and that is where our efforts must be. ble of defending the territory of the United Monica Lewinsky and Osama bin Laden than States against limited ballistic missile at- I applaud our colleagues on the Appro- we do to our Democratic Senators. tack.’’ When the motion to move it to the priations Committee and Armed Serv- floor for debate and amendments came up, it Mr. CONRAD addressed the Chair. ices Committee for fully funding ag- fell just one vote shy of the 60 needed. All 41 The PRESIDING OFFICER. The Sen- gressive development of national mis- opposed were Democrats. While bin Laden ator from Michigan. sile defense. However, the Cochran bill, bombs, the Democrats filibuster. Mr. LEVIN. I yield Senator CONRAD 4 at this point, is counterproductive be- They have a chance to redeem themselves minutes. cause it applies the wrong criteria to when the reintroduced petition comes up for Mr. CONRAD. Mr. President, I rise as a vote tomorrow. Events since the March 13 the decision to deploy. The Senate filibuster have tragically underscored just a strong supporter of national missile should again vote no on cloture. how irresponsible a move it was: India and defense. But I also rise as a strong op- I thank the Chair. I yield the floor Pakistan have exploded nuclear bombs; Iran ponent of the Cochran bill that is be- and give back the remainder of my and North Korea have tested ballistic mis- fore us. I believe so strongly in na- time. S10052 CONGRESSIONAL RECORD — SENATE September 9, 1998 The PRESIDING OFFICER. Who control. I want to hold up a chart of are familiar with; it is the THAAD Pro- seeks time? unclassified pictures to try and show gram, Theater High Altitude Area De- Several Senators addressed the what arms control means. This is a fense Program. In that case, again, we Chair. photo from March 26, 1997. It shows the were anxious to get this program field- Mr. LEVIN. I yield 4 minutes to Sen- launching of an SSN–20 missile from a ed. The Congress put increased pres- ator DORGAN. Russian submarine in the Barents Sea. sure on the Department of Defense to Mr. DORGAN. Mr. President, this de- The submarine launched a missile, and move ahead. Accordingly, we have had bate and this vote are not about wheth- within minutes the missile was de- disaster. In that case, the program is 4 er we support research on a missile destroyed. And the last picture here years behind schedule. There have been fense system. I am on the Appropria- shows the missile’s pieces falling into five consecutive flight test failures of tions Committee. I am on the Defense the sea. the THAAD interceptor. The cost of Appropriations Subcommittee. The De- Why was that missile destroyed? Be- the program has risen from $10 billion fense appropriations bill has over $3 cause of arms control agreements that to $14 billion today. billion for research and development of we have reached with Russia. There General Larry Welch, who reviewed theater and national missile defense was a whole series of these ‘‘launch-to- this missile defense program and other programs. I expect all Members of the destruction’’ launches, because they programs indicated that one reason is Senate support that. I do. were an inexpensive way for Russia to that there was a very high level of risk, But this bill presents us with a dif- destroy its submarine-launched mis- that we were, in fact, engaged in what ferent question. This bill would put the siles and for us to verify their destruc- he called a ‘‘rush to failure’’ in the Senate on record saying there must be tion. That is the way to deal with these THAAD Program. We do not need a a deployment of a national missile de- rush to failure in the national missile threats—a reduction of nuclear weap- fense system—there must be a deploy- defense program to follow onto the ons, reduction of delivery vehicles. ment as soon as ‘‘technologically fea- rush to failure in the THAAD Program. This is the kind of thing, with Nunn- sible.’’ And we must then deploy. We need a program that the Depart- Lugar and other efforts, especially Well, 25 years ago, we had an anti- ment of Defense can develop on an ur- ballistic missile system in North Da- arms control agreements, that results gent basis, but on a reasonable basis. I kota. I guess that particular system in a real reduction of threat. believe they are on that course. I be- The question is, What will the vote was technologically feasible then. Of lieve when General Shelton asks us to course, that system would have used today do to arms control? Will it mean refrain from this kind of a legislative nuclear bombs to intercept and destroy more delivery systems, more nuclear proposal, I think we should take his ad- incoming missiles. But it was built, at weapons? A greater arms race? I don’t vice. I hope we will defeat the proposal the cost of over $20 billion in today’s think anybody in this Chamber has by the Senator from Mississippi. terms. Thirty days after it was de- that answer. My colleague, Senator The PRESIDING OFFICER. The mi- CONRAD, put it well. To those who sup- 1 clared operational, it was mothballed. nority has 3 ⁄2 minutes. That system was too expensive and too port—and I think almost all of us do— Mr. LEVIN. I yield 3 minutes to Sen- controversial. theater missile defenses and the re- ator BIDEN. Let’s keep that cautionary tale in search on national missile defense, it Mr. BIDEN. Mr. President, whatever mind as we consider this bill. doesn’t make any sense to say that our views on a nationwide ballistic If this bill were to pass, the question notwithstanding any other consider- missile defense, it seems to me that we is, What is technologically feasible? ation we must deploy as soon as tech- should reject S. 1873. What kind of technology? At what nologically feasible. That is not, in my Were that bill to pass, deploying a cost? Does cost have any relevance at judgment, the right thing or the national missile defense system could, all? How will the bill affect arms con- thoughtful thing to do in order to de- in my view, break the back of the econ- trol? Will this bill crowd out spending fend this country. omy at a moment when we finally have on other ways of dealing with terror- Mr. LEVIN addressed the Chair. gotten a handle on things. ism? What other defense programs that The PRESIDING OFFICER. The Sen- A week ago, General Lyles warned respond to terrorist threats or rogue ator from Michigan. that our current programs are over nations will then lack funding because Mr. LEVIN. I yield Senator BINGA- budget and ‘‘may not be all afford- we forced deployment of a system when MAN 3 minutes. able.’’ We spent years getting some budget someone said we now have the tech- Mr. BINGAMAN. Mr. President, I discipline. We have finally achieved nology, and we forced deployment not- thank the Senator from Michigan for yielding me time. I want to join my that. We must not throw that all away. withstanding costs? This bill would require deployment Frankly, a rogue nation or a terror- colleagues in resisting S. 1873, this pro- even without a threat of new strategic ist state is much more likely to pose a posal. In my view, what this proposal missiles; and it would throw taxpayers’ threat to us with a suitcase nuclear would do is to put our Defense Depart- money at the first available tech- bomb planted in the trunk of a rusty ment in an untenable position. It es- nology, rather than the best tech- Yugo car at a dock in New York City. sentially says that, in this case, in the case of national missile defense, as dis- nology. The threat is much more likely to be a As Dr. Richard L. Garwin warns, the tinguished from all other cases, they nuclear weapon put on top of a cruise first technology will be vulnerable to should ignore the criteria that they use missile—not an ICBM, but a cruise mis- missiles with penetration aids, which sile. There is far greater proliferation for deciding which programs to go Russia surely has and others can easily of cruise missiles and greater access to ahead and deploy. Those criteria are develop. Missile defense is expensive; them. Will this defend against cruise that they maintain a sensible balance penetration aids are cheap. missiles? No. Will it do anything about among cost, schedule, and performance This bill will also guarantee what the suitcase bomb? No. What about a considerations, given affordability con- General Welch calls a ‘‘rush to fail- fertilizer bomb in a truck parked in straints. ure.’’ Five test failures with the front of a building? No. What about a Now, that is the criteria the Depart- THAAD theater defense system are a vial of the most deadly biological ment of Defense has set up. This pro- reminder of how difficult it is to de- agents? Again, no. posal by my colleague from Mississippi velop any missile defense. A policy of There are a lot of terrorist and rogue would have them ignore those provi- deploying the first ‘‘technologically nation threats that we ought to be con- sions and rush ahead to develop this as possible’’ system is almost bound to cerned about, and we ought to worry soon as it is technologically feasible. fail. about developing missile defense—and We have some experience with efforts Finally, this bill does not even per- we are. But rushing to say we must de- by Congress to turn up the political mit consideration of the negative con- ploy now, as soon as it is techno- pressure on the Department of Defense sequences of deployment. S. 1873 would logically feasible, notwithstanding any and to urge them to rush ahead with destroy the Anti-Ballistic Missile Trea- other consideration, makes no sense. development of programs before they ty, and thus end any hope of imple- The Senator from Michigan was ask- can be safely deployed. The most re- menting START Two or of achieving ing what this bill would do to arms cent example is one that many of us START Three. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10053 ‘‘Star Wars’’ may seem easier than tions with Russia have rendered such According to intelligence sources, the hard, patient work of reducing defensive capabilities unnecessary, this the light-weight alloys as well as great power armaments and stabilizing view is naive. I believe that in many equipment for testing these Iranian our forces. But the ‘‘easier’’ path can respects the threat has actually in- missiles came from Russia. also be the dangerous path. creased. If we assume the predictions about Last week, Presidents Clinton and The increased threat results from othe5r countries; lack of technological Yeltsin agreed to share real-time data several interrelated factors. The col- capacities are accurate and postpone on third-country missile launches, to lapse of the bipolar geopolitical order implementation of our own defensive reduce the risk of accidental nuclear defined by U.S.-Soviet confrontation capabilities based on these assump- war. That is a good, sensible initiative. has ushered in multipolar instability. tions, the U.S. will be rendered vulner- But what happens if we say we will The threats we confront today as a na- able while we test the accuracy of deploy a national missile defense? We tion are diffuse. Moreover, our poten- these predictions. If these assumptions may call it just a defense, but others tial enemies are abundant in a world are proven false, the results would be will see it as a second-strike defense where interstate relations are no devastating. that enables us to mount first-strike longer delineated according to mem- This is a risk to U.S. security and a nuclear attacks. Russia and China will bership in one of two ideological risk to U.S. civilians that I personally adopt a hair-trigger, ‘‘launch on warn- camps. am not willing to take. ing’’ posture to overwhelm that de- I would like to emphasize a further It has been an enduring objective of fense, and the risk of nuclear war will change brought about by changes in U.S. defense policy to achieve the capa- rise. the international environment. An ad- bility to defend our country from bal- Now, some day we may need a na- ditional aspect of the post-cold-war listic missiles, whether the threat be tion-wide ballistic missile defense. world is the rapid and, in some cases, from deliberate, accidental or unau- That is why the Defense Department uncontrollable diffusion of advanced thorized launch. has the ‘‘3+3’’ policy of developing technologies. While earlier non-pro- A further reality we confront under changed circumstances is the steady technology that would permit deploy- liferation efforts relied heavily on deterioration of Russia’s system of ment within three years of finding an stringent export control regimes, command and control over its nuclear actual threat on the horizon. heavy reliance on multilateral controls Some of my colleagues believe we warheads. is insufficient to protect U.S. interests. Although the Russian situation pre- cannot wait for that. But Iran’s mis- The U.S. continues to maintain a sents a potential threat now and de- siles will hit the Middle East and parts complex and multi-layered system of ployment is not slated for another sev- export controls as a deterrent to of Europe. North Korea’s missiles will eral years, no one can assume that the would-be proliferators or rogue na- hit Japan and Okinawa. Despite recent command-and-control elements in any missile tests, these countries are sev- tions. However, an export control re- state possessing weapons of mass de- eral years away from threatening even gime is only as strong as its weakest struction and long-range delivery capa- the far western portions of Alaska and link. Furthermore, rogue nations— bility will remain impenetrable and se- Hawaii, as General Shelton made clear such as North Korea—who already pos- cure. This is one more reason that de- in his letter of August 24. sess threatening capabilities, are more vising and deploying missile defense And should a real threat materialize, than willing to sell their know-how to makes sense. there are far cheaper alternatives to others. There has been sufficient debate as to fielding a national missile defense. So, I am aware of others’ predictions whether this bill is necessary in addi- while sensible policy on ballistic mis- that ballistic missile capability will tion to the Defense Department’s sile defense is perfectly feasible, S. 1873 not present a threat for more than an- three-plus-three program. I believe it is is not such a sensible policy. other decade. I believe, however, that for the following reasons: Mr. President, the Senate has real these predictions rely too heavily on First, although the three-plus-three work to do. Americans deserve a Pa- the assumption that export controls program provides for development of tient’s Bill of Rights; we can enact will keep rogue nations at bay. With- national missile defense (NMD) tech- campaign finance reform that even the out the technology, our potential en- nology, it does not commit to deploy- House of Representatives had enough emies are presumably impotent. I ment. sense to pass; and we must stop the think this is an overly optimistic view. Under the Administration’s program, slaughter of our teenagers by Big To- More than 15 nations already possess the U.S. would achieve the means to bacco. short-range ballistic missiles. Many of deploy an NMD system, but would Let us get back to legislation that these same nations are pursuing weap- await an imminent threat to do so. Ca- meets real, current needs and that will ons of mass destruction to accompany pability that is not deployed opens a not destroy the balanced budget. Let these missile capabilities. Several of window of vulnerability. Certainly the us reject cloture on the motion to de- these same countries are hostile to plans of an attack on the U.S. by a hos- bate S. 1873, and get this Senate back U.S. interests. tile nation are not going to include a to work. Any country with the know-how to great deal of advanced warning. By not Mr. DOMENICI. Mr. President, as a launch low-orbit satellites is also capa- providing a commitment to deploy- cosponsor of the legislation before the ble of achieving long-range delivery of ment, as is the objective of this legisla- Senate, I rise in strong support of the a nuclear or other type of warhead. In tion, we are deliberately creating an objectives set forth in this bill. As we contrast to the CIA’s earlier pre- indefinite phase of vulnerability. all know, this legislation would estab- diction, the recently released Rumsfeld Second, opponents to this legislation lish a policy for the U.S. to develop and Report stated that the threat is only firmly believe that by committing to deploy a national missile defense as five years away. Moreover, the Rums- deployment we may end up with an in- soon as technologically possible. This feld Commission determined that the adequate or faulty system. This bill system will defend all 50 states against U.S. may not be able to identify the neither prematurely locks the U.S. any limited ballistic missile threats. source of a threat, thus having little or into specific technological solutions Mr. President, allow me to offer a no warning. nor does it freeze our missile defense couple of observations about the Let me simply offer one concrete ex- options. changed international and national se- ample why the Administration’s cur- We already are deploying systems, curity environment which directly im- rent policy is dangerous. The Adminis- even though the technologies involved pact U.S. defense needs. The original tration assumes it will have three continue to evolve. The specific tech- impetus for a national missile defense years warning of a ballistic missile nologies utilized and the defense capa- system was the perceived threat from threat to the U.S. Although U.S. intel- bilities achieved are in no way deter- the Soviet Union during the cold war. ligence previously believed that Iran mined by this legislation. Further de- Although some assume that the col- could not field a medium-range missile velopment and improvements to the lapse of the Soviet Union and the con- until 2003, this system was flight-tested system are anticipated, and this legis- tinued thaw in previously frosty rela- in July. lation allows for that. S10054 CONGRESSIONAL RECORD — SENATE September 9, 1998 An additional strategic consideration President, the North Korean Govern- membership in the United States federation; is that the lack of a U.S. NMD system ment continues to defy the odds—but, and may actually provide an additional in- what concerns me is the old adage that Whereas the United States plans to field a national missile defense, perhaps as early as centive to would-be rogues. If the U.S. ‘‘desperate times often call for des- 2003; this national missile defense plan will implements an NMD system early perate measures.’’ If North Korea is provide only a fragile defense for Alaska, the enough, this may serve as a deterrent truly desperate, to what extent will it state most likely to be threatened by new to these states. go to try to hold on to its grasp of missile powers that are emerging in North- As mentioned, I believe that pre- power? east Asia; dictions regarding the technical medi- We have almost 80,000 American Be it resolved, That the Alaska State Legis- ocrity of hostile nations are exces- troops in the Asia/Pacific Theater. lature respectfully requests the President of sively optimistic. However, I also firm- Most of these troops are already in the the United States to take all actions necessary, within the considerable limits of the ly believe that a national missile de- range of current North Korean missile resources of the United States, to protect on fense system undoubtedly raises the technology. As their missile develop- an equal basis all peoples and resources of bar on the technological capability ment program advances, we can expect this great Union from threat of missile at- necessary to inflict damage. more American lives and territory to tack regardless of the physical location of Any nation hostile to the U.S. would be at risk. We cannot stand idly by and the member state; and be it not only have to achieve long-range ca- wait! We need to be prepared so that we Further resolved, That the Alaska State pability, but they would also have to can protect our citizens and our terri- Legislature respectfully requests that Alas- be sophisticated enough in their deliv- tory from such a reckless or accidental ka be included in every National Intelligence Estimate conducted by the United States ery system to defeat a defensive shield. strike by North Korea or some other joint intelligence agencies; and be it The financial and technical means nec- nation. Further resolved, That the Alaska State essary to accomplish this goal does, in- Alaskans have been justifiably con- Legislature respectfully requests the Presi- deed, comprise a substantial deterrent. cerned with this issue for some time. I dent of the United States to include Alaska More importantly, a missile defense ask unanimous consent to have printed and Hawaii, not just the contiguous 48 system places strategic stability on a in the RECORD at this time a resolution states, in every National Intelligence Esti- more reliable and less adversarial foun- passed by the Alaska State Legislature mate of missile threat to the United States; dation. The cold war deterrence relied and be it which calls on the Administration to Further resolved, That the Alaska State on vulnerability and threats of retalia- include Alaska and Hawaii in all future Legislature urges the United States govern- tion. Missile defenses create a shield of assessments of the threat of a ballistic ment to take necessary measures to ensure protection, while the maintenance of a missile attack on the United States. that Alaska is protected against foreseeable reliable stockpile underpins our credi- More than 20 percent of our domestic threats, nuclear and otherwise, posed by for- bility in threats of retaliation if at- oil comes from Alaska, all of it eign aggressors, including deployment of a tacked. through the Trans-Alaska Pipeline. ballistic missile defense system to protect Arms reductions can only achieve ob- Alaskans are concerned, as should the Alaska; and be it jectives of stable U.S.-Russian rela- Further resolved, That the Alaska State rest of the country be concerned, that Legislature conveys to the President of the tions if these reductions are accom- a strike at the pipeline could have dire United States expectations that Alaska’s panied by national missile defense de- consequences to our domestic energy safety and security take priority over any ployment. With such a system in place, production. international treaty or obligation and that possible non-compliance and third There being no objection, the resolu- the President take whatever action is nec- party threats are not as pertinent. This tion was ordered to be printed in the essary to ensure that Alaska can be defended would provide the confidence necessary RECORD, as follows:’ against limited missile attacks with the same degree of assurance as that provided to to achieve even greater reductions. STATE OF ALASKA—LEGISLATIVE RESOLVE NO. Mr. President, based on these con- all other states; and be it 36 Further resolved, That the Alaska State cerns about U.S. national security in Whereas Alaska is the 49th State to enter Legislature respectfully requests that the conjunction with my commitment to the federal union of the United States of appropriate Congressional committees hold disarmament objectives I cosponsored America and is entitled to all of the rights, hearings in Alaska that include defense ex- and fully support the legislation before privileges, and obligations that the union af- perts and administration officials to help us today. fords and requires; and Alaskans understand their risks, their level National missile defense will provide Whereas Alaska possesses natural re- of security, and Alaska’s vulnerability. the necessary additional security req- sources, including energy, mineral, and Copies of this resolution shall be sent to human resources, vital to the prosperity and uisite in an unstable and transitional the Honorable Bill Clinton, President of the national security of the United States; and United States; the Honorable Al Gore, Jr., global environment where hostile na- Whereas the people of Alaska are conscious Vice-President of the United States and tions are rapidly amassing threatening of the State’s remote northern location and President of the U.S. Senate; the Honorable and sophisticated weapons capability. proximity to Northeast Asia and the Eur- Newt Gingrich, Speaker of the U.S. House of The objectives set forth in this legisla- asian land mass, and of how that unique lo- Representatives; the Honorable Ted Stevens, tion achieve that goal. cation places the state in a more vulnerable Chair of the U.S. Senate Committee on Ap- Mr. MURKOWSKI. Mr. President, I position than other states with regard to propriations; the Honorable Bob Livingston, rise today in support of S. 1873, the missiles that could be launched in Asia and Chair of the U.S. House of Representatives Europe; and Committee on Appropriations; the Honorable American Missile Protection Act. This Whereas the people of Alaska recognize the bill is simple, but extremely impor- Strom Thurmond, Chair of the U.S. Senate changing nature of the international politi- Committee on Armed Services; the Honor- tant. It makes it clear that it is the cal structure and the evolution and pro- able Floyd Spence, Chair of the U.S. House of policy of the United States to deploy, liferation of missile delivery systems and Representatives Committee on National Se- as soon as technologically possible, a weapons of mass destruction as foreign curity; and to the Honorable Frank Murkow- national missile defense system which states seek the military means to deter the ski, U.S. Senator, and the Honorable Don is capable of defending the entire terri- power of the United States in international Young, U.S. Representative, members of the tory of the United States against lim- affairs; and Alaska delegation in Congress. Whereas there is a growing threat to Alas- ited ballistic missile attack. ka by potential aggressors in these nations Mr. MURKOWSKI. Last year North We voted on cloture earlier this and in rogue nations that are seeking nu- Korean defectors indicated that the year—the motion fell one vote shy. clear weapons capability and that have spon- North Korean missile development pro- Well, as is common in this business, we sored international terrorism; and gram already poses a verifiable threat are dealing with changed cir- Whereas a National Intelligence Estimate to American forces in Okinawa and cumstances. North Korea continues to to assess missile threats to the United seems on track to threaten parts of defy rational behavior. As we all know, States left Alaska and Hawaii out of the as- Alaska by the turn of the Century. The it recently fired a multi-stage missile sessment and estimate; and Taepodong missile, which is under de- Whereas one of the primary reasons for over Japan! Starvation in North Korea joining the Union of the United States of velopment, would have a range of is rampant, and many North Korea America was to gain security for the people about 3,100 miles. From certain parts of watchers have long predicted that gov- of Alaska and for the common regulation of North Korea, this weapon could easily ernment’s imminent collapse. Well, Mr. foreign affairs on the basis of an equitable target many of the Aleutian islands in September 9, 1998 CONGRESSIONAL RECORD — SENATE S10055 western Alaska, including the former the threat the United States and our smoldering disputes—is now perched on Adak Naval Air Base. allies face from rogue and terrorist the edge of a nuclear arms race. The Washington Times reported ear- states, and non-state actors. The following month, in June, North lier this year that the Chinese have 13 Beyond these, the future of Russia Korea blatantly announced that it was of 18 long-range strategic missiles and China remains unclear. While we selling, and would continue to sell, bal- armed with nuclear warheads aimed at wait to see if the forces of freedom and listic missiles to any and all comers. American cities. This is incredible, Mr. democracy prevail in the internal The only requirement is cash on the President. Opponents to the motion to struggles happening in these countries, barrel-head. invoke cloture somehow fail to under- we must remember that they maintain In July, the Congress received stark stand that this threat is real and that the capability to launch weapons of warning of our under-preparedness we have a responsibility to protect the mass destruction. Other states con- from the Rumsfeld Commission. This United States from attack, be it delib- tinue efforts to develop destructive ca- distinguished, bi-partisan, group of ex- erate or accidental. Without question, pabilities. Recently, Iran has made dra- perts concluded that our assessment of the threat of an attack on the United matic progress in its missile develop- the missile threat to America was in- States is increasingly real, and we ment. We know that China’s prolifera- adequate, and that hostile countries must act now to make certain that it tion has aided the development of were closer to developing and deploy- is the policy of the United States to Pakistan’s nuclear program, adding to ing ballistic missiles than we thought. construct a national missile defense the instability of South Asia. As if to prove the Rumsfeld Commis- system with the capability of inter- My primary concern with the Admin- sion right, Iran test-launched its cepting and deterring an aggressive istration’s ‘‘plan’’ on deploying an Shahab-3 missile that same month. strike against American soil from all anti-ballistic missile defense system is This weapon was based on a North Ko- parts of the United States—as soon as that it is premised on deploying a sys- rean design and updated with Russian possible. tem within three years of clearly iden- and Chinese assistance. It is capable of Finally, Mr. President, I would men- tifying an emerging threat. I believe striking U.S. allies and troops in the tion for a moment that S. 1873 is not, the Administration greatly overesti- Middle East. Iran also continues its and I repeat not, in any way a strike at mates its intelligence gathering capa- work on the Shahab-4, which will be Russia. The ABM treaty was crafted bility. able to reach central Europe. and agreed to when the United States In early 1997, a CIA official testified Then, just a few weeks ago, North and the Soviet Union were the only nu- that Iran was not expected to have the Korea test-launched its Taepo-Dong 1 clear powers. The mutually assured de- capability to field a medium range bal- missile—and they shot it right over our struction system was agreed to under listic missile until 2007. Less than a key ally, Japan. The Taepo-Dong 1 is a the understanding that we were dealing year later, that nine year time frame huge breakthrough for North Korea. It with the Soviet Union, and not third was significantly reduced by the CIA, is a multi-stage rocket that puts North parties. Times have changed; there are and another Administration official Korea over a critical technology countless more players that have com- predicted Iran could have the capabil- threshold. Their next missile, already plicated the issues. We have a respon- ity in as early as one-and-a-half years. under development, is the Taepo-Dong sibility to protect ourselves, and we Similarly, in 1997 the Department of 2 which will be capable of striking must act now to do so. Defense only credited Pakistan with a American shores. Mr. President, I support the motion 300 km capability. However, less than When I spoke on this subject in May, to proceed to the bill and hope that my six months later Pakistan launched a I cautioned that developments such as colleagues will vote overwhelmingly in missile capable of traveling 1,500 km. these were on the horizon. Indeed, I favor of this legislation this morning Based on past performance, I am very noted a few of them specifically. But I and pass it in the near future. hesitant to base the fielding of a mis- truly did not expect to stand here this Mr. MACK. Mr. President, I am sile defense system on the Administra- soon and recount that so many dan- pleased to be a cosponsor of S.1873, the tion’s determination of the existence of gerous developments actually oc- American Missile Protection Act of an emerging threat. I believe such a curred. My friends, the past few 1998 drafted by Senators COCHRAN and plan is grossly inadequate and could months demonstrate that the threats INOUYE. While I have been an ardent have catastrophic consequences for the from weapons of mass destruction and supporter of a vigorous missile defense American people. missiles with increasingly greater program with a specific architecture Mr. THOMPSON. Mr. President, last range are an imminent threat. We have and under a specific deployment sched- May, in the wake of India’s nuclear consistently underestimated that ule, a sufficient minority of members weapons tests, the Senate rejected by threat and must proceed with develop- has been able to derail this effort over one vote a motion to allow us to con- ment and deployment of a national the last few years. Therefore, the mod- sider the need for a national missile de- missile defense as soon as possible. est proposal under consideration today, fense. At that time I came to the floor I do not know if there will be another is an attempt to compromise by affirm- and urged my colleagues to support de- proliferation development to report atively establishing as U.S. policy the fending our nation against missile at- this month. Given the recent track deployment of an effective National tack. I recalled how the President, in record, it’s very likely there will be. Missile Defense (NMD) system as soon his State of the Union address, under- It’s certain that missile development as technologically possible. scored the importance of foresight and in hostile countries will continue I have long argued that such a sys- the need to prepare ‘‘for a far off apace. Moreover, world events are be- tem is both necessary and prudent be- storm.’’ The President wasn’t talking coming more and more chaotic each cause the threat of an attack or an in- about weapons proliferation and na- day. The instability in Russia and Asia advertent launch did not end with the tional missile defense, but I suggested and the continuing proliferation activi- termination of the cold war, but is real he should have been—and that the ties of countries like China and North and continues to grow. In fact, the thunder clouds of proliferation were Korea only heightens the prospect that threat is greater today than any time gathering. dangerous weapons technology will be in United States history. The tech- Since that vote in May, the storm sold to rogue actors. nology revolution aids equally those has picked up force and is not so ‘‘far President Clinton was recently who want to bring good into the world, off.’’ That weapons proliferation is a quoted in the press that requiring cer- as well as those who would do harm. serious threat to our nation is more ob- tification regarding other countries’ Recent activities in Africa, namely vious today that even a few month ago. actions only creates the need for the the bombing of our embassies in Kenya Allow me to remind my colleagues of Administration to ‘‘fudge’’ its report- and Tanzania, and the launch of ballis- a few developments since the Senate ing. More recently, it appears the Ad- tic missiles (or a satellite) by North last considered missile defense: ministration took an active role to Korea, as well as the shoot-down of two Following India’s nuclear tests, Paki- limit weapons inspections in Iraq, de- unarmed American aircraft in the Flor- stan conducted six of its own tests. The spite all its rhetoric to the contrary. ida straits two years ago, reminds us of South Asian subcontinent—rife with Mr. President, events like these are S10056 CONGRESSIONAL RECORD — SENATE September 9, 1998 highly worrisome because they suggest crease the nuclear threats this country affect existing and future arms control the President is less than forthcoming faces. treaties. It should be clear to every one to the American people, to our allies Quoting from S. 1873, ‘‘the United in this chamber that if the United and to our foes on issues of national de- States should deploy as soon as is tech- States unilaterally abrogates the ABM fense and foreign policy. Perhaps even nologically possible an effective na- Treaty, which is what S. 1873 states we more worrisome, however, is the possi- tional missile defense system.’’ In the will do, the Russians will effectively bility that Administration policy mak- eyes of the sponsors of this bill, the end a decades-long effort to reduce ers may be fooling themselves. In the only standard that must be met in de- strategic nuclear weapons. They will case of missile defense, this appears to ciding whether to deploy defenses is back out of START I. They will not be so. Their defense policy is based on that they be technologically possible. ratify START II. And they will not ne- hollow rhetoric and delusion. It is Mr. President, I cannot find a clear gotiate START III. In other words, a based on the hope of a three-year ad- definition of effective defenses in S. unilateral U.S. deployment of national vanced warning. My friends, we’re re- 1873. That troubles me greatly, though missile defenses could end the prospect ceiving our warnings now—over and it apparently doesn’t trouble the bill’s for reducing Russia’s strategic nuclear over again. It’s time to act. supporters. They are strangely silent arsenal from its current level of 9,000 It’s time to wake up and it’s time to when it comes to establishing even the weapons down to as few as 2,000. act. The technology to develop nuclear most minimal performance require- I find it hard to believe that many of and other weapons of mass destruction ments for missile defenses. Many of my colleagues are willing to forego the is widely available. If we do not pre- these bill supporters are the same peo- opportunity to eliminate thousands of pare today, when the day arrives that ple who reject important domestic pro- Russian nuclear weapons today in ex- America is paralyzed by our vulner- grams such as health care and school change for the possibility that we might some day be able to deploy a ability to ballistic missile attack, or construction because they fail to meet system that can intercept a few mis- when an attack actually occurs, we their stringent—sometimes logically siles. This is much too steep a price to will be reduced to telling the American impossible—set of conditions. pay for a course of action that at people—and history—that we had This irony is not lost on me, nor present is unproven, unaffordable, and hoped this would not happen. We will should it be lost on the rest of the Sen- ate. As I noted in May when we last de- unnecessary. have to say we had ample evidence of a Supporters of S. 1873 have argued bated this bill, the attitude displayed growing threat, but did not act for that the Senate should reconsider its by the proponents of S. 1873 is cavalier whatever reason. position on this issue as a result of even by military spending standards. Mr. President, if we’re going to err three major developments since May— Some research by the Department of on this issue, we should err on the side the nuclear weapons tests in India and Defense shows that S. 1873 would make of caution. If our choices are to deploy Pakistan, the Rumsfeld Commission a missile defense either too early or history. For the first time ever, we report on the threat posed by ballistic too late, let’s make it early. The first would be committing to deploy a weap- missiles, and North Korea’s test of a step in raising our guard is to pass S. ons system before it had been devel- medium-range ballistic missile. In re- 1873, the American Missile Protection oped, let alone thoroughly tested. ality, none of these events suggests we An additional irony is that most ex- Act, and commit the United States to should go forward with premature de- perts believe that a rush to judgment a policy of deploying national missile ployment of national missile defenses. on ballistic missile defenses will not defenses. The tests of nuclear weapons by India Mr. DASCHLE. Mr. President, as I necessarily lead to the deployment of and Pakistan as well as the larger issue listen to the debate on S. 1873, two ob- the most effective system. According of proliferation of nuclear weapons can servations come to my mind. First, it to General John Shalikashvili, the best and most directly be addressed by appears that a rigid adherence to ideol- former Chairman of the Joint Chiefs of swift consideration and ratification of ogy seems to be trumping the judg- Staff, ‘‘if the decision is made to de- the Comprehensive Test Ban Treaty. ment of this nation’s most senior mili- ploy a national missile defense system Adoption of S. 1873 does not directly tary leaders. Second, advocates of S. in the near term, then the system field- address this situation and will, in fact, 1873 apparently lack confidence in their ed would provide a very limited capa- lead to more, not less, nuclear weap- own publicly stated position. They are bility. If deploying a system in the ons. Unfortunately, the majority side insisting that the critical and costly near term can be avoided, the Defense of the Senate Foreign Relations Com- decision about whether we deploy a na- Department can continue to enhance mittee has not seen fit to conduct a tional missile defense should be based the technology base and the commen- single hearing on this issue, let alone on a single criterion—technological surate capability of the missile defense report out this treaty for consideration feasibility—a simplistic test that the system that could be fielded on a later by the full Senate. bill’s supporters are unwilling to use deployment schedule.’’ As for the remaining two events, I for any other federal program. In addition to its silence on the effec- commend to all members of the Senate The Senate should act as it did in tiveness issue, there is not a word in S. an excellent letter from General May. We should oppose cloture and 1873 about the costs of this system. The Shelton, this nation’s most senior mili- move on to the Patients’ Bill of Rights, Congressional Budget Office estimates tary leader. General Shelton and the campaign finance reform, education, that the deployment of even a very rest of the service chiefs take issue agricultural relief, and the environ- limited system could cost tens of bil- with the Rumsfeld Commission’s find- ment—all issues of greater urgency for lions of dollars. And given that so ings and reaffirm their support for the working families in this country. much of the necessary technology re- Clinton Administration’s current mis- The proponents of this latest attempt mains unproven, history tells us the sile defense policy and deployment to deploy ballistic missile defenses at real cost could be much, much more. readiness program. As for the recent all costs have entitled this bill the Despite the hefty price tag and the Korea missile test, although the letter American Missile Protection Act. But questionable technology, proponents of was written prior to the test, the let’s be clear, enactment of this bill this bill essentially say, ‘‘the costs be Chairman’s conclusions were explicitly will provide precious little if any addi- damned, full speed ahead.’’ Yet when it based on the assumption that North tional protection. If the Senate were to comes to proven proposals to improve Korea would continue the development immediately adopt this bill, we would our nation’s schools, increase the qual- and testing of their missile program. not be a single day closer to actually ity of health care, or enhance the envi- Quoting General Shelton, the North having a national missile defense. In ronment, the first question out of the Korean missile program, ‘‘has been pre- fact, as stated by the Secretary of De- mouths of the proponents of S. 1873 is, dicted and considered in the current fense and the Chairman of the Joint ‘‘how much does it cost?’’ examination.’’ Chiefs of Staff in recent letters to Con- Mr. President, S. 1873 also says abso- Mr. President, I ask my colleagues to gress, deployment of national missile lutely nothing about how a U.S. dec- reflect on the advice of the Secretary defenses at this time is unnecessary, laration that it plans to unilaterally of Defense and the Joint Chiefs of Staff premature, and could effectively in- deploy national missile defenses will and vote against cloture on S. 1873. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10057 Mr. ALLARD. Mr. President, I rise as mits to testing and selling missiles in nologically possible. To do anything a cosponsor and strong supporter of S. an effort to help build the arsenals of less would be to shirk our duties to 1873, the American Missile Protection Iran, Iraq, and Syria. Again, despite provide for the common defense of the Act, and I urge all my colleagues to the threats and pleadings of the Ad- United States and all its citizens. vote in favor of this much needed legis- ministration, North Korea has refused Mr. FAIRCLOTH. Mr. President, how lation. to stop developing, testing, and deploy- we vote is not always clear to Ameri- Let me begin by being blunt—the ing missiles. cans. For the average citizen it is not United States cannot defend its borders Lastly, opponents of a missile de- easy to keep straight whether a ‘‘yea’’ against a single ballistic missile at- fense system point to the Administra- is for or against something—whether it tack. This leaves all fifty states, espe- tion’s 1995 National Intelligence Esti- is a vote to pass a bill or table it. It cially Alaska and Hawaii, defenseless mate which stated that the United also can be difficult to sort out where against any country that wants to States would not face a threat of a mis- their senators stand when a particular threaten the U.S. with ballistic missile attack for at least 15 years. How- vote covers many provisions in one siles. ever, to come to this conclusion, they ‘‘package.’’ Which provision was the We will hear that there is no need for had to exclude any threat to Alaska ‘‘yea’’ vote for or the ‘‘no’’ vote a national missile defense because the and Hawaii. This intentional omission against? Soviet Union is gone. This is true, but is deceptive at best. We must not sac- But, Mr. President, the vote on clo- the USSR’s demise has given rise to rifice the protection of U.S. citizens ture of the American Missile Protec- many nations ready to take their living in Alaska and Hawaii just to tion Act (S. 1873) this morning is not at place. Russia has 25,000 nuclear war- score political points. By leaving one all one of those ‘‘confusing’’ votes. I heads and recent reports show that state vulnerable, we leave the country can think of no vote where it can be their technology and warheads are vulnerable. This is unacceptable. seen more clearly exactly where each readily available. Just as problematic While I am a strong supporter of the senator stands. This morning’s vote is that 25 nations have or are develop- capability of our intelligence commu- was black and white. This morning’s ing nuclear, biological and chemical nity, they are not perfect. In May, the vote shows who takes the most impor- weapons. Over 30 nations have ballistic U.S. intelligence community was tant function of the Federal Govern- missiles, with many more attempting caught by surprise when India con- ment—national security—seriously. to strengthen their weapon of mass deducted a series of nuclear tests on the The Senate failed for a second time struction capability. 11th and 13th of that month. In another this year to invoke cloture on the bill. Until just recently, China, with its surprise, despite intelligence estimates Forty-one Senators, all Democrats, over 400 warheads, had strategic nu- that Iran could not field its medium voted against protecting American clear missiles targeted at the United range ballistic missile until 2003, Iran families from the greatest threat to our homeland. States. However, these missiles could flight-tested this system on July 22nd Nothing can be more frightening be red-targeted within minutes if so de- of this year. Also, it has been reported than the thought of an attack on our sired. Just last week, North Korea that Iran is developing a longer-range homes by another nation using nu- placed all of South Asia on high alert version capable of reaching Central Eu- clear, biological, or chemical weapons. due to their missile test. They now rope. Not thinking about it or pretending have demonstrated the capability to Again, the Administration believes that it won’t happen are absolutely not build two-stage missiles, which is sig- that we will have at least 3 years warn- grownup ways to deal with this reality. nificant because adding stages in- ing before any missile attack would be Opponents of the American Missile creases missile range. While the Ad- feasible. However, on July 15th, the Protection Act claim concern with the ministration plays down the threat, I Congressionally mandated bipartisan fact that the bill mandates deployment cannot. This leaves the region and our Rumsfeld Commission concluded that of a National Missile Defense system. over 80,000 troops in the area vulner- the United States could get little to no They claim that this bill ties our hands able to attack. Also, according to warning of ballistic missile deploy- because when we finally do develop the ‘‘Jane’s Strategic Weapons Systems,’’ ments from several emerging powers. capability to deploy a system, there North Korea is developing long-range The Commission stated that ‘‘The might not be a need for it. missile capability that could threaten threat to the U.S. posed by these Might not be a need?? Let me be com- southern Alaska and with additional emerging capabilities is broader, more pletely up-front. It’s a myth that we assistance from Russia could later de- mature and evolving more rapidly than have plenty of time to build a missile velop missiles with ranges which could has been reported in estimates and re- defense capability and hold off deploy- threaten the west coast of the U.S. ports by the intelligence community.’’ ment until some potential future Opponents will also argue that a mis- It also warns that, ‘‘The warning times threat develops. The American people sile defense system cannot defend the the U.S. can expect of new, threatening need to get that scenario out of their United States against suitcase nukes ballistic missile deployments are being minds. The system is needed today, or terrorist attacks on our own soil. reduced. . . . the U.S. might well have right now, and it is time for this Ad- They are right, and we need to do more little or no warning before operational ministration to get off its slow-track to detect this form of terrorism, but it deployment.’’ development program. should not be done at the risk of a bal- While it may be difficult, we must Just two months ago, the Rumsfeld listic missile attack. To quote William admit that we live in an era of unstable Commission to Assess the Ballistic Safire, ‘‘. . . nations like China, Iran, international politics. The U.S. should Missile Threat to the United States Iraq, North Korea, India, and Pakistan never initiate a ballistic missile at- concluded that ‘‘ballistic missiles have not been investing heavily in suit- tack, but we cannot be sure that other armed with WMD payloads pose a stra- cases.’’ These countries are spending nations are like-minded. The United tegic threat to the United States.’’ The money on long range missiles. While States must be able to defend itself. I commission did not say there might be many of these countries may never believe the world would be a better a future threat, it said there is a threaten the United States, we should place without these weapons. In the present threat. Further, India and not base all of our future threats on meantime though, we must live with Pakistan have conducted nuclear tests, the present. the reality that they do exist and in North Korea just launched a two-stage Opponents also point out that non- the wrong hands will be used. missile over Japan, and we don’t know proliferation agreements will end the The bottom line is that if the United Iraq’s chemical weapons capability be- need for a missile defense. The problem States is on the receiving end of a mis- cause the inspectors have not been al- is that not all countries abide by these sile attack, we are defenseless. I be- lowed to look. If these events do not agreements, or even sign at all. Pres- lieve it is wrong to understate the dan- convince my colleagues on the other ently, China, North Korea, and Russia ger still lurking in the world. We must side of the aisle of our need for a Na- are all engaged in the transfer of mis- do all that is possible to protect all tional Missile Defense system, what sile components and technologies. De- Americans. We must develop a true na- will it take to convince them? Do they spite past denials, North Korea now ad- tional missile defense as soon as tech- actually have to see a missile strike? S10058 CONGRESSIONAL RECORD — SENATE September 9, 1998 So, Mr. President, I do not take seri- But I have other concerns as well. The PRESIDING OFFICER. The Sen- ously this criticism that S. 1873 is These relate to the potential cost of ator from Texas is recognized. flawed because it mandates deploy- the policy enshrined in this bill. And Mrs. HUTCHISON. Thank you, Mr. ment of a missile defense system that they focus on the dubious techno- President. I thank the Senator from may not be needed. This sounds more logical objective that lies at the heart Mississippi for his leadership. like a smoke screen. I believe that the of what is known as ‘‘National Missile Which of these actions would be the Democrat’s real hope is to try and re- Defense.’’ I think it is certainly appro- act of a strong and powerful nation led suscitate the Anti-Ballistic Missile priate to ask some tough questions—as by men and women of vision and fore- Treaty, which was voided by the break- the Rumsfeld Commission did—about sight: a nation that constantly reas- up of the Soviet Union. Getting back the foreign missile threat to determine sesses its security threats and tailors the ABM Treaty seems to be all con- if this threat is so grave or so immi- its defense to meet those threats, or a suming for some senators, and a U.S. nent that it requires throwing twin ba- nation that sits back and says let’s see National Missile Defense system gets bies out with the bath water: first, by what the threat is, then we will assess in the way of their goal. abandoning standard US government it and then we will address it? Mr. President, after today’s vote it is procurement laws and procedures when Mr. President, it was the latter very clear to American families that it comes to acquiring major techno- thinking that caused us to go to a hol- their senators either support real na- logical systems, and second by setting low military after World War II, and we tional security action or are trying to America on a course that is contary to paid the price with thousands of lives convince the citizens that a paper trea- our nation’s arms control treaty obli- in the Korean war—lives of our men ty will be sufficient to protect them— gations. And with respect to the con- and women, because we hadn’t planned there is no middle ground. sideration of what is actually possible, for the future. The PRESIDING OFFICER. The mi- I also want to call my colleagues’ at- Mr. President, we have gotten the nority has 15 seconds remaining; the tention to an article in the New York wake-up call. It is the Rumsfeld report majority a minute and a half. Times dated July 28 by Richard that Congress commissioned, which Mr. GLENN addressed the Chair. Garwin, a member of the Rumsfeld said that we have failed to estimate The PRESIDING OFFICER. The Sen- Commission. The article makes a per- how long it would take rogue nations ator from Ohio. suasive point: that we cannot—must to develop ballistic missiles. That is Mr. GLENN. Mr. President, I rise not—depend on a system for our de- the wake-up call. Are we going to meet today to oppose cloture on the Cochran fense which, even under the best cir- the security threats of this country? bill. cumstances, cannot accomplish its The greatest security threat we have is I will agree at the outset that the mission. In fact, it is not at all clear incoming ballistic missiles. If we put many cosponsors of this bill, though that any system we design could ever our mind to the technology, we can haling overwhelmingly from a single deal with all of the varied threats from prioritize our defense spending to say party, probably believe they have the different quarters. to the American people that we will best interests of the nation in mind by Mr. President, the American people protect you from incoming ballistic giving their support to this bill. So I are not dummies. I am convinced that missiles to our shores, or to any thea- am not here today to challenge their when they listen carefully to both sides ter where our Armed Forces are motives or to impugn their character. I on this issue, they will recognize that present. We can do no less if we are am here instead to state as concisely nobody has yet come up with an im- men and women of vision and foresight and sincerely as I can how and why I provement on existing US policy for for the greatest Nation on Earth. believe they are simply wrong. missile defense. They will come to this I urge your support for the Cochran This bill is fatally flawed because it conclusion precisely because our cur- visionary amendment that would pro- bases a profound national security de- rent policy is premised upon all of the tect our country at the earliest oppor- cision—that is, the decision to deploy a many considerations I have just sum- tunity. missile defense system spanning the marized . . . not just one. Mr. COCHRAN. Mr. President, I ask entire territory of the United States— Americans understand that it makes unanimous consent that Senator COATS upon one single consideration . . . its sense not to force the government to be added as a cosponsor of S. 1873. technological possibility. buy costly, high-risk technologies that The PRESIDING OFFICER. Without Voters across the land sent us here to simply have the possibility of being ef- objection, it is so ordered. Washington because here is where the fective. CLOTURE MOTION tough decisions are made that face all They understand that America’s na- The PRESIDING OFFICER. By unan- Americans. They are tough decisions tional security decisions must not be imous consent, pursuant to rule XXII, precisely because they rarely if ever in- made without considering the impacts the Chair lays before the Senate the volve only one consideration. They are of these decisions on the defense pending cloture motion, which the tough because they often entail tough choices that will be left open to other clerk will report. trade-offs in the pursuit of goals that countries. The assistant legislative clerk read our country simply cannot achieve all They understand that in an age of as follows: at once. As members of Congress, we balanced budgets, large new public sec- CLOTURE MOTION have to consider politics, economics, tor commitments will jeopardize fund- We, the undersigned Senators, in accord- short-term and long-term effects, im- ing prospects for a multitude of other ance with the provision of rule XXII of the pacts on other policies, legal issues, precious national goals. Standing Rules of the Senate, do hereby and other factors. We have to weigh all They will know how to assess the in- move to bring to a close debate on the mo- these considerations and reach a judg- correct claim so frequently made by tion to proceed to Calendar No. 345, S. 1873, the Missile Defense System legislation. ment on what will serve the interests missile defense advocates that America Trent Lott, Thad Cochran, Strom Thur- of the nation. is allegedly ‘‘defenseless’’ against the mond, Jon Kyl, Conrad Burns, Dirk Yet here we are today, deliberating a foreign missile threat. The closer they Kempthorne, Pat Roberts, Larry E. decision that could well lead to the ex- look at the $270-plus billion that we are Craig, Ted Stevens, Rick Santorum, penditure of tens or potentially hun- spending each year on the nation’s de- Judd Gregg, Tim Hutchinson, Jim dreds of billions of dollars solely on the fense (not to mention the additional Inhofe, Connie Mack, Robert F. Ben- basis of a wish on a star. And that star billions that we are investing in our nett, and Jeff Sessions. is Star Wars. diplomatic and intelligence capabili- CALL OF THE ROLL This is my main objection to the ties), the sooner they will see the fal- The PRESIDING OFFICER. By unan- bill—I just do not think it is wise to lacy in the idea of a defensless Amer- imous consent, the mandatory quorum base fundamental national security de- ica. call has been waived. cisions on simply one criterion, espe- Mr. COCHRAN. Mr. President, I yield VOTE cially one so notoriously ill-defined as the time remaining on our side to the The PRESIDING OFFICER. The the notion of a ‘‘technological possibil- distinguished Senator from Texas, Sen- question is, Is it the sense of the Sen- ity.’’ ator HUTCHISON, for closing our debate. ate that debate on a motion to proceed September 9, 1998 CONGRESSIONAL RECORD — SENATE S10059 to Senate bill 1873, the missile defense that some people must file for bank- I yield the floor. bill, shall be brought to a close? ruptcy. Some people fall on hard times The PRESIDING OFFICER. The Sen- The yeas and nays are required under and have financial problems that dwarf ator from Hawaii is recognized. the rule. The clerk will call the roll. their financial means. They need to Mr. AKAKA. Mr. President, I rise to The assistant legislative clerk called have the debts that they cannot pay speak during morning business for 5 the roll. forgiven under chapter 7. minutes. The yeas and nays resulted—yeas 59, However, other people who file for The PRESIDING OFFICER. Without nays 41, as follows: bankruptcy have assets or have the objection, it is so ordered. [Rollcall Vote No. 262 Leg.] ability to repay their debts over time. f YEAS—59 These people should reorganize their NEW WORLD ALTITUDE RECORD debts under chapter 13. Bankruptcy Abraham Frist Mack BREAKING FLIGHT Akaka Gorton McCain should not be an avenue for someone to Allard Gramm McConnell avoid paying their debts when they Mr. AKAKA. Mr. President, I rise Ashcroft Grams Murkowski have the ability to do so. People should today to recognize and celebrate the Bennett Grassley Nickles pay what they can. world record breaking achievements of Bond Gregg Roberts the National Aeronautics and Space Brownback Hagel Roth Unfortunately, too many people Burns Hatch Santorum today who file for bankruptcy choose Administration’s (NASA) Unmanned Campbell Helms Sessions to discharge their debts rather than re- Aerial Vehicle (UAV) program con- Chafee Hollings Shelby organize them and pay what they can. ducted at the Pacific Missile Range Fa- Coats Hutchinson Smith (NH) cility (PMRF) on Kauai. This exem- Cochran Hutchison Smith (OR) The reason may be because filing for Collins Inhofe Snowe bankruptcy does not have the moral plary program is part of NASA’s Envi- Coverdell Inouye Specter stigma it once had. It may be because ronmental Research Aircraft and Sen- Craig Jeffords Stevens sor Technology (ERAST) program, D’Amato Kempthorne Thomas the person needs to be educated on how DeWine Kyl Thompson to better manage their money. Maybe which first gained national recognition Domenici Lieberman Thurmond attorneys do not encourage enough for record breaking Pathfinder flights Enzi Lott Warner people to reorganize their debts. What- last year. Faircloth Lugar ever the reason, it is a big problem Mr. President, on December 10, 1997, I NAYS—41 today. was proud to participate in a ceremony Baucus Feingold Levin The problem is becoming more seri- dedicating the previous record break- Biden Feinstein Mikulski ous because more and more people are ing flight that reached an altitude of Bingaman Ford Moseley-Braun 71,500 feet in memory of Hawaii’s be- Boxer Glenn Moynihan filing for bankruptcy every year. In Breaux Graham Murray fact, more Americans filed for bank- loved hero, Colonel Ellison Onizuka. Bryan Harkin Reed ruptcy last year than ever before, This was a most fitting tribute to Bumpers Johnson Reid about 1.35 million people. honor Colonel Onizuka and inspire our Byrd Kennedy Robb S.1301 addresses the issue by making youth to excellence. Cleland Kerrey Rockefeller Since that time, the Pathfinder solar Conrad Kerry Sarbanes it easier for judges to transfer cases Daschle Kohl Torricelli from chapter 7 discharge to chapter 13 electric powered remotely piloted air- Dodd Landrieu Wellstone reorganization, based on the income of craft has undergone design upgrades Dorgan Lautenberg Wyden which have allowed the ERAST Team Durbin Leahy the debtor and other factors. The bill permits creditors to be involved if they to once again set a new world altitude The PRESIDING OFFICER. On this believe the debtor has the ability to record for unmanned solar-powered air- vote, the yeas are 59, the nays are 41. repay. However, if a creditor abuses craft. This landmark was accomplished Three-fifths of the Senators duly cho- that power and brings such motions when the solarplane climbed to 80,200 sen and sworn not having voted in the without substantial justification, the feet above PMRF on August 6, 1998. I affirmative, the motion is rejected. creditor is penalized. Also, the legisla- am particularly proud of the students Mr. GORTON. I move to reconsider tion places more responsibility on at- and faculty of Kauai Community Col- the vote. torneys to steer individuals toward lege and the talented personnel at Mr. LEVIN. I move to lay that mo- paying what they can. PMRF who assisted NASA’s ERAST tion on the table. The bill makes reforms without jeop- Team in attaining this monumental The motion to lay on the table was ardizing the truly needy. For example, achievement. agreed to. the bill has special provisions to pro- The success of Pathfinder and Path- The PRESIDING OFFICER (Mr. ROB- tect mothers who depend on child sup- finder Plus has opened new doors to ERTS). The distinguished Senator from port by making these payments the top possible educational, scientific, and Washington is recognized. priority for payment in bankruptcy. technological applications that were Mr. GORTON. Mr. President, the dis- Mr. President, it is too easy to file not imaginable a few years ago. There tinguished President pro tempore has for bankruptcy. It is too easy to get are countless implications for advances asked for 5 or 10 minutes to speak as in the slate wiped clean. We recognize in the fields of aviation, satellite de- morning business. I ask unanimous that some people need a fresh start. ployment, solar energy technology, consent that you recognize him for But a fresh start should not mean a oceanic and atmospheric research and that purpose. free ride. We must stop this type of monitoring, and environmental protec- The PRESIDING OFFICER. Without abuse. tion. objection, it is so ordered. It is important to note that we are Mr. President, I commend NASA’s The distinguished Senator from only attempting to proceed to the bill. ERAST Team, the students and faculty South Carolina is recognized. It is only appropriate that we consider of Kauai Community College and the f this legislation on the merits this year. personnel at PMRF for demonstrating Under the outstanding leadership of that through our imagination, we can CONSUMER BANKRUPTCY REFORM Senator GRASSLEY, we held numerous reach unimagined realms in space and ACT hearings during this Congress in the near space. Mr. THURMOND. Mr. President, I Judiciary Committee on bankruptcy PRIVILEGE OF THE FLOOR rise today in support of cloture on the and on this bill in particular. We have Mr. WELLSTONE. Mr. President, I motion to proceed to S.1301, the Con- considered and debated this legislation ask unanimous consent that Deanna sumer Bankruptcy Reform Act, which at the subcommittee and full commit- Caldwell and Jennifer Gaib be allowed will be voted on later today. This legis- tee, where it was reported out on a bi- to be on the floor during the debate on lation is urgently needed to address partisan vote of 16 to 2. Much work has campaign finance reform. abuses of our bankruptcy laws and help been invested in this complex issue, The PRESIDING OFFICER. Without make sure bankruptcy is reserved for and it would be a mistake not to act on objection, it is so ordered. those who truly need it. this important reform proposal this Mr. GORTON addressed the Chair. We have had Federal bankruptcy year. It deserves our consideration and The PRESIDING OFFICER. The dis- laws for 100 years, and no one disputes our support. tinguished Senator from Washington. S10060 CONGRESSIONAL RECORD — SENATE September 9, 1998 MEASURES PLACED ON THE not available to discuss the McCain- in America before, but I don’t think CALENDAR—H.R. 2183 AND H.R. 3682 Feingold bill. Members who have inter- there is any doubt that that is the case Mr. GORTON. Mr. President, I under- ests in the Interior appropriations bill today. ‘‘Which of the following issues stand there are two bills at the desk who have amendments that they think do you want Congress to focus on? Re- awaiting their second reading. I now will be accepted or can be worked out storing moral values, 22 percent; improving education, 19 percent; reducing ask for the second reading of the first should be in contact with me or with taxes and Federal spending, 13 per- bill. staff of the Appropriations Committee, and we will attempt to work them in cent.’’ The PRESIDING OFFICER. The Mr. President, when 22 percent of the clerk will report. whenever it is convenient to do so. Mr. MCCAIN addressed the Chair. American people say they believe that The assistant legislative clerk read The PRESIDING OFFICER. The Sen- restoring values is the No. 1 issue they as follows: ator from Arizona is recognized. want Congress to focus on, I don’t be- A bill (H.R. 2183) to amend the Federal Mr. MCCAIN. Mr. President, first I lieve they are just referring to the Election Campaign Act of 1971 to reform the mention a scheduling item. I am con- problems concerning the Presidency financing of campaigns for elections for Fed- fident that the agreement we reached and that crisis. I think they are talk- eral office, and for other purposes. yesterday was that there would be a ing about the fact that they don’t be- Mr. GORTON. I object to further con- vote either late tomorrow afternoon or lieve that they, as individual citizens, sideration of the bill at this time. early evening. Now I am told that are represented here in the Congress in The PRESIDING OFFICER. The bill there may be some Members on the the legislative process. I think they be- will be placed on the calendar. other side who want to have an earlier lieve that special interests rule. I be- Mr. GORTON. I now ask for the sec- vote. Mr. President, I will not agree to lieve they are concerned that no longer ond reading of the second bill. such a thing. I believe that we need are their concerns paramount, but only The PRESIDING OFFICER. The more than 2 days’ debate on this issue those of major contributors. clerk will report. even though we have been over this The effect of this was manifested just The assistant legislative clerk read issue many times before. I just want to yesterday in my home State of Arizona as follows: tell my colleagues on both sides, but in the primary that was held, as has A bill (H.R. 3682) to amend title 18, United particularly on the other side of the been true throughout the country. It States Code, to prohibit taking minors aisle, I understand there are personal was the lowest voter turnout, as a per- across State lines to avoid laws requiring the commitments and we will try to ac- centage, of any time in the history of involvement of parents in abortion decisions. commodate those, but to have a vote my State. I don’t think that voters Mr. GORTON. I object to further con- earlier than very late tomorrow after- didn’t turn out to vote in the primary sideration of the bill at this time. noon or tomorrow evening I think in Arizona yesterday because of their The PRESIDING OFFICER. The bill would not be in keeping with the agree- anger—which may be justified—at the will be placed on the calendar. ment that we reached yesterday. President of the United States; I think f This is not a happy time for America. they didn’t turn out because they be- It is not a happy time for the institu- lieve that the present system of financ- DEPARTMENT OF THE INTERIOR tions of government, especially the ing campaigns results in an exclusion AND RELATED AGENCIES APPRO- Presidency, but also the Congress. We of them in the legislative process; their PRIATIONS ACT, 1999 are going through a very wrenching homes and their dreams and aspira- The PRESIDING OFFICER. Under and difficult episode which already, I tions for themselves and their families the previous order, the Senate will now think most of us would agree, ranks in are no longer reflected here in the Con- resume consideration of S. 2237, which the first order of crises that affect this gress of the United States. the clerk will report. country. And it affects us. As I have Mr. President, the amendment at the The assistant legislative clerk read said on numerous occasions, all of us desk, which is commonly known as the as follows: are tarred by a brush when the institu- McCain-Feingold campaign finance leg- A bill (S. 2237) making appropriations for tions of government are diminished islation, is amended by Senators the Department of the Interior and related and affected by scandal. But it also SNOWE and JEFFORDS. This amendment agencies for the fiscal year ending Septem- points out the criticality of us address- would begin to reform a severely bro- ber 30, 1999, and for other purposes. ing this issue of campaign finance re- ken campaign finance system. Early The Senate resumed consideration of form now rather than later. In today’s last month, the Members of the other the bill. newspaper, ‘‘Reno Sets 90-day Clinton body did what the Senate has failed to Pending: Probe’’: do, and that is to pass genuine cam- McCain Amendment No. 3554, to re- Attorney General Janet Reno yesterday paign finance reform. By so doing, they form the financing of Federal elec- opened a preliminary investigation of Presi- have given Members of this body who tions. dent Clinton that could lead to an independ- support reform encouragement that ent counsel probe of allegations that he or- Congress, at long last, may accede to AMENDMENT NO. 3554 chestrated a plan to violate spending limits the wishes of the majority in both The PRESIDING OFFICER. The for his 1996 reelection campaign. . . .The new Houses of Congress and to the wishes of Chair will observe that the pending Clinton inquiry was triggered by a prelimi- the vast majority of the people we rep- amendment is numbered 3554. nary report last month from the Federal Election Commission auditors. The auditors resent by repairing a campaign finance Mr. GORTON. Mr. President, while system that has become a national em- we are on the Interior appropriations concluded that the DNC ads about issues such as Medicare and the budget amounted barrassment and assails the integrity bill, the current amendment is the to ‘‘electioneering’’ on the President’s be- of the office that we are privileged to McCain-Feingold campaign financing half, and the Clinton-Gore campaign should hold. amendment. Whether we will use all of be required to reimburse the government for I want to commend and thank Rep- the time of the Senate between now the entire $13.4 million it received in Federal resentatives SHAYS and MEEHAN, and and the time for a vote on a motion for matching funds. many other Members of the other body, cloture on the amendment, I am not This morning, in most of the major whose courage and determination have certain. newspapers in America, there is a poll given us a chance to reclaim the re- However, it is very unlikely, I say to that is conducted by the Terrence spect of the American people. I appeal my colleagues, that we will debate con- Group and Lake, Snell, Perry and Asso- to all Members of the Senate to listen tested amendments to the Interior ap- ciates—one Democrat and one Repub- to the majority of our colleagues in the propriations bill before we have com- lican polling group: ‘‘What do you other body, and to the majority of Sen- pleted debate on McCain-Feingold. think is the number one problem ators, and seize this historic oppor- However, we are available to deal with today? Moral-religious issues, 14 per- tunity to give the Nation a campaign amendments that can be worked out cent; crime and drugs, 14 percent; econ- finance system that is worthy of the and agreed to which we will send up omy and jobs, 13 percent.’’ world’s greatest democracy. and deal with if there are any short Mr. President, perhaps moral and re- Mr. President, no Washington pundit spaces of time in which Members are ligious issues have been a No. 1 priority thought that the House would actually September 9, 1998 CONGRESSIONAL RECORD — SENATE S10061 pass campaign finance reform, but it acted, we changed the law, and we side of the campaign committee which can did. It was not an easy fight. But those changed it in our society for the better. raise the largest boodle fund. in favor of reform prevailed. I hope the Let’s do the same now. This important bill for publicity of campaign contributions is a nonpartisan meas- majority in the Senate that favors re- I know that many colleagues think ure. There should be no politics in it. We form will be able to prevail here. A ma- this refrain has become all too famil- should all advocate from patriotic motives; jority in the House passed reform be- iar, and they are correct. This is not but some of the gentlemen on the other side cause the American people demand it. the first time our campaign finance are injecting party politics into it, and are Members of the House recognized that system has been in need of reform, and doing everything in their power to prevent the current system is awash in money, it will undoubtedly not be the last, be- the Members of this House who sincerely exploited loopholes, and publicly per- cause as time passes, the flaws and favor the bill from having the opportunity to vote for it. .. It is a shame the way this bill ceived corruption. It is a system that loopholes in the law become more evi- is being strangled to death. no Member of Congress should take dence. It is at that time that the Con- In 1908, Congress went on to do the pride in defending. gress has historically done what is people’s bidding. It passed the cam- Before I discuss the matter more needed; it has passed campaign finance paign finance reform legislation. fully, I want to remind my colleagues reform. In 1947, Senator Ellender stood on of three points. One, for reform to be- The underlying purpose of this movement this floor, and stated: come law, it must be bipartisan. This is for the publication of contributions made for It came to my attention as chairman of a bipartisan bill. It is a bill that affects campaign purposes is to limit expenditures that committee—and this feeling is shared both parties in a fair and equal man- in political contests to legitimate purposes by committee members joining me in spon- ner. and to lessen the use of money in political soring this bill—that the present statutes Two, reform must seek to reduce the elections. dealing with elections, campaign expendi- role of money in politics. Spending on So said Senator Culberson in 1908. tures, and contributions, and limitations campaigns in current inflation-ad- Senator Culberson inserted into the thereon, are utterly inadequate and unrealis- justed dollars continues to rise. In con- RECORD many letters, many of which tic and as now in force and do not begin to stant dollars, the amount spent on could have been written today: accomplish the purposes for which they were enacted. . . House and Senate races in 1976 was $318 For some years there has been earnest agi- I may state, Mr. President, that our com- million. By 1986 that total had risen to tation of the question of enforcing campaign mittee last year found that many corpora- $645 million, and in 1996 it was $765 mil- contributions relating to national elections. tions and some labor organizations had spent lion. Including the Presidential races, A strong public sentiment has been created thousands of dollars in Federal elections, but over a billion dollars was spent in the in favor of this important regulation. In obe- we could not force them to report for the dience to this sentiment, a bill is now pend- last campaign. As the need for money reason that the money expended was not ing in Congress providing for the desired considered as contributions. So this bill re- escalates, the influence of those who publicity. The question is whether the bill quires any money spent to be reported by have it rises exponentially. will be passed, defeated, or smothered. whoever makes the expenditure. Three, reform must seek a level play- The letter continues: Experience has shown that some corpora- ing field between challengers and in- tions and labor unions have spent money di- cumbents. Our bill achieves this by rec- No party should be afraid to go before the rectly on behalf of a party or candidate and country with a record of its campaign ognizing the fact that incumbents thus I invaded the application of the prohibi- financiering. tion upon contributions. must always raise more money than No candidate for office should hesitate to challengers. As a general rule, the can- have the people know the sources of cam- In 1947 the Congress, again, re- didate with the most money wins the paign money. In other words, such contribu- sponded to the public’s disdain for the race. If money is forced to play a lesser tions should come only from legitimate way our campaigns are financed and role, then challengers will have a bet- sources, and only money from such sources passed campaign finance reform legis- ter chance. would be accepted, if the facts had to be lation. The amendment before the Senate made public: Hence, the great importance of In 1974, in the aftermath of the Wa- achieves these three points. Is the publicity. The people do not want successful tergate scandal, the Congress again candidates to owe their elections to special passed campaign finance reform legis- measure perfect? No. Is it a legitimate interests affected by the subsequent adminis- start for discussion? Yes. For that rea- lation. trations of such candidates. Such favors and Mr. President, after what we know son, I hope my colleagues will support obligations they involve are absolutely about the last election, it is time again cloture and allow the Senate to work against the principles of honest government, its will, to improve the measure where whether that government be national, State, to pass campaign finance reform legis- necessary, and begin a real dialog with or municipal. lation. Mr. President, recently there was the House on what can and should be In the House that same year 1908, given to me a memo that is public sent to the President for his signature. Congressman Sulzer stated: knowledge: The Democratic National I want to repeat that this is the Sen- In my opinion, this publicity campaign Committee, Democratic National Com- ate’s opportunity to not only do what contribution bill is one of the most impor- mittee Managing Trustee Events and is right but what is necessary. Wash- tant measures before this House. It is a bill Membership Requirements Events; two ington has lately become synonymous for more honest elections, to more effec- annual Managing Trustee Events where with scandal, but for all the recent tively safeguard the elected franchise, and it the President in Washington, DC, at- scintillating revelations, the real scan- affects the entire people of this country. It concerns the honor of the country. The hon- tended; two annual meetings, trustee dal—a scandal that will not go away— est people of the land want it passed. All par- event for the Vice President, et cetera. is the money that is and has been cor- ties should favor it. Recent investigations It is kind of a standard thing that you rupting our elections. Unless this Sen- conclusively demonstrate how important to see on these kind of things. But the ate finds the courage to act, that scan- all the people of the country is the speedy thing that is interesting about this is dal will not subside. enactment of this bill. the fifth one down, ‘‘Annual Economic Some will come to the floor and state Remember, this statement was made that we do not need to reform how Trade Missions.’’ ‘‘Managing trustees in 1908. are invited to participate in foreign campaigns are run. They will state in- In every national contest of recent years stead that we should simply enforce trade missions, which affords opportu- the campaign has been a disgraceful scram- nities to join Party leaders in meeting the laws that already exist. Mr. Presi- ble to see which party could raise the most dent, with all due respect, this argu- money, not for legitimate expenses but to with business leaders abroad.’’ Another memorandum that was ment is specious. Republicans de- carry a system of political iniquity that will given to me of May 5, 1994, to Anne manded that the welfare system be re- not and cannot bear the light of publicity. Cahill from Martha Phipps: formed not only because it was the Political corruption dreads the sun of public- right thing to do but because the sys- ity and works in the secret of White House Activities: In order to reach darkness . . . Napoleon said victory was on our very aggressive goal of $40 million this tem was riddled with loopholes and was the side of the heaviest guns. There are year, it would be very helpful if we could co- being abused and exploited. We didn’t many thoughtful people in this country who ordinate the following activities between the sit back and simply challenge the exec- have been saying since 1896 that the political White House and Democratic National Com- utive branch to enforce the laws. We victory in our Presidential contest is on the mittee: 1. Two reserved seats on Air Force S10062 CONGRESSIONAL RECORD — SENATE September 9, 1998 One; and, 2. Six seats at all White House pri- selves to blame for the low esteem in reformers have been out around the vate dinners. which we are held by the American country seeking to get new laws on the No. 4: ‘‘Invitations to participate in people. We will have done our part to books at various States and localities, official delegation trips abroad. Con- degrade the high office to which we some by referendum, some by State tact: Alexis Herman.’’ have been elected. We will by our inac- statute. All of those, of course, are sub- Mr. President, that is wrong. We tion contribute to the alienation of the sequently found in the courts, in litiga- know that is wrong. And the people American people from the people who tion. So what I would like to do here at who did it knew that it was wrong at have sworn an oath to defend their in- the outset is give my colleagues an up- the time. That is not an appropriate terests. date on what is happening in the use of official trade missions. As I mentioned, Mr. President, yes- courts; all of these court cases, by the This gives rise to all the speculation terday was primary day in Arizona. way, reaffirming Buckley in one way or and allegations concerning the transfer Turn out was an all-time low, indicat- another. of technology to China. It makes it ing another record-setting low turnout I would remind everyone—I think ev- much more logical or believable when election day. I have no doubt whatso- eryone in this Chamber surely knows you read about these kinds of things. ever that the way in which we finance the Buckley case, Buckley v. Valeo, Mr. President, I know this legislation our campaigns has in no small measure the landmark case in the area of cam- is not perfect. I know that if given the contributed to the abysmal com- paign finance reform which has not opportunity to offer amendments, mentary of the health of our democ- been changed by any of the courts over many Members would do exactly that, racy. The people’s contempt—there is the last almost 25 years. In fact, court and the measure could be improved. no more charitable way to describe it— decisions have deepened and broadened For example, I think there would be for us and for the way in which we at- areas of permissible political speech a majority vote in this body that would tain our privileged place in govern- over the quarter of a century since this raise the individual spending limits to ment cannot be sustained perpetually. landmark case, widely thought to have the level of $1,000, which it was in 1974, We will someday pay a high price for been written by Justice Brennan. So that some here may not agree with. our inattention to this problem. We let me just run down a few cases that But I believe the majority would. will forfeit our ability to lead the coun- have been decided just since April of I believe that the Snowe-Jeffords try as we meet the complicated chal- this year, since there is a good deal of amendment went a long way towards lenges confronting us at the end of this litigation emanating from these State leveling the playing field as far as century because we have so badly efforts to restrict the rights of people unions, businesses, and corporations squandered the public respect nec- to be involved in political activity. are concerned. I know that there are essary to persuade the Nation to take On April 17, in Americans for Medical other ways we could improve this legis- the often difficult actions that are re- Rights v. Heller, the United States Dis- lation. I know that we can do that if quired to defend the Nation’s interests. trict Court for the District of Nevada my colleagues would vote for cloture. Our ability to lead depends solely on held that the Nevada State Constitu- I appeal to my colleagues to muster the public’s trust in us. Mr. President, tion could not be enforced so as to pre- the courage that led to reform in 1908, people do not trust us today. And that vent issue advocacy groups from con- 1947, and 1974. breach, that calamity, is what the sup- tributing more than $5,000 to a ballot Mr. President, I ran for public office porters of campaign finance reform in- initiative. This was a court response to first in 1982. It was not the kind of tend to repair. I beg all of my col- an effort to try to shut up groups in money in that campaign that I see leagues to join in this effort and give criticizing politicians—very similar to today. When I meet a young man or our constituents a reason to again the measure currently before us which woman who is interested in public of- trust us, and to take pride in the insti- seeks to make it essentially impossible fice nowadays—I used to ask them, tution we are so proud to serve. for a group to criticize a politician in ‘‘How do you feel about smaller govern- Mr. President, I yield the floor. proximity to an election. ment, taxes, less regulation?’’ We Several Senators addressed the On April 27, in Kruse v. Cincinnati, would have discussions of the issues. Chair. the United States Court of Appeals for Now there is only one question you ask The PRESIDING OFFICER. The Sen- the Sixth Circuit held that a Cin- a young man or woman who is inter- ator from Kentucky is recognized. cinnati ordinance placing spending ested in seeking public office. And I Mr. MCCONNELL. Mr. President, caps on campaigns for city council vio- might add it seems to be fewer and some in the press have suggested there lated the first amendment. This case is fewer. The only question is, ‘‘Where is is a sense of momentum for this issue noteworthy. Here was a conscious ef- the money? Where is the money?’’ Be- because it passed the House of Rep- fort on the part of the city council in cause, if they don’t have the money, resentatives. I would remind my col- Cincinnati to get a court, some court, obviously no matter how they stand on leagues that a measure similar to this to revisit the question of whether the issues, no matter how principled passed the House in the 101st Congress, spending limits were permissible. This they are, and how impressive their re- the 102d Congress, and the 103d Con- is something the Buckley case struck sume might be, their chances of gress. So it is not unusual, I would say, down forthwith, and forthrightly. That achieving public office are dramati- for the House of Representatives to effort to get the court to reverse its de- cally diminished. pass this kind of legislation. It has cision was unsuccessful. I know that many on this side of the happened before, and I would say it On April 29, in North Carolina Right aisle don’t agree with all of the provi- does not reveal any sense of momen- to Life v. Bartlett, the U.S. District sions of the amendment. I know they tum behind a plan that is constitu- Court for the Eastern District of North recognize that there is a problem—a tionally flawed. Speaking of the Con- Carolina held a State statute that at- problem that we have to address. stitution, we were on this same issue tempted to regulate issue advocacy This is our opportunity, and if we opt last fall and then we were on it again groups as unconstitutional. That is the to gridlock over results, we will only in February. The outcome was the same issue we have before us in the fuel the cynicism of the American elec- same during those debates, and in a McCain-Feingold amendment, the ef- torate. sense what we are doing is having the fort by the Government to try to regu- I want to point out again, every po- same debate once again. late constitutionally protected issue litical expert is predicting that we will There have been suggestions, particu- advocacy. have the lowest voter turnout in this larly on the other side, that the courts On June 1, in FEC v. Akins, the Su- upcoming election than at any time in might be open to changing the Buckley preme Court held that voters have history. I think that is a sad com- case or revisiting it in some way. So I standing to challenge the FEC’s dis- mentary. think it is always appropriate, when we missal of an administrative complaint. I hope we will do what is right to have these periodic campaign finance Although the Court remanded the case take such steps as necessary to pass debates, to bring my colleagues up to for further proceedings, the Court meaningful campaign finance reform. date on what has been happening in the strongly suggested that a membership Should we fail, we will have only our- courts. As we all know, the so-called organization’s communications with September 9, 1998 CONGRESSIONAL RECORD — SENATE S10063 its own members would not meet the zens’ ability to engage in issue advo- up and tell them to do this or not to do definition of ‘‘expenditures’’ subject to cacy contained in McCain-Feingold that. That is what they don’t want regulation by Congress. will be upheld as constitutional. There anybody else in America to be able to In another case, on June 1, in Right is certainly no evidence that the courts do. to Life of Dutchess County v. FEC, the are moving in the direction of allowing Mr. President, part of what is at the U.S. District Court for the Southern governments at any level to restrain root of this debate is: Who is going to District of New York joined a chorus of the voices of citizens at any time in have the opportunity to express them- many other Federal groups in striking proximity to an election or any other selves, who is going to be able to en- down—striking down—an FEC regula- time. gage in political discourse, in this tion that prohibited corporate speech, Mr. President, issue advocacy is, of country? Just newspapers and nobody even though that speech stopped short course, as I said, constitutionally pro- else? Boy, that would be a good deal for of the ‘‘express advocacy’’ standard tected speech. The New York Times, them. That is exactly what they have adopted in the Buckley case. the Washington Post, and USA Today in mind, because they practice issue Then on June 4, in Russell v. Burris, are some of the most aggressive users advocacy every day, and sometimes it the U.S. Court of Appeals for the of issue advocacy. These multimillion- is remarkably similar to the issue ads Eighth Circuit held that contribution dollar corporations express themselves you see on television run by organized limits of $300 to certain State can- without limitation at any point, both labor, or plaintiffs’ lawyers, or you didates violated the first amendment in the news sections and on the edi- name it. ‘‘Call Congressman’’ so-and- and that special privileges to so-called torial pages. They are the practitioners so, ‘‘and tell him to do’’ this or do that, ‘‘small donor’’ PACs violated the equal of the first amendment. it said in the New York Times of April protection clause. The problem with the New York 21. On June 11, in State of Washington v. Times, the Washington Post, and USA The Washington Post has been not 119 Vote No!, the Supreme Court of Today is that they think the first far behind, another megacorporation Washington held that a State statute amendment only applies to them. It is which exists for the purpose of influ- which prohibits a person from sponsor- amusing to look at the amount of encing political discourse in this coun- ing, with actual malice, a political ad- space dedicated over the last 2 years by try. This big corporation, of course, vertisement containing a false state- these three newspapers to their efforts like the other big corporation I just ment of material fact to be facially un- to aid and abet those who would shut mentioned, the New York Times, is ex- constitutional. up citizens and make it difficult for empt from the Federal Election Cam- On July 21, in Virginia Society for them to exercise their constitutional paign Act, and this big corporation, Human Life v. Caldwell, the U.S. Court rights. too, would like to restrict the speech of of Appeals for the Fourth Circuit held Just looking at the New York Times, other American citizens in order to en- that a Virginia campaign finance stat- they have editorialized on the subject hance its own views. ute could not reach the conduct of of campaign finance reform between On the subject of campaign finance groups that engaged in issue advocacy. July 1, 1997, and September 9, 1998, 82 reform, going back to January 1, 1997, On July 23, in Shrink Missouri Gov- ernment PAC v. Adams, the U.S. Court times. The average number of days be- the Washington Post has written 53 of Appeals for the Eighth Circuit held tween campaign finance editorials in editorials. The average number of days that a first amendment challenge of a the New York Times is 8. On the aver- between editorials on campaign finance State statute limiting campaign con- age, every 8 days, the New York Times reform in the Washington Post is 12. tributions was so likely to succeed that is lobbying for campaign finance re- So, Mr. President, every 12 days, this a preliminary injunction should issue form, which they have a constitutional great, huge American corporation is preventing Missouri from enforcing the right to do. What is particularly amus- lobbying the Congress to take a par- statute. ing is the way in which they do it, ticular position on campaign finance On July 23, in Suster v. Marshall, the which is remarkably similar to issue reform. U.S. Court of Appeals for the Sixth Cir- advocacy that groups engage in fre- I defend their right to do it, but I cuit enjoined the enforcement of a pro- quently on television. find it amusing—if not really troubling vision of the Ohio Code of Judicial Con- The typical issue ad says at the end more than amusing—that this kind of duct which capped spending in a judi- of the ad, ‘‘Call Congressman’’ so-and- corporation should have this kind of cial election for the Ohio Common so ‘‘and tell him to either keep on influence and everybody else in society Pleas Court at $75,000—again, a court doing what he is doing’’ or ‘‘stop doing in proximity to an election would be decision striking down spending limits. what he is doing.’’ I thought it was par- essentially muffled from being able to On August 10, in Alaska Civil Lib- ticularly amusing that the April 21, mention a candidate’s name in proxim- erties Union v. the State of Alaska, the 1998, editorial in the New York Times ity to an election. Superior Court for the State of Alaska was just like issue advocacy. The same So some big corporations would have granted summary judgment, ruling opportunity they would deny to anyone an advantage; others a disadvantage. Alaska’s campaign finance reform leg- else, they engaged in themselves. That is what the Washington Post islation unconstitutional and, there- They opined here about the impor- would like—more power and more ad- fore, null and void. tance of passing their version of cam- vantage. USA Today, another huge Finally, on August 11, in Vannatta v. paign finance reform and then listed American corporation—between Janu- Keisling, the U.S. Court of Appeals for Members of the House and their phone ary 1, 1997, and today, USA Today has the Ninth Circuit held that an Oregon numbers—exactly the kind of thing run 25 editorials on the subject of cam- ballot measure passed into law which they don’t want anybody else to do. Ex- paign finance reform. That is an aver- prohibited State candidates from using actly the kind of thing they would pro- age of one every 25 days—another or directing any contributions from hibit every other American citizen major American corporation seeking to out-of-district residents and penalizing from doing in proximity to an election, influence the course of this legislation, candidates when more than 10 percent they are doing right here on the edi- which also supports McCain-Feingold, of their total funding comes from such torial page. which would make it impossible for individuals does not survive scrutiny Of course, the newspapers are exempt anybody else to do the same thing in under the first amendment. from the Federal Election Campaign proximity to an election. My reason for the recitation of these Act. I think they should be exempt, but The USA Today editorial just yester- cases is these are cases just since April, I find it disingenuous in the extreme day was remarkably akin to an issue and every single one of them, at least for them to engage in the very same ad, Mr. President, remarkably akin to three of which are right on the point of practice. This is a huge, multi-, prob- an issue ad, just like the New York issue advocacy, which is what we have ably billion-dollar, American corpora- Times editorial back in April I men- before us today, have ruled these gov- tion, a corporation engaging in issue tioned awhile ago. They state their ernment restrictions unconstitutional. advocacy, putting the heat on elected case on the editorial page, and then So there is virtually no chance—no officials, putting their phone numbers they list all the Republican Senators, chance—that the restrictions on citi- in there, saying call them—call them and particularly they highlight those S10064 CONGRESSIONAL RECORD — SENATE September 9, 1998 who are up for reelection this year. in late 1997, found that Americans, by a The further good news is the courts And they put their phone numbers by margin of 61 percent to 19 percent, be- would not uphold this legislation if we their names. Issue advocacy, Mr. Presi- lieve that a candidate preferred by re- did pass it. I just mentioned three dent; within 60 days of an election. porters will beat a candidate who cases that have been handed down in Under the bill they support, over at raises more money. the last 6 months indicating that Gov- USA Today, nobody else in America Mr. President, I am making these ernment restrictions on issue advo- could do this, could mention a can- points somewhat tongue in cheek be- cacy, tried by State governments, is didate’s name within 60 days of an elec- cause, obviously, I am not advocating clearly unconstitutional. tion. So this big corporation would restrictions on newspapers. But what I But what is truly disturbing in this have its power further enhanced by the find particularly outrageous is news- free country, Mr. President, is that quieting of the voices of everybody else papers advocating restrictions on ev- these big corporations that own these in America who sought to express eryone else. Who are they to think that newspapers are so aggressively advo- themselves within 60 days of an elec- they are the only ones who are to have cating efforts to quiet the voices of tion by maybe saying something un- influence in the American political other American citizens. kind about some Member of Congress. process? It is truly alarming that in 1998 these So, Mr. President, there isn’t any Richard Harwood of the Washington big corporations, which already have question; there is an enormous transfer Post, on October 15, 1997, made some enormous influence in our country, of influence and power to the part of interesting points along those lines. want to have even more. In fact, they corporate America that owns and oper- Mr. Harwood said: want to have a monopoly on influence ates newspapers. Of course they are en- It is fortunate for the press in the United in proximity to an election. And as we thusiastic about this kind of legisla- States that the voice of the people is not the all know, they are perfectly free to do voice of God or the Supreme Court. editorials, both on the front page and tion. This industry, the newspaper in- That is because Americans, in the mass, dustry, which already has an enormous believe in ‘‘free speech’’ and a ‘‘free press’’ on the editorial page—and do—up to amount of power, would be dramati- only in theory. In practice they reject those and including the day before the elec- cally more powerful if the kind of leg- concepts. tion. And I defend their right to do it. islation we have before us were passed. That was the troubling conclusion drawn, But what is disturbing is they do not Some would argue there is a media ironically, from a major study of public want to let anybody else have their opinion commissioned in 1990 by the Amer- say. So this legislation, Mr. President, loophole in the Federal Election Cam- ican Society of Newspaper Editors as part of paign Act because they are exempt dramatically benefits the fourth estate the observance of the 200th anniversary of at the expense of other citizens in our from all of these restrictions that cur- the Bill of Rights. . . . country. rently apply to everybody else, and cer- So this was a survey taken, I guess, tainly would be exempt of the greater Now, finally, before going to Senator by the Louis Harris organization for BYRD, I have heard it said that we need restrictions that this legislation seeks the Center for Media and Public Af- to place on Americans of all kinds. to pass this kind of legislation. I have fairs. And Mr. Harwood points out the heard for over a decade we need to pass Mr. President, there are some Ameri- findings are, as he puts it, ‘‘depress- cans who believe that newspapers are a this kind of legislation in order to re- ing.’’ store the faith of the American people bigger problem, a bigger problem than The first point in this survey of the in the Congress. In October of 1994, in campaign contributors. There was an American people, Harwood, in talking the waning days of the end of Demo- interesting article back on October 21, about the American people, said: 1997—excuse me, Mr. President, it is a crat control of this Congress, only 27 If they had their way, ‘‘the people’’—mean- percent of the American people ap- Rasmussen poll, an interesting finding. ing a majority of adults—would not allow proved of the Congress. As of this past More than 80% of Americans would like to journalists to practice their trade without place restrictions on the way that news- first obtaining, as lawyers and doctors must, week, the congressional approval rat- papers cover political campaigns. In fact, re- a license. ing was 55 percent. Now, the 55 percent stricting newspaper coverage is far more The second finding of this survey: approval rating Congress has today popular than public funding of campaigns. [The people] would confer on judges the comes after two Federal elections, 1994 Restrictions on newspaper coverage power to impose fines on publishers and and 1996, with record spending, three is far more popular than public funding broadcasters for ‘‘inaccurate and biased re- intervening filibusters of McCain-Fein- of campaigns. This is the American porting’’. . . . gold and its ancestor, Boren-Mitchell, people in a poll in late 1997 discussing Third: and even the Clinton-Gore fundraising the influence of newspapers on the po- They would empower government entities scandal. litical process. to monitor the work of journalists for fair- Clearly, Mr. President, there is no Further, in the description of the poll ness and compel us to ‘‘give equal coverage political imperative to pass campaign to all sides of a controversial issue.’’ They finance bills that are unconstitutional. finding, it says: also favor the creation of local and national One reason for the public desire to restrict To suggest that the Congress is still news councils to investigate complaints unpopular—which it isn’t—or that newspapers is that Americans think report- against the press and issue ‘‘corrections’’ of ers and editorial writers have a bigger im- erroneous news reports. when it was unpopular it was somehow related to this issue simply cannot be pact on elections than campaign contribu- Harwood further points out, at the tions. supported by the facts. end of his article: Mr. FEINGOLD. Mr. President, would Bill Schneider, a reputable pollster So press freedoms remain, as in the past, who works for CNN, back in February the Senator yield for a question? dependent not on the goodwill of the masses Mr. MCCONNELL. Not at the mo- but on the goodwill and philosophical dis- of this year had an interesting article ment. position of the nine men and women of the in the National Journal. This was when The Rasmussen Research survey found Supreme Court of the United States. the approval rating of Congress began that 68% of Americans believe newspaper Mr. President, I make those points to to turn around. He pointed out in Feb- editorials are more important than a $1,000 illustrate that the principal bene- ruary 14 of this year: contribution. Only 17% think such contribu- ficiaries of the amendment before us For the first time in at least 25 years, a tions have a bigger impact. are the huge corporations of America majority of Americans approve of the way Americans may also support restrictions Congress is doing its job. Congress—perhaps on reporters because more than seven-out-of- that control the press. They almost the most ridiculed institution in America ten believe personal preferences of reporters uniformly support legislation that —has rarely gotten above a 40 per cent job- influence their coverage of politics. In fact, would quiet the voices, at least in 60 approval rating since 1974. Now, it’s at 56 per Americans overwhelmingly believe (by a 61% days’ proximity to an election, of all cent. to 19% margin) that a candidate preferred by other American citizens, thereby en- That was then; it is 55 percent now. reporters will beat a candidate who raises hancing the ability of newspapers to ‘‘What’s going on here?’’ said Bill more money. control the outcome of American elec- Schneider. Let me repeat that, Mr. President. tions. A balanced budget, a booming economy This comprehensive poll of American The good news, Mr. President, is we and—not the least important—a smaller gov- citizens on the influence of newspapers, are not going to pass this legislation. ernment. ‘‘We have the smallest government September 9, 1998 CONGRESSIONAL RECORD — SENATE S10065 in 35 years, but a more progressive one,’’ the to object to any other discussions marks before the Senator from West President said. Right now, trust in govern- about other matters that do not have Virginia begins. ment is at its highest level since the Reagan to do with the issue before us, before The PRESIDING OFFICER. Without era, when it was ‘‘morning in America.’’ the scheduled cloture vote. But in this objection, it is so ordered. Now, we clearly do not need to pass instance I will not object. Mr. FEINGOLD. Mr. President, I re- this unconstitutional legislation in Mr. BYRD. Mr. President, I thank peatedly asked the Senator from Ken- order to deal with cynicism about the the distinguished Senator. I hope that tucky if he would yield for a question Congress, which enjoys a 55 percent ap- other Senators would permit me to about his statements about the case proval rating. proceed. law, and he refused on several occa- I might say that at the end of the Mr. MCCAIN. Mr. President, could sions. That is regrettable because I Congress in 1994, I was personally in- the Senator at least wait until 12:30, if hope we will have a debate here, but I volved in an all-night filibuster on Sep- he has to be someplace at 1:30? We just do appreciate his review of the case tember 30, 1994. I will never forget it. It began. There have been two statements law. I think it is helpful, and I do want is the only real filibuster we have had that have been given on this very im- to hear Senator BYRD’s remarks very here in 10 years. It was an all-nighter. portant issue. I understand and appre- shortly. The cots were out. People were blurry ciate the seniority and respect and dig- Let me quickly point out that I eyed. But it was a remarkably uplifting nity that the Senator from West Vir- heard the Senator from Kentucky dis- event for those of us who were involved ginia has, but this is incredibly disrup- cussing a Nevada case regarding rein it. We defeated Boren-Mitchell a tive, which I am sure the Senator from striction on spending on issue advo- mere 5 weeks before the greatest Re- West Virginia can understand. cacy. But the bill before the Senate has publican congressional victory of this Mr. BYRD. Mr. President, will the no such restriction. So that case is not century. distinguished Senator yield so I might applicable to what is before the Senate. Suffice it to say, there is no connec- reply? The Senator referred to the Cin- tion between this issue and electoral Mr. MCCONNELL. I yield to the Sen- cinnati spending limits case. The prob- success. The responses you get on polls ator from West Virginia. lem is, our bill before the Senate does on this issue depend on how you ask Mr. BYRD. Mr. President, I hope the not have any spending limits in it. the question. This is an arcane, com- Senator will remember that debate on The Senator is arguing case law that plicated subject, and it is the obliga- the Interior bill is being interrupted has absolutely nothing to do with what tion and the responsibility of Members here. I have no objection to that. And we are debating here today. I think of the Senate to protect the Constitu- there was a request that there be no that is regrettable because this is sup- tion, to protect political discourse in amendments until, I believe it was Fri- posed to be a debate about the amend- this country, and to do the right thing day or Thursday, at some point, or ment before the Senate. one more time. until we vote on cloture on this mat- The Senator discussed a case involv- Mr. President, I am confident that, ter. I had no objection to that. But I ing in-state contributions. But there at the appropriate time, this amend- could have objected. That debate was are no in-state limits included in this ment will be defeated. interrupted. I don’t interrupt in de- bill. And the same for the California Mr. BYRD. Mr. President, will the bates very often. I hope the Senator case involving small donor—— distinguished Senator yield? will allow me to proceed in this in- Mr. MCCONNELL. Will the Senator Mr. MCCONNELL. Yes, I yield to the stance. yield? Senator from West Virginia. Mr. MCCAIN. Mr. President, reserv- Mr. FEINGOLD. I will yield for a Mr. BYRD. Mr. President, I wonder if ing the right to object, and I will not question, yes. I might get consent to speak on an- object because of the Senator from Mr. MCCONNELL. The Senator from other matter at the conclusion of the West Virginia, but the fact is we are Kentucky—if the Senator from Wiscon- Senator’s remarks? debating an amendment just as we nor- sin was closely listening—didn’t claim Mr. FEINGOLD addressed the Chair. mally do. And we are under a unani- the cases were about issue advocacy. The PRESIDING OFFICER. The Sen- mous consent agreement, which we What the Senator from Kentucky said ator from Wisconsin. normally do. The Senator from West is that all the cases were further rein- Mr. FEINGOLD. Reserving the right Virginia could object to us going into forcement of the Buckley decision and to object, I wonder if the Senator has session—we all know that—because we that several of the cases were about any notion about approximately how function by unanimous consent. I issue advocacy. much time he would consume? think it is very unfortunate that when Mr. FEINGOLD. None of the provi- Mr. BYRD. I guess it would be 45 we have, really, now, a day and a half, sions that were specifically cited with minutes to an hour. It would give Sen- and we just initiated debate on this regard to those cases has anything to ators a chance to get lunch. very, very critical issue, the Senator do with the legislation before us. I will Mr. MCCAIN. Mr. President, reserv- has to do that at this time. I will not make the point now and continue to ing the right to object, I would say in object. make the point throughout this debate all due respect to the most respected Mr. BYRD. Mr. President, I thank that when case law is cited, it ought to Senator from West Virginia, we have a the distinguished Senator. have something to do with the matter limited amount of time to debate this The PRESIDING OFFICER. Without before the Senate, or that clouds the issue. There are Senators who want to objection, it is so ordered. issue of constitutionality in a way that talk on it. I say in all respect to the Mr. BYRD. If the Senator from Ken- is a disservice. If the Senator from Senator from West Virginia, we have tucky will yield, I make the request I Kentucky is going to make his argu- just begun this debate. We just had the be recognized, upon the conclusion of ments based on court cases, he should first opening statements. If we inter- the remarks by the Senator from Ken- at least recognize and acknowledge rupt for 45 minutes to an hour, I think tucky, for not to exceed 1 hour. that this version of the bill does not in- The PRESIDING OFFICER. Is there that would certainly disrupt this entire clude many of the red herrings that he objection? Hearing none, it is so or- debate, which is of the greatest impor- keeps presenting before the Senate. As dered. tance. I hope the Senator from West Mr. FEINGOLD. Mr. President, will we say in the law, these cases are read- Virginia, in all great respect, would un- the Senator yield for a question? ily distinguishable from the matter be- derstand. Mr. MCCONNELL. I yield the floor. fore us. Mr. BYRD. I do understand that. I Mr. FEINGOLD. Will the Senator With that, Mr. President, I ask unan- have to be somewhere else from 1:30 on, yield for a question? imous consent to add as cosponsors to for awhile. I had hoped that I might be Mr. MCCONNELL. I yield the floor. the McCain-Feingold amendment, in able to speak out of order earlier. The PRESIDING OFFICER. Under addition to Senators THOMPSON, Mr. FEINGOLD. Mr. President, let the previous order, the Senator from SNOWE, COLLINS, and JEFFORDS, Sen- me indicate, if I may, I will not object West Virginia is recognized. ators LEVIN, GLENN, LIEBERMAN, and to this Senator’s request. But let me Mr. FEINGOLD. Mr. President, I ask WELLSTONE, who are long-time and vig- say that after this address I do intend unanimous consent to make brief re- orous supporters of this bill. S10066 CONGRESSIONAL RECORD — SENATE September 9, 1998 The PRESIDING OFFICER. Without fered to the House version of the It is absolutely critical that we finish objection, it is so ordered. Shays-Meehan bill. There were a total the job now; that we finish the job now Mr. FEINGOLD. Mr. President, I very of 41 rollcall votes on those amend- before the end of this Congress, other- much look forward to the remarks of ments. The House spent over 50 hours wise, we will undoubtedly see an explo- the Senator from West Virginia and ap- debating campaign finance reform, an sion of soft money fundraising as the preciate his courtesy in allowing me to amount of time that is almost unprece- parties get ready for the next big show, speak. dented to spend on one bill over there. and that is the next Presidential elec- The PRESIDING OFFICER. Under I think we do it fairly frequently here, tion in the year 2000. the previous order, the Senator from but it is almost unprecedented in the If we go home and allow this soft West Virginia is recognized for up to 60 House. money system to continue into the minutes. The opponents of reform tried to next Presidential election cycle, we Mr. BYRD. Mr. President, I thank take a page from the Senate playbook will reap scandals that will make the the distinguished Senator, and I thank, and openly proclaimed that they were scandals of 1996 look pale by compari- again, all Senators for allowing me to going to try to kill the bill with son. speak at this particular juncture. amendments. Just like here, they of- Look at what has happened in this (By unanimous consent, the remarks fered poison pills and they tried to cycle already will give you a clue as to of Mr. BYRD, Mr. GRAMM, Mr. FEINGOLD overwhelm the reformers with just the what is going to happen. Already in pertaining to another subject are print- sheer number of amendments. They this cycle, according to Common ed later in today’s RECORD.) tried to drown them in amendments, Cause, the parties have raised a total Mr. FEINGOLD addressed the Chair. but they failed, and they failed miser- of $116 million, and that is the most The PRESIDING OFFICER (Mr. ably. ever in a non-Presidential cycle. Soft BURNS). The Senator from Wisconsin. In the end, a reform bill emerged and money fundraising more than tripled Mr. FEINGOLD. Mr. President, the passed the House that retained all of from 1992 to 1996—from an already McCain-Feingold bill was first intro- the essential features of the McCain- troubling amount of $86 million to the duced in the fall of 1995, just about 3 Feingold bill—a ban on soft money, im- now staggering amount of $262 million. years ago. To date, thanks to the truly proved disclosure of campaign con- Based on that growth, some estimate extraordinary efforts of our colleagues tributions, codification of the Supreme that the parties could raise $600 million in the other House, we are as close as Court Beck decision, and provisions de- in soft money in the year 2000 cycle— we have ever been to passing that bill signed to deal with campaign advertis- $600 million. Over half a billion dollars and making a start on cleaning up the ing that is dressed up as issue advertis- in soft money is likely to be the con- corrupt campaign finance system that ing. sequence and the disgusting display in has seemed so intractable for so long. After many months of debate in the the year 2000. As we stand here today, only eight House, the bill has come back to the Mr. President, we already have a ma- votes stand between this bill and the Senate. It is now on the calendar and is jority in this body, and with just eight President’s desk—just eight votes. awaiting action. more votes in the Senate we can stop Only eight Senators out of all Members The majority leader objected to this escalation of soft money. We can of the Congress are preventing this bringing up the House-passed version of say to the political parties, Enough is body from joining the other body in McCain-Feingold, but, fortunately, enough. Go back to raising money passing campaign finance reform. that was not the end of the matter. Be- under the limits established in the Fed- Eight Senators are blocking the Senate cause we have the right as Senators to eral Election Campaign Act. And then from banning soft money. offer amendments to pending legisla- if somebody says, ‘‘Well, we need more Mr. President, the time for excuses is tion, we were able to bring it up on this money,’’ then start raising money from over. It is time to finish the job. It is bill, and that is exactly what Senator more people; get more people involved. time to pass campaign finance reform MCCAIN and I have done. We would Don’t just extort more and more and send it on to the President. have been delighted if the majority money from the major corporations Let me first take a moment to re- leader had agreed to bring up the and labor unions that are eager to mind my colleagues of what happened House-passed version of the bill, and curry favor with the Congress or the in the other body the week after we in some comments that he made on ‘‘Meet President. the Senate left for the August recess. the Press’’ this weekend suggested that Mr. President, the American people This campaign finance reform bill that he was going to do just that. But by of- are sick of tales of big money fund- all the pundits thought was dead and fering our amendment, we will assure raisers. It is a terrible turnoff for a cit- constantly claimed as dead actually that the Senate will again vote on this izen of average means to read that peo- passed the other body by a very strong issue, which is what the people of this ple give $100,000, or $250,000 to sit at the vote. The vote was 252 to 179. That is country want. head table with the President, or have right, Mr. President, 252 to 179 in the Once again, I want to say that I am a special meeting with the majority House. It wasn’t even close. By any very proud of the solid, 100-percent sup- leader of the U.S. Senate. They do not measure, the passage in the House of port of the Democratic Senators for want more stories like the story of the Shays-Meehan version of the this bill. I am grateful for the efforts of Roger Tamraz who gave $300,000 to the McCain-Feingold bill was a landslide. the minority leader, Senator DASCHLE, Democratic National Committee hop- Sixty-one Republicans, over one-quar- to keep this issue on the agenda and ing for the special access he needed to ter of the Republican caucus in the en- line up our caucus in support of the promote his pipeline project. Tamraz tire House, voted for this bill. Mr. McCain-Feingold bill. told the Governmental Affairs Com- President, I think that should answer But we are not doing this for partisan mittee that as he thought about it, the once and for all the allegation that the reasons. We are doing this because it is next time he would give $600,000 if he McCain-Feingold bill is a partisan the right thing to do for our country. thought this would help his business piece of legislation. It is not. This campaign finance system is sap- and that getting special access was not Sixty-one Republicans would not ping the confidence of the American just one of the reasons he gave to the vote for a bill that is a Trojan horse for people in their Government. People DNC, he said it was the only reason he the Democratic Party. No, this bill has have seen time and time again that gave the $300,000 and would give now been shown in both Houses to be a these huge soft money contributions do $600,000—for special access. bipartisan solution to a bipartisan influence the congressional agenda. But these kinds of scandals are bound problem. They understand that we cannot act in to come back again and again because The House vote was the culmination the interest of average people if we are our political parties, Mr. President, are of literally months of debate on cam- spending too much time trying to woo addicted to soft money. They cannot paign finance reform. The debate actu- the big contributors. They know that get enough of it. And the reason is that ally started, if you can believe this, on soft money must be eliminated before they have found a way to make soft May 21 and did not conclude until Au- it just totally swamps our elections money work directly for them in Fed- gust 6. There were 72 amendments of- and our legislature. eral elections. This is an incredible September 9, 1998 CONGRESSIONAL RECORD — SENATE S10067 twist of a loophole that was established cifically to help elect more Repub- of 25 seats in ‘‘eminently doable’’ if Members by the FEC in 1978. Remember that licans to the House, not just to talk cough up millions of dollars for their col- prior to 1996, most of the parties’ soft about issues. leagues before the August break, according So here you have the leaders of a na- to a GOP leadership source close to the ef- money went into what were called fort. party building activities—get out the tional political party designing a huge Privately, top GOP leaders expect a net vote drives, voter registration efforts, media plan specifically to elect can- gain of five to ten seats unless the Operation and the like. didates from that party, and specifi- Break-out is implemented. But then in 1996, the parties discov- cally planning to take advantage of the Gingrich and company rolled out the $37 ered the issue ad, and it was off to the phony issue ad loophole so they can at million issue-advocacy campaign to Mem- races. Both Presidential campaigns di- bers at a private meeting at the Capitol Hill least partially pay for the campaign Club yesterday and plan to brief key Mem- rectly benefited from these kinds of with soft money. bers and staffers on the communications ads—you know, the ones that do not This is what the twin loopholes—soft plan in coming weeks. explicitly say ‘‘vote for’’ or ‘‘vote money and phony issue ads—have led If Republican leaders can overcome inter- against’’ a candidate, but they are us to. And, of course, Mr. President, nal opposition from key Members—including nonetheless obviously aimed at di- neither party is exempt. I have consist- Majority Whip Tom Delay (Texas) and Con- rectly influencing an election, obvi- ently maintained a bipartisan approach ference Vice Chairwoman Jennifer Dunn (Wash)—the new election plan will be the ve- ously intentionally intended to cause to this issue in my work with the sen- hicle Gingrich and company hope to ride to someone to vote specifically for one ior Senator from Arizona and in my an expanded majority in November’s elec- candidate or another. And they used other work on this issue. And I will do tions, the sources said. party soft money to pay for the ads. so today. ‘‘I have always felt that we get weak-kneed Now, here is an irony, Mr. President. A Democratic Party source is quoted in the spring and worry we’ll lose seats,’’ Just yesterday, Attorney General Reno in that same Roll Call story as saying said Appropriations Chairman Bob Living- announced yet another 90-day inquiry that the Democratic Party is budget- ston (La), who has pledged $500,000 for the project. into the campaign finance scandals of ing $6 million for issue ads and possibly ‘‘This is the best economy in 50 years, so the 1996 campaign. It has to do with a lot more. And, of course, the Repub- it’s the incumbents’ time. This (new strat- issue ads run by the DNC, a portion of lican Party justifies its plan as a pre- egy) will help expand (our majority) even which were paid for with soft money. emptive strike against the labor unions further.’’ The allegation is that it was improper that spent about $25 million on issue Democrats are not losing any sleep over the GOP’s plan. for the President to have participated ads in the 1996 elections. ‘‘Republicans will spend more than us, but in the development of that ad cam- Mr. President, I ask unanimous con- we will be competitive in the area of issue paign. The McCain-Feingold amend- sent that the entire Roll Call story be advocacy,’’ said Democratic Congressional ment that is before us makes it very printed in the RECORD. Campaign Committee spokesman Dan clear that such ads cannot be paid for There being no objection, the mate- Sallick, who added that Democrats will with soft money and cannot be coordi- rial was ordered to be printed in the budget more than $6 million for issue advocacy and possibly ‘‘substantially more.’’ nated by the parties with their can- RECORD, as follows: ‘‘As 1996 showed, we do not have to spend didates. Yet some of the very people [From Roll Call, July 23, 1998] more money to be competitive’’ who are calling on the Attorney Gen- GOP PLANS TO ‘‘BREAK OUT’’ IN FALL ELEC- SHAKING THE MONEY TREE eral to appoint this independent coun- TION, LEADERSHIP WANTS $37 MILLION FOR As of today, there are roughly 170 Repub- sel are staunchly opposed to this AD CAMPAIGN lican incumbents who either have no opposi- amendment anyway. (By Jim VandeHei) tion in November’s election or token opposi- We also already have seen the parties Speaker Newt Gingrich (R–Ga) and top tion from an inadequately funded challenger and outside groups preparing to exploit GOP leaders have devised a $37 million who has little chance of winning. Combined, the phony issue ad loophole in this ‘‘issue advocacy’’ media campaign and a de- these Members are sitting on almost $60 mil- election. Over the next month, more tailed communications plan to deliver poll- lion in campaign funds, according to GOP strategists. and more election ads will begin ap- tested messages to dozens of targeted Con- gressional districts in coming months, ac- If Linder, Gingrich and the rest of the GOP pearing around the country, but be- leaders can pry some portion of that money cause of that loophole, in many cases cording to internal documents and several Republican sources familiar with the strat- from these Republican incumbents, they are there will be no disclosure either of the egy. confident that the NRCC can blanket as spending itself or of the identity of the The $37 million media campaign, the cen- many as 60 Congressional districts with donors who are really behind the ads. terpiece of the Republicans’ strategy, will be issue-based ads between Labor Day and Elec- launched around Labor Day in an effort to tion Day. These issue ad campaigns, Mr. Presi- ‘‘We can sit back, do little on the House preempt an anticipated ad blitz by the AFL– dent, are blatantly targeted at specific floor, get out of here early and probably win CIO and to define the agenda heading into elections, but again their creators in- five seats,’’ said one GOP operative. ‘‘But if November. Republican Members are expected tentionally avoid the elections law, but we can get Members and (outside groups) to to contribute or raise $15 million to $20 mil- kick in $40 million more than we have budg- avoiding the so-called magic words of lion total for the project, including $8 mil- eted, there’s a damn good chance we can ex- ‘‘vote for’’ or ‘‘vote against.’’ lion in hard money in the next few weeks. pand our majority by 20 to 30 seats.’’ Here is an example. The Capitol Hill Republican leaders are calling the plan newspaper Roll Call reported in July That’s the message Gingrich and Linder ‘‘Operation Break-out:’’ a comprehensive delivered to Republican Members at the that the Republican Party is planning strategy to blanket as many as 50 to 60 bat- closed-door meeting yesterday. a $37 million issue advocacy campaign tleground districts with ‘‘issue advocacy’’ And they promised to lead by example. to begin running after Labor Day de- television ads touting the GOP’s success in Gingrich, Majority Leader Dick Armey signed to help Republicans pick up balancing the budget, cutting taxes and re- (Texas), Livingston and Rep. David Dreier seats in the House in November. Roll forming welfare. (Calif) all pledged to kick in $500,000 each. Gingrich and National Republican Congres- Call described the campaign as follows: Linder promised $200,000 from his personal sional Committee Chairman John Linder account and Oversight Chairman Bill Thom- Republican leaders are calling the plan (Ga) predict that if Members help raise the as (Calif) pledged $100,000 and will urge other ‘‘Operation Break-Out:’’ a comprehensive $37 million, the GOP will pick up as many as chairmen to follow suit. strategy to blanket as many as 50 to 60 bat- 25 additional seats, according to GOP offi- Deputy Majority Whip Dennis Hastert (Ill) tleground districts with ‘‘issue advocacy’’ cials. stood up at Wednesday’s meeting and prom- television ads touting the GOP’s success in Operation Break-out, according to GOP ised $150,000, and Reps. Tom Davis (Va), Jim balancing the budget, cutting taxes and re- leadership sources, also includes a new com- McCrery (La) and Larry Combest (Texas) forming welfare. munications regime and a legislative agenda vowed to pump in $100,000 each. Even Rep. The story then states that Repub- that caters specifically to the Republicans’ Chris Shays (Conn), a moderate Republican lican officials predict that if Members financial contributors off Capitol Hill. These who has worked closely with Democrats on help raise the $37 million, then the contributors, once placated, will be hit up certain issues, pledged $50,000. during the August recess to help bankroll Top political strategists from the NRCC party will pick up as many as 25 addi- the ad campaign. and certain leadership offices are reviewing tional seats. So they are candid. They While Gingrich insisted in an interview campaign data from every Republican Mem- are very upfront about the fact that that a 40-seat gain is possible, GOP strate- ber to determine how much money individ- this issue ad campaign is designed spe- gists have determined that a net pickup of 15 ual Members can afford to ante up. While no S10068 CONGRESSIONAL RECORD — SENATE September 9, 1998 specific targets have been spent, any Repub- the message led to a nasty fight between cleaner, less corrupt, less out of con- lican who is a cinch to win this November Boehner and Dunn, and their relationship re- trol Presidential campaign. We do not will be expected to contribute significantly mains icy at best, according to several want more of the same of what we saw to the effort. sources. ‘‘Members will be leaned on to help the Congnizant that communications is the in 1996. team,’’ said one leadership source. weakness, top advisers for Gingrich, Armey Mr. President, all across the country Gingrich, Armey and Linder have formed a and Boehner have spent the past two months the American people are telling us that ‘‘whip team’’ of about 20 Members who will writing a Republican ‘‘playbook,’’ which will they do, in fact, overwhelmingly sup- make sure that Members and outside groups be distributed to Members soon. The play- port the McCain-Feingold bill. Recent are paying their fair share. book, which provides Members with the polls conducted in eight States during The whip team—which includes top GOP party line on a variety of topics, outlines a the month of August by the Mellman leaders and the party’s most aggressive unified message for the campaigning Repub- Group for the advocacy group Public money men, such as Reps. Mark Foley (Fla) licans, according to a draft copy of the docu- Campaign showed that strong majori- and Bill Paxon (NY)—will twist Members’ ment. arms for cash and lobby wealthy business Top Republicans have also revamped the ties, ranging from 58 percent in Mis- leaders for sizable contributions, the sources communications structure to make sure the sissippi to 75 percent in New Hamp- said. message is filtered down to rank-and-file shire, are in favor of the McCain-Fein- Their goal is to raise $8 million in hard Members and broadcast outside to Repub- gold bill. And this support is constant money by August to prove to business lead- lican supporters and likely voters. Gingrich’s —it is constant, Mr. President—across ers that Republican leaders are dead serious office will schedule Members for Sunday talk demographic groups and across party about expanding their majority. ‘‘We know shows; Armey will control the message on lines. In fact, in seven of the eight that business leaders are investors. They put the floor; DeLay will use his whip team to their money on the party that will control distribute the message du jour to Members; States polled, believe it or not, Repub- this place. We want to show them that in- and Boehner will write the overall commu- lican voters were more likely to sup- vesting in Democrats is not wise,’’ said an- nications message. port the bill than Democrat voters. other GOP leadership source. Armey’s office is also responsible for mak- Editorial boards across the country By September, Gingrich and Linder predict ing sure that hard feelings between GOP are constantly calling on us to act. that Members will have kicked in at least $15 leaders do not interfere with disseminating And it is not just the Washington Post million to $20 million and that corporate the message. GOP leadership sources said and the New York Times, although America and individual contributors will that will not be an easy task. they have been wonderful advocates for match that amount. Already, there is concern among some GOP The last thing they want, according to leaders that DeLay and Dunn are spending this much-needed change; it is also the strategists, is a repeat of the 1996 elections, too much time privately briefing Members Hartford Courant, the Kansas City when GOP Members sat $30 million-plus and on a separate communications strategy that Star, the St. Louis Post-Dispatch, The the business community failed to raise one- could divert Members’ attention away from Tennessean, and the Charleston Ga- quarter of what it promised for issue-advo- the overall plan, according to leadership zette. cacy ads. sources. While most leaders are confidant The message from each of these edi- SETTING THE AGENDA that that problem will be taken care of by torial boards is that this body, the Sen- A $35 million issues-based ad campaign fi- week’s end, other sources said it shows that ate, has one last chance to salvage nanced by the AFL–CIO is widely credited distrust and competitiveness could hamper the leadership’s campaign problems. some semblance of respect on the issue with helping Democrats chip away at the Re- of campaign finance reform. After all publicans’ House majority in 1996. But on Wednesday, DeLay spokesman John AFL–CIO president John Sweeney picked Feehery said: ‘‘Mr. DeLay supports what the investigations, all the allegations, about three dozen competitive districts and they are doing. I think he believes that any- and all the finger-pointing of the last 2 flooded the airwaves with ads hammering thing that helps him do his job, like getting years, this is the chance to show that Republicans for gutting Medicare and block- more Republicans, is something that should we care, that we think there is some- ing a minimum wage. The ads, Gingrich and be done. A lot of our concerns have been thing wrong with such a corrupt sys- Linder believe, defined the 1996 election be- met.’’ tem. This is the chance. fore most candidates hit the campaign trails Mr. FEINGOLD. This arms race of Now, these writers know that and cost the Republicans nine House seats. soft money spending on issue ads has McCain-Feingold is not perfect, and I The NRCC fired back with a $20 million to stop. And the way to do that is to agree with that. But they think it will issue-ad campaign and the pro-Republican ban soft money and bring these types Coalition dumped in $5 million more, but it make a difference and that it should be was too little, too late, Republicans say. of ads within the election laws in a fair passed and that it should be sent to the This year, GOP leaders plan to beat the and reasonable way that respects the President. AFL–CIO and the Democrats’ allies to the constitutional rights of all citizens. Mr. President, I ask unanimous con- punch, Linder has told Members. That is what we have done in the sent recent editorials from each of the The reason for such an ambitious issue McCain-Feingold bill. Contrary to the fine newspapers I just mentioned be campaign, sources said, was that internal completely inaccurate and sometimes printed in the RECORD. polls found that the Republican message on dishonest advertisements that have There being no objection, the articles key issues like education and the budget been run across the country saying were more popular than expected in the most were ordered to be printed in the competitive districts. that we use a different approach, we, in RECORD, as follows: Republican operatives picked the 28 most fact, maintain a clear respect for free [From the Hartford Courant, Sept. 4, 1998] competitive districts and tested the Repub- speech, which both Senator MCCAIN LISTEN TO THE PUBLIC, MR. LOTT licans’ positive message versus the Demo- and I strongly adhere to. We have ad- After a monthlong summer recess, sen- crats’ positive message; on virtually every dressed in our bill, which is in the form ators returned to Washington this week to topic, Republicans learned they could win a of the amendment before us today, the find a full agenda and only a short time to head-to-head debate, sources said. two biggest problems in our campaign work through it. High on the to-do list ‘‘The bottom line is . . . we are going to be should be campaign finance reform. But get- competitive with labor . . . and we are going finance system—soft money and phony ting that legislation to the floor for a vote to have the debate on our turf,’’ said NRCC issue ads. will be a daunting struggle despite the fact spokeswoman Mary Crawford. ‘‘And with Mr. President, if we do not act on reform is favored by a majority of Ameri- these two goals in mind we will determine this bill, the exploitation of the loop- cans. where we need to run these spots and when.’’ holes will continue to spiral out of con- Appalled by the fund-raising abuses in the THE PLAY BOOK trol. In the year 2000, we will see both 1996 elections, the public wants change. Re- In a recent interview, Gingrich admitted Presidential candidates promising to publican congressional leaders, however, are that communications, internally and exter- limit their private fundraising in order comfortable with the status quo. nally, has been a disaster for Republicans at to receive public funds while their par- It would be a pity to let this opportunity serveral points since winning the majority in ties pursue parallel or even intertwined to clean up the political system pass by. Re- 1994. campaigns with issue ads funded by as formers must redouble their efforts. Citizens The behind-the-scenes battle for control much as $600 million in soft money. who want the campaign finance cesspool over communications has soured Gingrich’s drained must let Congress know how they relationship with Conference Chairman John Is that the kind of campaign we want feel. Boehner (Ohio) and has been a source of fric- to see in the first Presidential election Before the August vacation, the House tion during countless leadership meetings. of the next century? I do not think so. passed the Shays-Meehan bill to eliminate As late as a month or so ago, control over We need to make the next campaign a soft money—the unrestricted, unregulated September 9, 1998 CONGRESSIONAL RECORD — SENATE S10069 contributions (in effect, payoffs) from cor- corporations, labor unions and wealthy indi- Senate, it didn’t look as though it would porations, unions and wealthy individuals viduals to the political parties. Soft money pass in the House. But in Phoenix-like fash- that are corrupting politics. House reformers funding, which is not limited or regulated, is ion, the House version of the bill—Shays- triumphed because there were enough Demo- supposed to be used for party-building activi- Meehan—passed this summer. cratic votes and enough courageous Repub- ties, but not specific candidates. This rule Mr. Bond now has an opportunity to recon- licans such as Rep. Chris Shays of Stamford was largely ignored in 1996. sider in light of the changed circumstances. to win the day. The majority votes for campaign finance Mr. Nixon, who supports the bill, should As considerable risk to themselves, Repub- reform in both houses of Congress this year keep the heat on this issue. lican House members bucked their party reflect broad support for change. That senti- When Mr. Bond helped kill the bill, he said leadership’s opposition to change. ment disputes the contention of many mem- he was acting on First Amendment concerns. The Senate version of the soft-money ban, bers of Congress that the public is not inter- Although the free speech questions are not called the McCain-Feingold bill, was favored ested in the issue. Opinion polls also show frivolous, the bill appears to be constitu- by a majority of the 100 senators when the overwhelming public support for reforms. tional. The bill would ban ‘‘soft’’ money—the issue was taken up earlier this year. But That is why the Senate Republican leader- huge gobs of dough that political parties backers coundn’t get the 60 votes needed to ship is obligated to allow a new vote on cam- raise for campaign purposes from corporate shut off a filibuster mounted by Republican paign finance reform before adjournment. and union treasuries, wealthy individuals leaders. and foreign nationals. Quashing a filibuster will again be dif- [From the St. Louis Post-Dispatch, Aug. 31, Federal law now bars ‘‘hard’’ money con- ficult. 1998] tributions to individual candidates from corporations, unions and foreign citizens. Ex- Senate Majority Leader Trent Lott and DO THE RIGHT THING other top Republicans are ‘‘dead set against tending this ban to soft money simply recog- If the two gentlemen running for the U.S. reform,’’ Sen. Joseph I. Lieberman of Con- nizes that soft money is used for electing Senate would stop kicking each other in the necticut observed recently. ‘‘They don’t feel candidates, too. There should be no First shins, each would see a monumental oppor- that they will suffer any consequences if Amendment problem. tunity to serve the public good while serving they don’t bring it up. They feel that people The other main part of the bill regulates his own political interest. just don’t care.’’ issue ads within 60 days of an election or Attorney General Jay Nixon should sit That isn’t what the polls say. But people when the ads are clearly intended for cam- down at the negotiating table and not get up have to act on the disgust they feel toward a paign purposes. Politically active organiza- until he has a settlement in the St. Louis system under which politicians become the tions—like those for or against abortion school desegregation case. A settlement wards of favor-seekers with lots of money. rights—could not use organization funds for would be good for the schoolchildren and The public should apply pressure on politi- these issue ads. They would have to set up would mend political fences with African- cians who scoff at the idea of cleaning up the political action committees. That would re- Americans upset by Mr. Nixon’s extreme op- system. quire disclosure of donors and $5,000 con- position to the desegregation program. Connecticut’s senators—Mr. Lieberman tribution limits. Issue ads are clearly at the Meanwhile, Sen. Christopher S. Bond, R– and Christopher J. Dodd—long have favored core of protected speech, but the Supreme Mo., should go back to Washington this week change in the way campaigns are financed. Court has given Congress latitude in regulat- where he holds a key vote for campaign fi- They should assume high-profile, leadership ing speech when it is for campaign purposes. nance reform. Passage of the McCain-Fein- positions in making the case for the Senate Frankly, Mr. Bond, the First Amendment gold bill would restore people’s faith in the version of reform. These two Democrats arguments do not justify the GOP leader- political process and spotlight Mr. Bond’s should use their powers of persuasion to ship’s morally bankrupt position on cam- willingness to occasionally stand up to mis- bring reluctant colleagues of both parties paign finance. Senate Majority Leader Trent guided GOP leadership. aboard the reform cause. Lott talks a lot about President Bill Clin- As Mr. Shays and his Democratic partner, DESEGREGATION ton’s campaign abuses, but he won’t reform Martin Meehan of Massachusetts, proved, The Missouri Legislature provided Mr. the system that allowed them. the good fight can be won even against long Nixon with the tools to work out a settle- The GOP claims that Mr. Clinton’s abuses odds. ment of the school desegregation case with were illegal. But most of those big $100,000 the NAACP, which represents African-Amer- contributions were legal, soft money con- [From the Kansas City Star, Sept. 3, 1998] ican children. The Legislature passed SB 781, tributions, obviously intended to buy access and favorable consideration—and maybe a VOTE NEEDED ON CAMPAIGN FINANCE which would provide $2 in new state aid to the St. Louis schools for every additional $1 night between the sheets in the Lincoln bed- A showdown on campaign finance reform is raised locally in taxes. This would enable the room. shaping up in the U.S. Senate. The test will In the end it comes down to the voters. city to fund desegregation programs, like the be whether a minority of the Republican- Holding Mr. Bond’s feet to the fire on cam- magnet schools. dominated body can continue to block action paign finance reform and Mr. Nixon’s on SB 781 also continued the transfer program on legislation that would outlaw the scan- school desegregation would be a lot better under which about 12,000 black children from dalous fund-raising and spending that oc- use of this election than sitting idly by and the city attend suburban schools. curred in the 1996 elections. watching the attack ads that distort, In this way, SB 781 took away Mr. Nixon’s The access and influence bought by demogogue and demean the entire process. main legal arguments. Across many years moneyed interests are contaminating our po- and in many courts Mr. Nixon has argued litical system. Ordinary citizens are increas- [From the Tennessean, Aug. 31, 1998] that the transfer program has never been ingly locked out of the policy-making deci- legal and that the state obligation to help SALVAGE SORRY SESSION WITH CAMPAIGN sions on Capitol Hill. fund desegregation programs in St. Louis REFORM The fight in the Senate is over the McCain- should end soon. The U.S. Senate comes back from recess Feingold bill, a measure considered dead Legally disarmed, Mr. Nixon should be able today with a long agenda, a short calendar, until recent weeks. Earlier this year a bipar- to settle pronto. and an even shorter list of accomplishments tisan majority of the Senate voted for There have been recent rumblings that to date. McCain-Feingold, which is co-sponsored by some suburban school districts are causing It’s already snuffed out anti-smoking legis- Sens. John McCain, Arizona Republican, and problems behind the scenes by making un- lation. It has shoved to the back burner Russell Feingold, Wisconsin Democrat. reasonable demands to get out of the trans- President Clinton’s proposal to expand a self- Despite that vote, a GOP-led filibuster prefer program. Mr. Nixon should simply side- financed form of Medicare to early retirees. vented the Senate from a final decision on step that sideshow and settle the case with It has largely ignored the administration’s the bill. Reformers, including all Democrats the NAACP. Those two sides should be able call to provide more teachers and more fed- and some Republicans, failed by eight votes to obtain a final judgment from the court. eral money to public schools. The prospects to get the 60 necessary to halt the filibuster. Mr. Nixon has complained recently that for reaching consensus on a massive bank- Thus a minority of Republicans blocked a his civil rights record is actually better than ruptcy bill or the so-called Patients Bill of measure that would bring genuine reform to Mr. Bond’s. Yet some African-American Rights are slim indeed this year. the way campaigns are financed. leaders seem to want to judge Mr. Nixon on And with five weeks left on the Senate cal- The issue was revived when the House his deeds rather his words. endar, some members might be satisfied just passed a bill last month similar to McCain- There is one way for the attorney general to pass the necessary appropriation bills and Feingold, setting the stage for new action in to counter: Do something. Settle the case. head for home. the Senate. But such a minimalistic approach from the Based on previous performance, no help is CAMPAIGN FINANCE Senate, however, would shortchange the pub- expected from Missouri and Kansas senators. Distressingly, Mr. Bond joined the GOP lic. The Senate can still salvage this unpro- They seem satisfied with the current ar- leadership to kill the McCain-Feingold cam- ductive year by focusing its energy and ef- rangement. paign finance reform bill earlier this session. fort on one extremely worthy area, the The McCain-Feingold bill and the House- The bill had majority support, but needed McCain-Feingold campaign finance bill. passed measure would prohibit ‘‘soft eight more Republican votes to escape a fili- Since this bill’s House counterpart has al- money,’’ the funds that are contributed by buster. At the time the bill was killed in the ready passed, the Senate adoption of S10070 CONGRESSIONAL RECORD — SENATE September 9, 1998 McCain-Feingold could send the reform as revolutionary. In fact, it simply closes serious disease that some would argue measure to the President’s desk. loopholes in the existing law by banning un- is a critical disease. It is called ‘‘the The heart of the bill is a ban on ‘‘soft limited ‘soft money’ donations to political money chase.’’ No party and few can- money,’’ which is now largely unregulated parties from corporations, unions and rich didates are immune from it. The good and can therefore be given in unlimited individuals.’’ The newspaper said the House quantities by individuals, unions or corpora- vote ‘‘kindles genuine hope that Congress news is that it is curable. The bad news tions. The elimination of soft money would does listen to the public’s yearning for a is that there may be enough Members greatly reduce the aggregate amount of po- more accountable political system. Members in this body—the Senate—who want to litical money. of the House or the Senate will now ignore block the cure so that the cure cannot A majority of the Senate is already on that message at their peril.’’ succeed. record in support of McCain-Feingold. The Exactly. Any senator who opposes the To inoculate our democratic system obstacle, however, comes down to eight votes Shays-Meehan bill is voting to keep the against this disease, we passed a series money flood pouring—in effect, voting for the number of Republican senators who need of laws in the 1970s to limit the role of to switch their votes on cloture so the bill disguised bribery. We hope that election- year pressure is enough to push through the money in Federal elections. It was our can come up for a vote. intent at that time to protect our The opponents to this bill, led by Sen. cleanup. Mitch McConnell, R-Ky., believe they have Mr. FEINGOLD. Mr. President, democratic form of government which made it through the August recess without again, we are down to 8 votes out of 535 relies so heavily on the interchange of any defections. And in truth, the opponents Members of Congress. After a clear ideas and actions between the govern- are counting on public apathy to help kill demonstration that a bipartisan major- ment and the private sector and to pro- the measure. McConnell has remarked on ity in both Houses support this bill, we tect our form of government from the several occasions that the public doesn’t are just down to eight votes, eight corrosive influence of unlimited and really care about campaign finance reform. votes to break the filibuster that is undisclosed political contributions. We It’s not too late to prove him wrong. Al- wanted to ensure that our elected offi- though the public may not know the intrica- holding up this important reform bill. cies of campaign law, it cares deeply when it This isn’t one of those situations cials were neither in reality nor in per- sees its leaders kowtowing to big money where we haven’t had votes to see if ception beholden to special interests while they ignore average citizens. there might be a majority. We have. who are able to contribute large sums Sen. Fred Thompson has been a strong sup- We had the votes in March, in Feb- of money to candidates and their cam- porter of McCain-Feingold from the start. ruary, and it was clear that a biparti- paigns. These laws were designed to Tennesseans who want to see a measure of san majority of this body supports protect the public’s confidence in our reason restored to the campaign finance McCain-Feingold. So it is only the fili- democratically elected officials. process should contact Sen. Bill Frist, and busterers, a minority of this body, who For many years those laws setting ask him to vote for cloture on this issue. limits on campaign contributions The McCain-Feingold bill would not cure are standing against the majority of all that ails the U.S. political system. But it this body and the other body. We will worked fairly well. would greatly weaken the ties between big soon see whether eight more Senators The limits that they set were re- money and politicians. The result would nec- are ready to do what so desperately spected, and these limits, indeed, are essarily be a more responsive government. needs to be done. still on the books today. Those same Eight additional votes needed for cloture. Time and time again the senior Sen- laws that purportedly set limits on ator from Arizona and I have said we how much people can contribute to [From the Charleston Gazette, Aug. 27, 1998] are more than willing to entertain campaigns are on the books. And here POLITICAL CASH CLEAN UP THE CESSPOOL changes to our bill that will allow us to is what they say. Americans have turned cynical about Con- get those eight votes, as long as the Individuals aren’t supposed to give gress, assuming that big-money pressure basic integrity of the bill remains in- more than $1,000 to a candidate per groups buy influence by lavishing cash on tact. We reached that kind of agree- election, or $5,000 to a political action senators and representatives. ment with Senators SNOWE, JEFFORDS committee, or more than $20,000 a year High-cost campaigning forces Congress to a national party committee, or members to be ‘‘bag men,’’ carrying home and CHAFEE, and it led to our proving that a clear majority in this body sup- $25,000 total in any one year. Corpora- loot from every lobbying interest wanting tions and unions are supposed to be legislation. Republicans get most industry ports McCain-Feingold. money, so they resist every attempt to dam I say to all of my colleagues, but es- prohibited from contributing to any the cash river. But they’ve lost a few bat- pecially the 48 who have not yet joined campaign. Contributions from foreign tles—and another victory for the public the majority, if you are one of the po- countries, foreign citizens, and foreign seems within reach. tential eight votes, if before the end of corporations are prohibited. And Presi- On Aug. 6, the House strongly passed the this year you want to show that you do dential campaigns are supposed to be Shays-Meehan campaign finance reform bill, care about the corrupting influence of financed with public funds. which bans unlimited ‘‘soft money’’ gifts to That is the law. That is what it says political parties. Speaker Newt Gingrich, R- money in our political process, and if you have a particular concern or prob- on the law books today. Yet in the last Ga., and other GOP leaders fought it, but 61 few years we have heard story after Republicans defected and voted with Demo- lem with the amendment that is on the crats to pass the bill. (Disgustingly, West floor now, please come talk with us. I story after story about contributions Virginia Democrats Nick Rahall and Allan have had several fruitful conversations of hundreds of thousands of dollars Mollohan jumped the other way and joined with some of these potential Senators from individuals, corporations, and the Republicans.) Now it’s in the Senate, and I look forward to more of them. unions, and even about contributions which returns from summer recess Monday. Let’s try to come to some agreement from foreign sources. And we have Passage in the Senate is tougher because a that will allow us to give the American heard stories about Presidents and GOP filibuster is likely, and a three-fifths people what they so desperately want Presidential candidates spending long majority is needed to break a filibuster. hours on fundraising tasks. Twice before, attempts to ban soft money from this Congress—a campaign finance reform bill that will make the Now, how is that possible? Well, what were killed by Republican filibusters despite has happened is that a pretty good law unanimous Democratic support. first election of the next century one of But this is an election year, and GOP sen- which we can all be proud. setting limits on the size and source of ators don’t want voters to see them as de- I yield the floor and I suggest the ab- contributions had some soft spots fenders of the cash sewer. Perhaps a few sence of a quorum. which, over the years, both parties more will switch sides, creating the three- The PRESIDING OFFICER. The took advantage of. Both parties pushed fifths majority. We surely hope so. After the clerk will call the roll. up against those soft spots and created House victory, the New York Times said: The legislative clerk proceeded to holes in the law, big loopholes that al- ‘‘The House action was a milestone in a jour- call the roll. lowed the big money to pour in. ney that began with the first disclosure of Mr. LEVIN. Mr. President, I ask So now there are effectively no lim- campaign fund-raising excesses in the 1996 unanimous consent that the order for its at all. That is why we hear about a presidential election. Hearings into those $1.3 million contribution to the RNC abuses last year were clouded with partisan the quorum call be rescinded. acrimony. But on Monday Republicans and The PRESIDING OFFICER. Without from just one company in 1996, and a Democrats showed they could work together. objection, it is so ordered. half-million dollar contribution from ‘‘Gingrich and his henchmen, especially Mr. LEVIN. Mr. President, the Amer- just one couple to the DNC the same Tom DeLay, tried to portray the legislation ican body politic has a disease. It is a year. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10071 Some in this Chamber like it that contributions were made for the pur- family, a father, mother and daughter, way. They don’t want any limits. The pose of getting access to people in to funnel $50,000 through company em- majority leader has said it is ‘‘the power. Tamraz showed us in stark ployees and stockholders to Demo- American way.’’ terms the all too common product of cratic candidates they supported, re- I disagree. We have got to plug those the current campaign finance system— sulting in the first guilty pleas in the loopholes. We have to make the law using unlimited soft money contribu- Justice Department’s ongoing cam- whole again and, in making it whole, tions to buy access. And despite the paign finance fraud case. to make it effective. If we don’t do condemnation by Members of Congress The money chase led a foreign cor- that, we risk losing the faith the Amer- and the press of Tamraz’s activities, poration, Korean Airlines, and four ican people have that we represent when asked at a hearing to reflect on U.S. subsidiaries of foreign corpora- their best interests. his $300,000 contribution to the Demo- tions from the same country to funnel Soft money has blown the lid off the crats in 1996, Tamraz said, ‘‘I think illegal contributions through their em- contribution and spending limits of our next time I’ll give $600,000.’’ ployees to a Republican Member of campaign finance system. Soft money What happened to the limits? What Congress JAY KIM, resulting in $1.6 mil- is the 800-pound gorilla sitting right in happened to the $1,000 limit and the lion in corporate criminal fines. the middle of this debate. Some want $5,000 limit on PAC contributions, and The money chase in political cam- to pretend that it is not there, but it is. the overall $25,000 limit per year? What paigns is a serious disease that has be- Soft money is at the heart of this prob- happened to the intent of this Senate come chronic and too many of us have lem. All soft money means is money and the House of Representatives back been affected by it. Too many of us which is unregulated and unlimited in the 1970s to establish limits on con- have spent too much time fund-raising that, for one reason or another, crawls tributions to candidates? How is it that and in the process, pushing the fund- through that loophole that has been a Roger Tamraz can unabashedly ap- raising rules to their limits. Most of us pierced by both parties in our cam- pear in front of a Senate committee know in our hearts that the money paign finance limits. and say, ‘‘Yes, I gave $300,000 to the chase is a bipartisan problem and the Look at the most recent data. In the Democrats. I did it to gain access.’’ bipartisan solution is the McCain-Fein- 1996 election, Republicans raised $140 And when asked, ‘‘Would you do it gold bill. million in soft money contributions, again?’’ indicated that, next time, he’ll But we have been here before. During while Democrats raised $120 million— give $600,000, if necessary. my career in the Senate I have lost almost as much. In the first 18 months Now, what do we believe the public count of the number of times that this of the 1998 election cycle, Republicans feels and senses when they hear and see body has debated the need for cam- have raised about $70 million, and that? What do we think goes through paign finance reform, been presented Democrats have raised about $45 mil- the average person’s mind when they with reasonable bipartisan proposals, lion. That was double the amount that see a Roger Tamraz unabashedly, bold- yet, in the end, failed to get the job both parties raised in the first 18 ly, without any shame, saying, ‘‘Hey, I done. months of the 1996 elections. That can give you guys $300,000, I can give Will this time be different? money currently is legal, and it is legal you $600,000, using that loophole, and I The Senate has before it a bipartisan because of the loopholes in the law will do it again’’? campaign reform bill, the McCain- that we must close with the McCain- Is that what we want our election Feingold bill, that would do much to Feingold bill. system to be—when we have passed a repair our campaign finance system. It The way both parties have gotten law which says $1,000 to a candidate, is not a new bill. It has been before this around the law of the 1970s has been to $25,000 overall in a year, that somebody body for years now and has received establish a whole separate world of can just appear in front of a Senate sustained scrutiny from Members on campaign finance. It is the world of committee and say, ‘‘Yes, I gave both sides of the aisle. soft money—contributions that are not $300,000, nothing illegal about that. I It is a bill that recognizes that the technically covered by the limits under used the soft money loophole, folks. If bulk of troubling campaign activity is current law. Once that soft money you don’t like it, close it. If you want not what is illegal, but what is legal— loophole was opened, once the loophole to put limits on how much money I can what is currently legal because of the was viewed as legitimate, the money give, close the loophole. But until you soft money loophole. The McCain-Fein- chase was on by both parties. Couple do it, I am going to keep on giving it’’? gold bill takes direct aim at closing that with the high cost of television That is the Tamraz challenge to us. the loopholes that have swallowed the advertising, and you have the money That is the gauntlet that he has laid election laws. In particular, it takes chase involving just about all can- down in front of us, both parties. An- aim at closing the soft money and issue didates. swering his challenge cannot be done advocacy loopholes, while strengthen- The chase for money has led most of on a partisan basis. There is no way we ing other aspects of the federal elec- us in public office or seeking public of- are going to reform these laws unless tion laws that are too weak to do the fice to push the envelope, to take the enough Democrats and enough Repub- job as they now stand. law to the limits, to get the necessary licans come together, as they did in the I have heard experts and my col- contributions. House of Representatives, and say leagues condemn the excesses of the The money chase led the head of the enough is enough. We intended limits, 1996 elections. I’ve also heard people Republican National Committee, Haley we intended limits to apply, and we are bemoaning the lack of tough civil and Barbour, to use a subsidiary of the going to close the loopholes which have criminal enforcement action against RNC, the National Policy Forum, to obviated those limits, destroyed them, the wrongdoers. But there is an obvi- obtain some $750,000 in what, prac- undermined them and, in the process, ous reason for the lack of strong en- tically speaking, became a foreign con- undermined the confidence of the forcement—the existing Federal elec- tribution from a Hong Kong business- American people. tion laws are riddled with loopholes man to run ads in key congressional The money chase also pressures po- and in many respects unenforceable. races. litical supporters to cross lines they And as much as some want to point the The money chase drove the actions of should not in order to help their can- finger of blame at those who took ad- Roger Tamraz, a large contributor to didates get needed funds. vantage of the campaign finance laws both parties who, during last year’s in- The money chase led a national fi- during the last election, there is no one vestigation, became the bipartisan nance chair of Senator Dole’s presi- to blame but ourselves for the sorry symbol for what is wrong with the cur- dential campaign, Simon Fireman, to state of the law. rent system. Roger Tamraz served as a engage in a 5-year money laundering The soft money loophole exists be- Republican Eagle in the 1980s during scheme which funneled $120,000 through cause we in Congress allow it. The so- Republican administrations and a a secret Hong Kong trust to his em- called issue advocacy loophole exists Democratic trustee in the 1990s during ployees who contributed to the can- because we in Congress allow it to Democratic administrations. He was didates he supported. Similarly, the exist. Tax-exempt organizations spend unabashed in admitting his political money chase led members of the Lum millions televising candidate attack S10072 CONGRESSIONAL RECORD — SENATE September 9, 1998 ads days before an election without dis- large individual financial contributions—in en by Buckley, but no one is talking closing who they are or where they got order to find a constitutionally sufficient about mandatory spending limits in their funds because we in Congress justification for the $1,000 contribution limi- this bill. What we are talking about is allow it. tation. Under a system of private financing contribution limits and disclosure re- of elections, a candidate lacking immense quirements, exactly what Buckley said It is time to stop pointing fingers at personal or family wealth must depend on fi- others and take responsibility for our nancial contributions from others to provide is a constitutional means to protect share of the blame. Congress alone the resources necessary to conduct a success- the integrity of our elections, to deter writes the laws. Congress alone can ful campaign. . . . To the extent that large corruption and the appearance of cor- shut down the loopholes and reinvigo- contributions are given to secure political ruption, and to inform voters. rate the Federal election laws. quid pro quo’s from current and potential of- Some have correctly cited other The Federal Election Campaign Act fice holders, the integrity of our system of court decisions holding that only ads was first enacted 20 years ago, in re- representative democracy is undermined. which contain a short list of so-called . . . Of almost equal concern is . . . the im- sponse to campaign abuses uncovered magic words can be subjected to the pact of the appearance of corruption stem- Federal election law requirements and in connection with the Watergate scan- ming from public awareness of the opportu- dal. Congress enacted a comprehensive nities for abuse inherent in a regime of large limits relative to contributions, but and tough system of laws, including individual financial contributions. . .. that analysis leaves out a decision in the ninth circuit in the Furgatch case contribution limits and full public dis- Roger Tamraz spent $300,000 buying which holds that the list of magic closure of all campaign contributions access and said, ‘‘I’ll double it next words, which those other courts cited, and expenditures. time.’’ Buckley, the Supreme Court, ‘‘does not exhaust the capacity of the At the time they were enacted, many said: English language to expressly advocate people fought against those laws, Of almost equal concern . . . is the impact claiming they were an unconstitu- the election or defeat of a candidate.’’ of the appearance of corruption stemming The analysis by some relative to tional restriction of First Amendment from public awareness of the opportunities issue ads also leaves out, in addition to rights to free speech and free associa- for abuse inherent in a regime of large indi- ignoring the ninth circuit Furgatch tion. The laws’ opponents took their vidual financial contributions. . .. case, the fact that the Federal Election case to the Supreme Court. The Su- Congress [the Buckley court held] Commission has reaffirmed, on a bipar- preme Court issued the Buckley deci- could legitimately conclude that the tisan basis, its commitment to a broad- sion, which held both contribution lim- avoidance of the appearance of im- er test that goes beyond the magic its and disclosure requirements were proper influence . . . is also critical words to unmask ads that claim to be constitutional. . . . if confidence in the system of rep- discussions of issues but which are I want to repeat that, because Buck- resentative government is not to be clearly intended to advocate the elec- ley is thrown around quite a bit on this eroded to a disastrous extent. That is Buckley. That is Buckley rul- tion or defeat of a Federal candidate. floor, so I want to just repeat that last The Supreme Court has yet to rule ing on contribution limits. That is statement. Buckley upheld the con- on the Federal Election Commission Buckley saying that Congress could le- stitutionality of contribution limits. regulation or whether the magic words gitimately conclude, to use its words, There are those who say we should must be present before Federal election that ‘‘the avoidance of the appearance not, or cannot, limit the amount of laws can be applied to ads that clearly of improper influence . . . is also criti- contributions. We do limit the amount attack or support candidates. of contributions, and Buckley said that cal . . . if confidence in the system of Despite attempts to depict the con- we can. The question now is whether representative government is not to be stitutional picture as providing crystal we close the loopholes which have de- eroded to a disastrous extent.’’ clear support for unfettered speech, no stroyed those limits. But in terms of That is Roger Tamraz’ challenge to matter how corrupting of our electoral the constitutionality under the first us. system, that is not the state of the law. amendment, Buckley upheld the con- And when he and others say, ‘‘I can To the contrary. The Supreme Court stitutionality of limits on campaign give $300,000 because of that soft money has repeatedly held that the integrity contributions. loophole, and I’ll double it next time,’’ of our elections is a weighty concern The Buckley court wrote specifi- the Supreme Court says that Congress which Congress can consider. The ques- cally—relative to disclosure require- can legitimately conclude that the tion is how to balance that concern for ments, by the way—that: avoidance of the appearance of im- the integrity of elections against the While disclosure requirements serve the proper influence ‘‘is also critical . . . if free speech concerns in the first many salutary purposes discussed elsewhere confidence in the system of representa- amendment. in this opinion, Congress was entitled to con- tive government is not to be eroded to How do you balance the two? In clude that disclosure was only a partial a disastrous extent.’’ Buckley, the Court balanced them by measure and that contribution ceilings were The Buckley Court also upheld the saying contribution limits are con- a necessary legislative concomitant to deal disclosure limits that we had in the stitutional; disclosure requirements with the problem. law. In upholding both the contribu- are constitutional; spending limits, ex- And the court held in Buckley that: tion limits and the disclosure require- penditure limits are not. That is what We find that under the rigorous standard ments, the Supreme Court used a bal- the Buckley Court ruled. This bill, our of review established by our prior decisions, ancing test that weighed the first bill, is consistent with Buckley, con- the weighty interests served by restricting amendment rights against the integ- sistent with Furgatch, and consistent the size of financial contributions to politi- rity of Federal elections, and the Court with the Federal Election Commission cal candidates are sufficient to justify the ruled that the integrity of our elec- s reaffirmation of the broader test for limited effect upon first amendment free- tions is so compelling a Government doms caused by the $1,000 contribution ceil- candidate advocacy. ing. Congress was justified [the Buckley interest that contribution limits and The problem with our campaign laws court wrote] in concluding that the interest disclosure requirements are constitu- is that candidates and parties have in safeguarding against the appearance of tionally acceptable. pushed against the limits of the law impropriety requires that the opportunity Some have argued that McCain-Fein- and found loopholes to such an extent for abuse inherent in the process of raising gold is an unconstitutional restriction that the law’s limits are no longer ef- large monetary contributions be eliminated. of free speech, but that analysis leaves fective. We intended to establish limits That is Buckley explicitly holding out several key legal considerations. after Watergate. Those limits have that Congress can set and enforce con- First, although Buckley is often been destroyed by the soft money loop- tribution limits, and that the first cited in support of that argument, hole. amendment does not preclude us from Buckley, as a matter of fact, is the de- The Supreme Court said we can, in doing so. The Buckley court also cision that upheld contribution limits fact, limit contributions. The issue be- wrote: and disclosure requirements. Buckley fore us is whether we will restore those It is unnecessary to look beyond the Act’s did strike down spending limits, but limits on contributions. Individuals primary purpose—to limit the actuality and not contribution limits which Buckley can now give parties hundreds of thou- appearance of corruption resulting from affirmed. Spending limits were strick- sands of dollars, millions of dollars at a September 9, 1998 CONGRESSIONAL RECORD — SENATE S10073 time, claiming that they are providing with both parties for allowing unlim- in agreement with him on all the soft money rather than the hard money ited fundraising and contributions in issues. As a matter of fact, some of my that has to meet the legal limits. Cor- our Federal elections. Seventy-three good friends, Republican colleagues, porations, which are not supposed to percent of American people in a poll who were on the plane with me kept make direct contributions at all, now conducted by the Los Angeles Times giving me Barry Goldwater’s book routinely contribute huge sums to both believe both parties committed cam- ‘‘Conscience of a Conservative’’ and parties, millions to both parties. While paign finance abuses in the 1996 elec- kept telling me if I had read that book those contributors claim to be provid- tions; 81 percent—81 percent—of the when I was 15 I would be going down ing money that is simply for party- American people believe the campaign the right path. I told them I did read building purposes and not for can- fundraising system needs to be re- the book when I was 15. I just reached didates, the issue advocacy loophole al- formed; 78 percent of the American different conclusions. lows parties and others to televise ads people believe we should limit the role Senator Goldwater about a decade that clearly attack or support can- of soft money. ago said: didates while claiming to be discus- Campaign finance reform is an issue The fact that liberty depended on honest sions of issues beyond the reach of the that can convert a dedicated optimist elections was of the utmost importance to election laws, but which are indistin- into a doomsayer, but we have before the patriots who founded our nation and wrote the Constitution. They knew that cor- guishable from candidate ads which are us a bipartisan bill that provides the ruption destroyed the prime requisite of con- subject to contribution limits and dis- key reforms, that has passed the House stitutional liberty, an independent legisla- closure requirements. and that the President will sign. ture free from any influence other than that To show the absurd state of the law, We have before us a bipartisan bill of the people. Applying these principles to at least in some circuits, we can just which a majority in the Senate sup- modern times, we can make the following look at one of the 1996 televised ads port, and we have a bipartisan coali- conclusions. To be successful, representative that was paid for by the League of Con- tion that is willing to fight hard for government assumes that elections will be servation Voters and which referred to this bill. controlled by the citizenry at large, not by those who give the most money. Electors House Member GREG GANSKE, a Repub- So let us stop complaining about must believe their vote counts. Elected offi- lican Congressman from Iowa, who was weak enforcement of the election laws cials must owe their allegiance to the peo- then up for reelection. This is the way when the wording of those laws make ple, not to their own wealth or to the wealth the ad read: them virtually unenforceable. Let us of interest groups who speak only for the It’s our land; our water. America’s envi- stop feigning shock at the laws’ loop- selfish fringes of the whole community. ronment must be protected. But in just 18 holes while allowing them to continue. Let me just start out with some ex- months, Congressman Ganske has voted 12 It is time to enact campaign finance amples. I was involved in a debate here out of 12 times to weaken environmental reform. That is our legislative respon- on the floor of the Senate last week protections. Congressman Ganske even voted sibility. Otherwise, we are going to be which was emotional. It was kind of to let corporations continue releasing can- haunted by the words of Roger Tamraz heart rending. You had a small group cer-causing pollutants into our air. Con- gressman Ganske voted for the big corpora- that in the next election it will be of people who were sitting where some tions who lobbied these bills and gave him $600,000 instead of $300,000. of our citizens are sitting today. And thousands of dollars in contributions. Call Mr. President, I thank the Chair and they were from Sierra Blanca. They Congressman Ganske. Tell him to protect yield the floor. were disproportionately poor. They America’s environment. For our families. Mr. WELLSTONE addressed the were Hispanic. And you know what? For our future. Chair. They were saying, ‘‘How come when it The ad sponsor claimed that was an The PRESIDING OFFICER (Mr. comes to the question of where a nu- issue ad, an ad that discussed issues MCCONNELL). The Senator from Min- clear waste dump site goes, it’s put in rather than a candidate, and so could nesota. our community? How come it always be paid for by unlimited and undis- Mr. WELLSTONE. Mr. President, let seems to be the case that when we fig- closed funds. If one word were changed, me thank my colleagues. I thank Sen- ure out what to do with these inciner- if instead of ‘‘Call Congressman ator LEVIN for his remarks. I thank ators or where to put these power lines Ganske,’’ the ad said, ‘‘Defeat Con- him for his unbelievable dedication in or where to dump this waste, it almost gressman Ganske,’’ it would clearly trying to push through reform legisla- always goes to the communities where qualify as a candidate ad subject to tion. He has been at this a long time. people don’t make the big contribu- contribution limits and disclosure re- This is the time to do it; I agree with tions? They are not the heavy hitters. quirements. my colleague. We have an opportunity. They are disproportionately poor, dis- In the real world, that one word dif- We have a bill that was passed on the proportionately communities of color; ference doesn’t change the character or House side. It is a bipartisan measure. thus, the question of environmental substance of that ad at all. Both ver- We have a public that is calling for the justice. sions unmistakably advocate the de- change. And I agree with you, I say to This was a debate where you had the feat of Congressman GANSKE. But the the Senator; now is the time to pass interests of big money, big contribu- ad sponsor claims that only one of this legislation. tors, corporate utilities, versus low-in- those ads must comply with election I also thank my colleagues, Senator come minority communities. I would law contribution limits and disclosure MCCAIN, Republican from Arizona, and argue different colleagues voted for dif- requirements. That doesn’t make Senator FEINGOLD, Democrat from Wis- ferent reasons, and some voted because sense, and McCain-Feingold would help consin. I have a special kind of affec- it was not their State and they felt a close down that interpretation of the tion for both of my colleagues. I think certain kind of, if you will, deference law. Senator MCCAIN is principled; he to Senators from other States. I under- This is not the first time that loop- speaks out for what he believes in; he stand that. But my point is a little dif- holes have eroded the effectiveness of a is a courageous legislator. I think Sen- ferent. set of laws. It happens all the time. ator FEINGOLD has emerged here in the I tell you that all too often the con- The election laws are just the latest U.S. Senate as a leading reformer. He clusion is sort of predetermined. Those example. Congress is here partly to is my neighbor. I am a Senator from who have the clout and those who oversee the way that laws operate, to Minnesota, and I tell you, people from make the big contributions are the close loopholes that have been discov- Minnesota who follow Russ FEINGOLD’s ones who have the influence, and those ered. work have a tremendous amount of re- are the ones we listen to. All too often, The question is, What are we going to spect for him. I am honored to be an a whole lot of citizens—in this particu- do about it? original cosponsor of this legislation. lar case, the people from Sierra Blan- The time for crying crocodile tears I do not know exactly where to get ca—are not listened to at all. Big about campaign fundraising is over. started. It is interesting. Senator money prevails, special interests pre- Folks should wipe away those crocodile Barry Goldwater told it like it is. I vail, for the same reason that the peo- tears from their eyes, because if they went to Senator Goldwater’s service in ple in Sierra Blanca cannot get a fair do, they will see a public disgusted Arizona, not because I was necessarily shake in Texas. That is to say, they do S10074 CONGRESSIONAL RECORD — SENATE September 9, 1998 not give the big contributions, they do was going on here was a farm bill that moment about what is on the table and not have the political clout. For the was written by and for big corporate what is not on the table, because I same reason, they could not get a fair agribusiness interests. That is what it think this mix of money and politics, shake here in the U.S. Senate. was. It was a great bill for the grain this is the ethical issue of our time. We In about 20 minutes I am going to be companies, but it was a disaster for are not talking about corruption as in at a meeting with some colleagues family farmers. the wrongdoing of individual office from the Midwest. We have an eco- So we are going to revisit this de- holders; we are talking about system- nomic convulsion in agriculture. Let bate. And once again, is it going to be atic corruption. What systematic cor- me wear my political scientist hat. I the grain companies and the big food ruption is all about is when too few really believe that when people look processors and the big chemical compa- people have the wealth, the power, and back to 1998, 1999, going into the next nies and the transportation companies, the vast majority of people are locked century, and raise questions about our or is it going to be the family farmers? out. Some people march on Washington economy—because I fear that we are I hope it will be the family farmers. I every day and other people have a going to be faced with some very dif- hope our appeal to fairness and justice voice that is never heard. ficult times—they are going to be look- will work on the floor of the U.S. Sen- Let’s just think a little bit about ing at this crisis in agriculture as a ate. what is on the table and what is not on sort of precursor. But I tell you, all too often, as I look the table. I think quite often money What has happened in agriculture is at these different issues in these dif- determines who runs for office. I will record low prices. Not everybody who ferent debates, it is no wonder, as Sen- talk about who wins, what issues are is watching the debate comes from a ator LEVIN said, that people are so dis- put on the table, what passes, what State where agriculture is as impor- appointed and disillusioned with both doesn’t. Let’s talk about what is not on tant as it is in the State of Minnesota, political parties. It is no wonder that the table and maybe should be on the the State I come from. But let me say people do not register and do not vote. table. What is not on the table is the to people who are listening to the de- Because you know what? They have concentration of power in certain key bate, if you are a corn grower and you reached the conclusion that if you pay, sectors of our economy which poses are getting $1.40 for a bushel of corn, you play, and if you do not pay, you do such a threat to consumers in America. you can be the best manager in the not play. Think for a moment about the con- world, you can work from 5 in the They have reached the conclusion centration of power in the tele- morning until midnight, but you and that this political process isn’t their communications industry. If there is your family will never make it. You political process. I mean, my God, what anything more important than the flow will never make it. Record low prices. happens in a representative democracy of information in a democracy, I don’t People are having to give up. They are when people reach the conclusion that know what it is. This is so important just leaving. The farm is not only they are not stakeholders in the sys- to us. Now, we had a telecommuni- where they work, it is where they live. tem, that when it comes to their con- cations bill that passed a couple years It is interesting that we had a farm cerns about themselves, about their ago, which, by the way, I think has led bill, the 1996 farm bill. It was called the families and their communities, their to more monopoly. What was interest- Freedom to Farm bill. I called it then concerns are of little concern in the ing is that the anteroom right outside the ‘‘freedom to fail’’ bill. It was a corridors of power in Washington? This our Chamber was packed wall to wall. great bill—I am not saying anything on is really dangerous. What is at stake is You couldn’t get in here if you tried to the floor of the Senate that I have not nothing less than our very noble, won- get through that anteroom. Personally, said a million times over in the last 2 derful, 222-year experiment in self-rule I couldn’t find truth, beauty and jus- years. It was a great bill for the grain and representative democracy. That is tice anywhere. There was a group of companies because what this piece of what it is really all about. people representing a billion dollars legislation essentially said to family (Mr. FRIST assumed the Chair.) here, another group of people rep- farmers is, ‘‘We’re no longer going to Mr. WELLSTONE. Now, let me give resenting a billion dollars over there. give you a loan rate. We’re going to cap some other examples. We went through a debate about whether or not we were You name it. the loan rate at such a low level that What is not on the table is a con- going to do anything to provide our you won’t have the bargaining power.’’ centration of power in financial serv- This sounds a little technocratic, but children with some protection from ices or a concentration of power in ag- to make a long story short, you have being addicted to tobacco. Guess what riculture or all the ways in which con- family farmers faced with a monopoly happened? Tobacco companies, huge when it comes to whom they sell their contributors, individual contributions glomerates have muscled their way to grain to. If they do not have some kind to Senators and Representatives, big the dinner table and are taking over of loan rate that the Government guar- soft money, hundreds of thousands of the food industry. What is not on the antees that brings the price to a cer- dollars of contributions to the party, table is a concentration of power in the tain level, they have no bargaining and guess what happened? As a special health care system, the way in which power in the marketplace. favor to those big tobacco interests, we just a few insurance companies can Not surprisingly, the prices have didn’t even provide our children with own and control most of the managed plummeted. There is no safety net sensible protection. care plans in the United States of whatsoever. And now we see in our part I fear as a special favor to the big in- America. of the country, in the Midwest, a fam- surance companies we are not going to Again, I would say that we are mov- ily farm structure of agriculture which eventually provide patients with the ing toward this new century. I hope the is in real peril. We see an economic kind of protection that they need. I brave new world isn’t two airline com- convulsion. We see many family farm- fear that as a special favor to those panies. I come from a State where we ers who are going to be driven off the bottom dwellers of commerce who now have a strike. In Minnesota we land. don’t want to raise the minimum wage, don’t have a lot of choice. We can’t We are going to be coming to the we are not even going to raise the min- walk from Minnesota to Washington, floor of the Senate—you better believe imum wage for hard-pressed working DC. Northwest Airlines has 85 percent we are going to be coming to the floor people. of the flights in and out. What are we of the Senate—and we are going to be What I see over and over and over going to have—two airlines, two banks, saying to our colleagues, ‘‘Look, you again is a political process hijacked by two oil companies, one supermarket, could have been for the ‘freedom to and dominated by big money. I tell two financial institutions, two health fail’ bill or not, but there’s going to you, that is the opposite of the very care plans? It is interesting that this have to be a modification. You are idea of representative democracy, be- isn’t even on the table here. Could it be going to have to cap off the loan rate, cause the idea of representative democ- that these powerful economic interests and we’re going to have to get the racy is that each person counts as one are able to preempt some of the debate prices up for family farmers.’’ and no more than one. and some of the discussion by virtue of I would argue that in 1996—and I hope What we have instead is something the huge contributions they can make this will not be the debate again—what quite different. Let’s just think for a with the soft money loophole that can September 9, 1998 CONGRESSIONAL RECORD — SENATE S10075 add up to hundreds of thousands of dol- really important. So we are talking ment. This bill would represent a sub- lars? about a proposal that is a milder pro- stantial step forward. What is not on the table is, I argue, posal, but it is an enormous step for- Mr. President, there is a wonderful a frightening maldistribution of wealth ward. It is an enormous step forward. speech that was given by Bill Moyers and income in America. The goal of There are other things that are going in December of 1997, the title of which both political parties, the goal of polit- on in the country that I am excited is ‘‘The Soul of Democracy.’’ I want to ical leaders, ought to be to improve the about, that I wish for, that I think quote from part of Bill Moyers’ speech: standard of living of all the people. eventually we will get to. The clean If Carrie Bolton were here tonight, she Since we started collecting social money, clean election bill that some of could speak to this. The Reverend Carrie science data, we have the greatest mal- us have introduced here on the Senate Bolton from North Carolina. You’d have a distribution of wealth and income we side is an exciting proposal. We have a hard time seeing her because she is only so have ever had in our country. You lot of energy behind it at the State high and her head would barely reach the don’t hear a word about it. It is impor- level. I think New York City will pass microphone. But you would hear her, of that it. I think the State of Massachusetts I’m sure. The state legislature in North tant for people, if they work hard, to Carolina established a commission to look at be able to participate in the life of our will pass it. The State of Maine already campaign financing, and Carrie Bolton came country. It is important for people to did pass it. The State of Vermont to one of the hearings. She listened patiently be able to receive the fruits of their passed it. There are initiatives in other as one speaker after another addressed the labor. States. commissioners. And then it was her time. We have this huge maldistribution of Basically, with the clean money, She spoke softly at first. Then the passion wealth and income. We are not even clean election proposal, we get the big rose, and her words mesmerized her audi- going to discuss it. Could it be that private money out. You say to the citi- ence. When Carrie Bolton finished, they stood and cheered. This is what she said; lis- some of the people who are the most zen, listen, for $5 a year, would you be willing to contribute to a clean money, ten to what Carrie Bolton said: hard-pressed citizens in this country ‘‘I was born to a mother and father married have basically become invisible? They clean election trust fund? And then to each other, who were sharecroppers, who are out of sight; they are out of mind. those candidates who abide by spending proceeded to have ten children. I picked cot- They don’t have lobbyists. They don’t limits and don’t raise the private ton, which made some people rich. . . . I make the big contributions. They don’t money, this money goes to their cam- pulled tobacco. . .I shook peanuts. . .I dug even register to vote because they paigns. You have a level playing field, up potatoes and picked cucumbers, and I don’t think either political party has and you own the elections, and you went to school * * * with enthusiasm. And with great enthusiasm I memorized the Pre- much to say to them. They think both own your State capitol, and you don’t have all of this mix of big money in amble to the Constitution of the United parties have been taken over by the States, I learned the Pledge of Allegiance to same investors. Unfortunately, there is politics. A lot of people in the country the flag, and I was inspired to believe that some truth to that. Unfortunately, we really like this proposal. I think the somehow those things symbolized hope for have given people entirely too much political problem here is we are not me against any odds I might come upon. justification for that point of view. ready for it yet because the system is ‘‘I am a divorcee, a single parent divorcee, What is not on the table? What is not wired. It is wired to people who can and I earn enough money to take care of my on the table is a set of social arrange- raise the big money, and quite often, two children and myself. And I have man- they are the incumbents. And a lot of aged to get a high school diploma, a bach- ments that allow children to be the elor’s degree, two master’s degrees, and do most poverty-stricken group in Amer- people don’t like to vote out a system post doctoral work. ica. One out of every four children that benefits them. But the McCain- ‘‘I am energetic. I’m smart. I’m intelligent. under the age of 3 is growing up poor in Feingold bill represents a very impor- ‘‘But a snowball would stand a better America. One out of every two children tant step forward—following on the chance surviving in hell than I would run- of color under the age of 3 is growing heels of a really exciting victory in the ning for political office in this country. Be- up poor in America today. That is a na- House of Representatives. It is very im- cause I have no money. My family has no portant, very similar. It bans the soft money. My friends do not have money. tional scandal. That is a betrayal of ‘‘Yet, I have ideas. I’m strong, I am power- our heritage. Certainly we can do much money as my colleague, Senator ful (with her right hand she lifts her left better. LEVIN—and there is nobody with more wrist)—people can feel my pulse. People who Now, there are organizations like the intellectual capital in this area—dis- are working, and working hard, can feel Children’s Defense Fund. They do great cussed. Senator LEVIN knows all of the what I feel. work. But it is a very unequal fight. It specifics. I am so impressed with him ‘‘But I can’t tell them because I don’t comes to whether or not you are going as a legislator, with his ability. He know how to get the spotlight to tell them. ‘‘Because I have no money.’’ to have hundreds of billions of dollars talked about it. I will just say that this Anyone who believes Carrie Bolton’s cry of what we call tax expenditures—tax is a huge loophole. It is all very amor- isn’t coming from the soul of democracy is loopholes and deductions, corporation phous. living in a fool’s paradise—a rich fool’s para- welfare, money that goes to all sorts of Corporations and unions can make dise. financial interests, some of the largest these huge soft money contributions. That is from Bill Moyers’ speech. He financial institutions, some of the larg- We all end up calling for this money is my hero journalist. I think he has est corporations in America—or wheth- now because everybody is trapped by done some of the finest work. He con- er or not we are going to make a com- the same rotten system. It restricts cludes his speech by saying this: mitment to make sure that every child issue advocacy, these phony issue ads I have three grandchildren—Henry, 5; has the same opportunity to reach his that are disguised as not really elec- Thomas, 3; and 10-month-old Nancy Judith. I or her full potential. This is the core tion ads. I went through this. I don’t want them to grow up in a healthy, civil so- issue. I am convinced that so many mean this in the spirit of whining, but ciety, one where their political worth is not good things that could happen here get it started in 1996, in the spring in Min- measured by their net worth. ‘‘trumped’’ by the way in which money nesota, and it went on all summer. That is one of the reasons Bill dominates politics. There were all of these ads that would Moyers goes on to argue that this is his Now, the House has passed a good come on TV and they bash you for this passion, this is his work. He is right. campaign finance reform bill, the and bash you for that, but they don’t This is the core issue. Shays-Meehan proposal. It is not ev- say ‘‘vote against’’ whether you are Now, Mr. President, I don’t know erything that some of us would have Democrat or Republican; they just say that I would have the eloquence of liked. As a matter of fact, what is in- ‘‘call.’’ It is unbelievable. They could Carrie Bolton, but I conclude this way teresting is that the original McCain- be financed by soft money. A huge because I see other colleagues who may Feingold bill applied to Senate races. I loophole, huge problem. This bill codi- want to speak. I can’t forget my own thought that was one of the most im- fies the Beck Supreme Court decision experience. It is not quite Carrie portant things. We had voluntary requiring unions to notify their dues- Bolton’s experience, but I ran for office spending caps—you can’t mandate it— paying members of their right to dis- in 1990, and it was amazing. I mean, and at the same time an exchange for allow political use of their dues. It im- you don’t come to the floor to brag, media time. That is gone. That was proves disclosure and FEC enforce- but you don’t run for office if you don’t S10076 CONGRESSIONAL RECORD — SENATE September 9, 1998 think you have the character and opposition. People want to see this instances—the overwhelming majority ideas. Basically, everywhere I went, changed. People just hate the way in of instances—the candidate, whether it the argument was made, ‘‘you don’t which they feel like money dominates is the incumbent or the challenger, have a chance.’’ I was a teacher, so I politics. Those of us in office, and even who spends more money will prevail, didn’t have much money. My father those of us who are challenged for of- will win the election. was an unsuccessful writer. My mother fice, hate it. We hate raising the That really tells the story of why was a cafeteria worker, a food service money; we hate this system. I would this bill—the McCain-Feingold bill— worker. My family didn’t have any think if we wanted the people we rep- the only bipartisan campaign finance money. My wife Sheila worked in the resent to have more confidence and reform bill, is so important, because it library at the high school. Everywhere faith in us, more confidence and faith strikes at the heart of this money I would go—including on the Democrat in this political process, more con- chase. side, not just the Republican side—peo- fidence and faith in the U.S. Senate, we Think about this last Presidential ple were trying to decide whether or would vote for the McCain-Feingold election in 1996—incumbent President not I was a viable candidate. It had piece of legislation. Bill Clinton v. Senator Robert Dole, nothing to do with content of char- So the debate will go on. We will two extraordinarily talented men with acter, nothing to do with ideas, noth- have this vote. a background in public service running ing to do with leadership potential, and I say to my colleagues on the other for the highest office in the land. They it had nothing to do with positions on side—which doesn’t mean just Repub- traversed America from one side to the issues. People just wanted to know how licans because there are some Repub- other. They were on every newscast much money you raised. You were via- licans who support this legislation— every night. They debated with fre- ble or you weren’t viable. You were a that I think they are making a big mis- quency. There was a great exchange on good candidate or you were a bad one take filibustering. From my point of issues, and a real difference of opinion based upon how much money you your- view, this should go on and on for the on many important questions. self had—and I didn’t have it—or how next however many weeks it takes. I We in America—at least the politi- much money you would raise. don’t think we should drop this one. cians—were focused on a daily basis. It is unbelievable, absolutely unbe- This is the core issue. This is the core Then came the election in November lievable. There are so many people who question. It speaks to all the issues of 1996. Something historic occurred. I can’t run for that reason alone. I was that are important to people’s lives. It am not talking about who won and lucky. I come from Minnesota, and I speaks as to whether or not we are lost. What was historic was the fact am emotional about how much I owe to going to have a functioning democracy that we had the lowest percentage them. They were an exception to the or not. turnout of eligible voters casting bal- rule. We were outspent six or seven to As a Senator from Minnesota, from a lots in the Presidential election than one, and we won. Sometimes it hap- good government State, from a reform we had in 72 years in America. Think of pens—if you have a great green school- State, from a progressive State, there it. Despite all of the publicity, and all bus to campaign in and a great grass- is no more important position that I of the attention, when the election day roots organization. can take than to be for this reform leg- came, Americans—American voters— I am the son of a Jewish immigrant islation. stayed home. who fled persecution from Russia. We Mr. President, I yield the floor. Let me amend that for a moment. have had a 222-year, bold, important Mr. DURBIN addressed the Chair. The reason why 72 years applies is experiment in self-rule in democracy, The PRESIDING OFFICER (Mr. that 72 years before 1996 was the first representative democracy. That is HAGEL). The Senator from Illinois. election in American history when what is at jeopardy here. I have talked Mr. DURBIN. Mr. President, let me women were eligible to vote, and many to people about potentially running for say at the outset that it is tough to fol- did not. If you would take that particu- office. They don’t want to. A lot of peo- low the Senator from Minnesota. Sen- lar election in 1924 out of the picture, ple, good people, don’t want to run for ator WELLSTONE brings to this body ex- you have to go back into the early part office any longer because they can’t traordinary talent, and more than of the 19th century to see a lower turn- stand the thought of this money chase. that, a conviction and fervent commit- out of eligible voters. Is that impor- They can’t stand doing it. Moreover, if ment to principle that all of us admire tant? Does it mean anything that vot- you combine what the money is used so greatly. ers stayed home; that they have de- for, with communication technology His first campaign for the U.S. Sen- cided for the most important election becoming the weapon of electoral con- ate was legendary. He was a college in America that they wouldn’t partici- flict, people using the money for poison professor, I believe, in a small college pate? I think it means everything in a politics, all the attack stuff on TV, a in Minnesota. He put himself on a democracy, because the voters—the lot of very good, sane people don’t run. school bus—an old, beaten up school citizens of this country—will not even I think what is happening is a lot of bus—and traveled all around the State come forward to express their choice in good people aren’t going to be involved of Minnesota. He was dramatically out- an election. It is not only a sad com- in public affairs. A lot of young people spent by a gentleman who had formerly mentary on our democracy. It is a are not going to get involved in public served in the U.S. Senate, and, yet, threat to our democracy. affairs. You get to where people are ei- prevailed. The McCain-Feingold bill goes to the ther millionaires or they have to raise His presence on the floor of the Sen- heart of the problem. Why did people millions of dollars. I think you get into ate indicates his reelection to the U.S. stay home? Did they assume they al- this awful self-select where a whole lot Senate and to the fact that there are ready knew the results? That is pos- of good men and women aren’t going to Members of the Senate who can basi- sible. But I think a lot of them were run at all. I am not going to cite the cally break the rules. He wasn’t sup- sickened by this political process. They polls because we have the evidence for posed to win. You are not supposed to looked at the way that, in this case, this. Everybody knows it. Every Demo- have a chance when somebody out- men ran for President; and men and crat and Republican knows full well spends you 6 or 7 to 1. It might raise women ran or not for the House and that people are disengaged and disillu- some question in some people’s minds. Senate. They basically said, ‘‘We don’t sioned with politics in this country, Why we are even debating this if some- care to participate in it. Our family is and this is one of the central reasons. one like PAUL WELLSTONE can win going to stay home.’’ And they did. So, Mr. President, I simply say to my when he is being so dramatically out- What was it about those election colleagues that we have a piece of leg- spent? Why do we need campaign fi- campaigns? Was it the groveling that islation on the floor that follows up on nance reform? It is just because of the all of us as candidates who were not an exciting victory in the House of fact that PAUL WELLSTONE, unfortu- independently wealthy had to do to Representatives, and we need to pass nately, is the exception to the rule. raise the money to be viable? I think this legislation. I also say to my col- The rule is that at the end of a cam- that is part of it. I think that is the big leagues—Democrats and Republicans paign, if you take a look at the amount part of it. They wonder how a man or alike—frankly, I can’t figure out the of money spent by a candidate, in most a woman aspiring to serve in this body, September 9, 1998 CONGRESSIONAL RECORD — SENATE S10077 or the House, can raise literally mil- retribution from elected officials whom tribution because the voters in the lions of dollars without dirtying them- they disagreed with. I don’t buy it. State of Washington have allowed her selves in the process, without sacrific- Men and women organizations come to come to this floor. And when you ing their own principles and values. forward on a regular basis to contrib- look around this Chamber you find oth- They become increasingly skeptical of ute to political campaigns. They under- ers, Democrats and Republicans, of politicians in general, and the can- stand they have taken a position for a similar backgrounds. Unless we are didates up for election in particular. man or woman running for office. The prepared to reform this campaign fi- There is another element, too—the fear of retribution is part of the con- nance system, I am afraid it will be- advertising that we put on television cern. But it is an illustration of how an come more elite, more plutocratic, if during the course of the campaign. A organization with some high-sounding you will, and limited in terms of the lot of people are turned off by it. Most purpose like limiting terms for Mem- types of people who do serve it. campaigns hire sophisticated people to bers of the House and Senate can lit- Let me also, in closing, note the pro- make those ads. They hire pollsters erally spend millions of dollars of mys- cedural issue that we face here. This is who go out and take legitimate sam- tery money and never make a full dis- an important issue. It was brought up ples of American opinion—samples closure; never make any disclosure as before the Senate once before, and it within a given State—and convert to the source of those funds. was stopped. Some 57 Senators, if I am those samples into messages; 30-second Is it important? It could be. Who not mistaken, Democrats and Repub- messages that go up on television. knows who is financing term limits in licans, came forward saying they sup- Some of the messages are positive. America? Is it one person? Is it one ported it, but in this body it really Some are negative. It is the negative company? Is it one special interest takes 60 in order to stop the filibuster. ones that unfortunately give us the bad group? That is a legitimate question. I Sixty votes were not there. Campaign name and lead a lot of people to say can guarantee you that you will not finance died. The House went through that this process itself is so fundamen- see the term limits movement people heroic efforts to bring this to the floor tally flawed. standing around the shopping centers over the opposition of Speaker GING- This McCain-Feingold bill has one of America with kettles and bells ask- RICH. After weeks of debate, weeks of more aspect. And one important aspect ing for quarters and dimes. They don’t amendment, they passed it, and now of that says when it comes to these so- do business that way. They deal in big this bill sits ready for our approval. called independent expenditures—the checks from big players, big expendi- Will we vote on it? That would seem issue advocacy ads—at the very mini- tures, to make a big impact on the sys- the obvious thing. Let’s vote on cam- mum let us find out who these people tem, and they are totally, totally un- paign finance reform, up or down. We are that are paying for the ads. That is regulated. That to me is shameful. It is are going to have it or we are not. If we not too much to ask. Let me give you disgraceful. can pass it, let’s send it to the Presi- an illustration. What is going on here in this debate dent. Let’s try to make sure that we The last time we debated this bill on on McCain-Feingold is an attempt to achieve at least one thing in this legis- the floor, I left the debate to go to a change the system, to clean it up, and lative session. And yet it is not likely meeting of the Senate Judiciary Com- to restore some character to our politi- we will ever see that opportunity. It is mittee before which we had witnesses cal process. I am at the same disadvan- not likely because under the rules of who were testifying on a variety of tage as Senator WELLSTONE of Min- the Senate procedurally you can basi- subjects, including the question of nesota and Senator FEINGOLD, one of cally stop a vote. I hope that doesn’t term limits. The term limits issue is the cosponsors, of Wisconsin. I was happen. I hope we have an opportunity fairly obvious. It says that we should raised in a family that was not for the yeas and nays on this question, limit—at least those people argue— wealthy. I had a wealthy background an up-or-down vote. Let the Senators that we should limit the number of in terms of values and education but of both parties be on record before they terms served by Members of the U.S. not a lot of money. Fortunately, with go home. Are they in favor of reform or Senate and Members of the House of good education and some good friends, would they want to obfuscate this Representatives. There is some surface I was able to start a career in public issue, cover it up with rhetoric? Try to appeal to this that has become a hot service. But now we find this new say to the voters back home: You just issue in a variety of elections. I know emerging phenomenon in American po- don’t understand; it is much more com- the issue myself personally, because in litical life on both sides, Democrat and plicated. the closing days of my Senate race in Republican, the so-called middle-aged, I hope that doesn’t occur. I hope that the State of Illinois they spent about a crazy millionaire who shows up on the we will have the up-or-down vote. I quarter of a million dollars on TV ads scene bored with his life who decides he hope the men and women of the Sen- criticizing me because I opposed the is tired of practicing law, he is tired of ate, Democrats and Republicans, will term limits proposal. And those ads making lots of money in business and cast their vote on this issue of cam- were fairly effective. I won. But I had now has dreams of being Governor or paign finance reform. I do believe what to deal with the criticism that they Senator or you name it. They then is at stake here is more than just a bi- raised. take their personal wealth and, under partisan bill. Senator MCCAIN of Ari- So there sat before me this gen- the existing law, spend it to basically zona and Senator FEINGOLD of Wiscon- tleman representing the term limits buy a campaign, buy their way into of- sin are the chief sponsors. At stake movement who said he agreed with the fice. here is the question of the future of opponents of McCain-Feingold that we I think there are some genuinely this democracy. We are just a few scant shouldn’t reform our campaign finance good people who have done this, but I weeks away from an important elec- system. I said to the gentleman rep- think we have to ask ourselves what tion, an election which will ask the resenting the term limits movement, will happen to this political process if American people to make their choices ‘‘Please, since I as a candidate have to more and more of this sort of person again. disclose every penny that I raise, the become the Representatives and Sen- I guess it sounds almost hackneyed source of the amount, and my political ators of America. I think we will lose now to talk about the legacy that we party has to do the same, I would like something. We would lose something have in this country, that we so often for your term limits movement, having like a PATTY MURRAY, who is a Senator take for granted. spent millions of dollars to defeat or from the State of Washington, who has I can recall just a few years ago when elect candidates to office, to do the a background of teaching in a class- I was given an opportunity to visit the same. Are you prepared to disclose to room. I am glad Senator PATTY MUR- tiny country where my mother was the American people the sources of the RAY is on the floor of the Senate. When born, the country of Lithuania. Lithua- money that paid for those TV ads?’’ His we discuss educational issues, I turn to nia, which has for over 50 years been answer in a word was ‘‘no.’’ PATTY MURRAY. Time and again, I want under Soviet domination, was given for Why wouldn’t he make a full disclo- her perspective because she has been the first time a chance at democracy, sure? His argument was—follow this there. She comes from a family of mod- the first time in half a century. I was one, if you will—that there would be est means, but she makes a great con- there as then-President Gorbachev sent S10078 CONGRESSIONAL RECORD — SENATE September 9, 1998 in the tanks in an effort to quell this on what corporations or labor unions fettered. And they succeeded in doing democratic movement, and, fortu- and within the body of the bill, individ- just exactly that. nately, he was not successful. People of uals, political parties or organizations, In Buckley v. Valeo, the Court said: that country risked their lives. They can do when they are communicating A restriction on the amount of money a certainly risked their political futures about an election and so much as nam- person or group can spend on political com- because they wanted to vote. They ing a political candidate. munication during a campaign necessarily wanted to elect their leaders. It was The American Civil Liberties Union, reduces the quantity of expression by restricting the number of issues discussed, the gratifying that they would invite me in writing about this provision in con- depth of their exploration, and the size of the and others from the United States, be- nection with last February’s debate, audience reached. This is because virtually cause we represented to them what this wrote: every means of communicating ideas in to- was all about—democracy, the people This unprecedented provision is an imper- day’s mass society requires the expenditure speaking. missible effort to regulate issue speech of money. I found it curious. As each one of which contains not a whisper of express ad- I may return to this issue in a few these leaders would emerge in these vocacy simply because it refers to a Federal moments, but it does represent only new countries, they would visit around candidate who, more often than not, is a con- one-half—one section of this bill. The the world, but the first stop would al- gressional incumbent during an election sea- other element of the bill, the prohibi- son. ways be right here in this building, on tion of what is called ‘‘soft money,’’ Capitol Hill, before a joint session of This argument doesn’t even go to the probably is not subject to the same Congress. Whether it was Lech Walesa, desirability of such a provision but constitutional strictures. It is simply Vaclav Havel, the leaders of the Phil- simply to the fact that it is clearly a overwhelmingly undesirable. Congress, ippines and other places, in order to violation of the first amendment to the in 1974, in a portion of its campaign fi- validate their democratic experiment, Constitution of the United States. nance regulations passed in that year, in order to come to what they consid- One can go beyond that and wonder limited the amount of money that one ered to be the cradle of liberty, they why this phrase ‘‘electioneering com- individual could give to another indi- came here to this building. They recog- munication’’ only applies to radio and vidual’s political campaign for Federal nized in our country what many of our television. I think at the time of our office. That portion of the 1974 statute citizens are failing to recognize—what previous debate the definition was was found to be valid, though the limi- this democracy really means and what broader than that. But here we have a tations on actual expenditures by a it is all about. situation in which a particular form of given candidate from that candidate’s There are some who will argue this communication about public issues—of own money or from other sources was issue and say that the speech I have speech about public issues—is banned found to be invalid, under the Constitu- just made is too idealistic, it is way be- but an identical speech about the same tion, for the very reasons that I have yond practical politics. They are right. public issues using the same words is just read, from the Supreme Court’s It is about ideals. It is about the demo- not banned or controlled in any respect opinion in Buckley v. Valeo. cratic ideals that are at stake if we whatsoever—radio and television; not What has been the inevitable result don’t reform this system. I hope those newspapers, not handbills, not direct of those restrictions? What has been who oppose this bill will in all fairness mail. I believe it is likely that these the inevitable result of those restric- give us a chance for an up-or-down provisions would be found unconstitu- tions as the limitations passed in 1974 vote. tional if only because of that distinc- have shrunk by the operation of infla- Mr. President, I yield back the re- tion without a difference between tion in our society so that the $1,000 mainder of my time. forms of communication; that if one per individual per campaign limitation Mr. GORTON addressed the Chair. form of communication is allowed, how in 1974 is worth roughly $380 or $390 The PRESIDING OFFICER. The Sen- can you possibly prohibit another form today? Mr. President, the response on ator from Washington. of communication? the part of people who feel strongly Mr. GORTON. Mr. President, the first The rationale, I believe, is that the about political ideas and about politi- amendment to the Constitution of the sponsors of this provision believe that cal campaigns has been to cause them United States reads in relevant part: radio and television communication is to switch a great deal of their support Congress shall make no law abridging the somehow more effective than other from individual candidates to the polit- freedom of speech or of the press. forms of communication and so they ical parties under whose aegis those No law, Mr. President, and I pick up will ban it only. But the fundamental candidates run for office. this relatively long and detailed proposition of the opponents to this bill is Now, I think that this is, at least, a posal for a new law, and I read the title that this whole section, the whole sub- modest step in the wrong direction. of one of the sections, the title appear- title dealing with independent and co- Why? Because, of course, every dollar ing on page 16: ‘‘Prohibition of Cor- ordinated expenditures, dealing with spent by a candidate—whether that porate and Labor Disbursements for what can and cannot be done within 30 candidate has written a check out of Electioneering Communications.’’ Let days of a primary election and 60 days his or her own pocket or whether or me read that once again, Mr. Presi- of the general election, clearly not that money has been solicited from dent. Section 200B of this bill is a ‘‘Pro- abridges the ‘‘freedom of speech’’ others—every dollar spent by an indi- hibition of Corporate and Labor Dis- clause of the first amendment to the vidual candidate on a communication bursements for Electioneering Commu- Constitution of the United States. is subject to criticism from the news- nications.’’ In both Congress and the courts, papers, television stations, and from Now, what is an electioneering com- there have been frequent appeals to other candidates to exactly the extent munication? According to the bill, and certain limitations on certain forms of that it is deceptive or dodges the per- again I quote, ‘‘electioneering commu- speech and the broadest definition of ceived real issues in a political cam- nication means any broadcast from a that word when that speech is asserted paign. Each candidate, in other words, television or radio broadcast station to be obscene. Much of that debate re- can be held responsible, and candidates which refers to a clearly identified can- volves around whether or not James are generally held responsible, for the didate for Federal office; is made or Madison and the Founding Fathers quality of their own communications. scheduled to be made within 60 days be- would have protected certain forms of A candidate, however, cannot nearly so fore a general, special, or runoff elec- speech—obscenity, even advertising easily be held responsible for commu- tion for such Federal office.’’ and the like. We debated that issue in nications coming from that candidate’s Mr. President, I go back to the first connection with proposed tobacco leg- party. So to exactly the extent that we amendment. The first amendment says: islation earlier this year. But clearly have limited—have choked off the abil- Congress shall make no law abridging the the draftsmen of the first amendment, ity of candidates other than the freedom of speech or of the press. the Founding Fathers, were absolutely wealthiest of those candidates to It is impossible for me to see how the certain and clear in their belief that raise— proponents of this legislation can political speech, the debate about po- Mr. FEINGOLD. Mr. President, will claim that these detailed restrictions litical ideas, be absolutely free and un- the Senator yield for a question? September 9, 1998 CONGRESSIONAL RECORD — SENATE S10079 Mr. GORTON. Yes. constitutional, the interest of those candidates and requiring their imme- Mr. FEINGOLD. Let me first express who feel a vital necessity to commu- diate disclosure, and in encouraging my admiration for the Senator from nicate political ideas to advance causes rather than discouraging support of Washington’s interest in first amend- of either ideas or for candidates is not our political parties. ment and free speech issues, and his going to be eliminated, it is not even Most of us who are engaged in par- very careful presentation. going to be diminished. tisan politics through most of our ca- I would just like to ask, in light of What do we have under those cir- reers have been exposed to the aca- his earlier comments, if he believes the cumstances, Mr. President? Under demic proposition, at least, that one of Buckley v. Valeo decision was cor- those circumstances, we have the indi- the shortcomings of the American po- rectly decided? vidual who can no longer give a signifi- litical system, in comparison with the Mr. GORTON. He does, though in this cant amount of money to a candidate parliamentary systems of most other case I am not sure that Buckley v. of his or her choice, can no longer give democracies, is the almost total ab- Valeo would have been so decided, even what he or she considers a sufficient sence of party discipline and party re- with respect to the limitation on con- amount to the political party of that sponsibility. We are often criticized for tributions to individual candidates, candidate engaged in one or two other the fact that each one of us as an indi- had those limitations been, say, $380 or political activities: Either in independ- vidual—that a voter cannot be at all $390 today. That is to say, a restriction ent expenditures on behalf of an indi- certain when he or she votes for a can- or a limitation that is constitutional vidual candidate or an idea or in issue didate of the Republican Party, or the under one set of circumstances could advocacy. Under those circumstances, Democratic Party, for that matter, easily find itself to be unconstitutional the communications are even less the that they will get what they believe to under another set of circumstances, if responsibility of the candidate who be the platform of that political party the Court deemed those limitations to benefits from them than they are when adopted, because the candidates, in be unreasonably restrictive. the money is spent by that candidate’s each case, are independent agents. Mr. FEINGOLD. Mr. President, I rec- political party. Most academics would ask us to in- ognize the point that in Buckley v. The political party is not responsible crease the power, the degree of influ- Valeo the Court did suggest that there for the content of any such electioneer- ence, of political parties over their was some magnitude of contribution ing communications either, but we members, especially over their elected that might be needed to constitute a then get to the very unconstitutional officials, so that we could have a corrupting influence on the political limitations on express advocacy that brighter line of distinction between the process. But the Senator apparently are included in this bill. The sponsors parties and their platforms, so that accepts the notion that it is constitu- of the bill run up against the fact that voters would have what they consider tional to have some kind of limitation the limitations that they can impose to be a more significant choice. on what a person can give to a can- constitutionally simply force money I may say that I don’t necessarily buy that argument. I am not sure I buy didate. used on politics into areas that they it at all. But there are few arguments Mr. GORTON. That is the decision in cannot constitutionally touch because put forward by either academics or, I Buckley v. Valeo, and while I question the Constitution says Congress shall think, by practicing politicians that the wisdom of the limitation, I don’t make no law abridging the freedom of political party organizations of the question the constitutionality. speech. Mr. FEINGOLD. I think the Senator The amount of money spent on polit- United States should be weaker and of has been—if I can continue, Mr. Presi- ical ideas and political advocacy is no less account than they are today. This bill, to the extent that it is con- dent—has been very candid on the floor less—in fact, in many respects it may stitutional, weakens, marginalizes, alas to whether it would be constitu- be more—it is simply that it is, for all most eliminates, the effect of political tional to prohibit soft money contribu- practical purposes, impossible to criti- party organizations, and it does so to tions. I think you have spoken to that. cize a candidate for money that is, for exactly the extent that it increases the Correct me if I am wrong, but I believe all practical purposes, being spent on authority and the influence of you have indicated you believe that, behalf of that candidate. nonparty organizations of the most under Buckley v. Valeo, it would be That, Mr. President, is the fun- narrow of special interest organiza- constitutional to do that although it damental reason that even those portions in political campaigns. may not be wise to do so. Is that a fair tions of this bill which are arguably No, Mr. President, we should statement of the Senator’s position? constitutional are highly undesirable. strengthen the candidates’ organiza- Mr. GORTON. The Senator is correct. They will not lessen the amount of tions. We should require candidates to The PRESIDING OFFICER. The Sen- money spent during the course of polit- be more responsible for the money that ator from Washington. ical campaigns. They will make the is spent on their behalf, and we should Mr. GORTON. The point the Senator spending of that money less responsible probably be strengthening political from Washington was making was sim- than it is at the present time. They party organizations at the same time. ply this, Mr. President: That limita- have nothing to do with an argument What we do in this bill is to continue tions, constitutional as they may be, about corruption, other than to en- the weakening of the candidates, to on the ability of candidates, other than courage the kind of subterfuge which add to that the weakening of the par- those who can finance their own cam- so marked the 1996 elections. ties, and we encourage, because of the paigns, to solicit money from others, If, for example, the money spent in unconstitutional nature of the second has forced that money into a channel 1996 could have been legally given di- part of this bill, the portion of spend- in which the electioneering commu- rectly to the candidates and disclosed ing in our political system for which nications are far less the responsibility at the time, we wouldn’t be in the the spenders and the political parties of the individual candidate than they midst of one more search for an inde- and the candidates are least account- are when that candidate spends for pendent counsel to examine the results able. himself. of those elections. This bill is no better than it was in From a public policy point of view, it The net results of this bill, it seems February when it was defeated. It is no is the view of this Senator at least that to me, are twofold: They are to force better than it was nearly 2 years ago money spent by political parties is less political money into less and less re- when it was defeated. desirable because there is less respon- sponsible channels in which disclosure The comments during the course of sibility for it than money spent by in- is less than it is at the present time the debate a year ago last fall from dividual candidates. But of course and, to the extent that they attempt to George Will are as applicable today as those aren’t the only two alternatives control those expenditures, to come they were then. And I will conclude by for spending money for political pur- afoul of the first amendment to the quoting him: poses. Constitution of the United States. No, Nothing in American history—not the As and when these limitations on Mr. President, we would be far, far bet- left’s recent campus ‘‘speech codes,’’ nor the contributions to political parties be- ter off in encouraging, rather than dis- right’s depredations during 1950s McCarthy- come law, to the extent they are found couraging, contributions directly to ism, or the 1920s ‘‘red scare,’’ not the Alien S10080 CONGRESSIONAL RECORD — SENATE September 9, 1998 and Sedition Acts of the 1790s—matches the refer the Senator to the first amend- rennial filibuster, the event of passage menace to the First Amendment posed by ment. If that is not a law abridging the of the Shays-Meehan legislation in the campaign ‘‘reforms’’ advancing under the freedom of speech, we could not pass a House has provided us with a golden protective coloration of political hygiene. law abridging the freedom of speech. opportunity to move past the proce- That was true last year. It is true Any other limitation or restriction dural maneuvering that has obstructed this year. It will be true next year. It would be valid. It flies directly into the this important legislation for far too is the fundamental reason that this bill teeth of the plain meaning of the first long. violating first amendment rights of amendment. The volume of evidence from our free speech should be rejected by this Mr. FEINGOLD. It is interesting that most recent Federal elections clearly body once again. the Senator makes that comment be- demonstrates that our current system Mr. FEINGOLD. Will the Senator cause a few years ago, for example, has spiraled completely out of control. yield for a question? there was no question that Philip Mor- It is no longer a system of rules but a Mr. GORTON. The Senator has yield- ris could not write out a million-dollar system of loopholes, and through these ed the floor. check and run ads like that, but some- loopholes has poured a staggering Mr. FEINGOLD. I was wondering if how now it is almost standard practice. amount of money that continues to es- the Senator would briefly be willing to Somehow the law has been moved away calate each and every campaign cycle. continue the discussion of the constitu- from almost a century-long prohibition We no longer have a system in which tional issues. on corporate spending in connection candidates are encouraged to debate Mr. President, I appreciated the Sen- with Federal elections to the ability to their records and their positions on the ator’s candid responses on the relation- have unlimited spending on Federal issues. We no longer have a system in ship of the Buckley v. Valeo decision to elections through the ruse of pretend- which candidates are encouraged to the issues of contributions. He also ing that an issue ad is an issue ad when look for votes by shaking hands at a talked a little bit about corporate and it actually does everything but say the coffee shop or greeting workers at a union spending and what should be words, of course, ‘‘vote for’’ or ‘‘vote factory gate and knocking door to door done there. against’’ a certain candidate. at residents’ homes. Does the Senator have a constitu- Isn’t that just, in effect, eliminating Sadly, the system in place today en- tional problem with the current law’s the whole corporate prohibition that courages candidates to look not for ban on corporate union spending in has existed for such—— votes but for money. It is a money connection with Federal elections? Mr. GORTON. The quarrel that the chase, Mr. President. And all of us are Mr. GORTON. This Senator has some Senator from Wisconsin has is not with part of this unsavory system. And only question on that subject, but this Sen- this Senator but the Supreme Court of we can change it. It is a shameless and ator is completely convinced that, as the United States and the first amend- demeaning system. And that just undesirable as he regarded the political ment. speaks to the extraordinary sums of campaigns in 1996 by labor unions, that Mr. FEINGOLD. Mr. President, that money that candidates themselves are they were, are, and will remain com- is exactly what we would hope to deter- required to raise and spend. pletely constitutional, totally within mine with the passage of this bill. We Add to that the millions and millions the rights of those unions, and that would find out if in fact the Supreme of dollars raised and spent by the na- they cannot be restricted in any re- Court would find that an ad that does tional political parties and outside spe- spect whatsoever by the Congress. everything to promote a candidate or cial interest groups who have perfected Mr. FEINGOLD. Is the Senator aware attack a candidate but say ‘‘vote for’’ the art of saturating an entire State that since 1904 corporations have not really is an issue ad. That would be a with political ads months and months been able to make contributions di- matter for the Supreme Court to deter- before the election day. rectly, and since 1943 labor unions can- mine. Mr. President, those who continue to not? That is current law. Mr. President, I appreciate the cour- oppose meaningful campaign finance Mr. GORTON. That is current law, tesy of the Senator from Washington in reform must be living in a different but that has to do with the direct con- responding to a series of questions. world. I simply cannot fathom how tribution to a candidate. It has nothing I ask unanimous consent that the anyone can look at the chaos of our to do with the express advocacy that is Senator from Nevada, Mr. BRYAN, be past and current elections and suggest covered by the second part of this bill. added as a cosponsor of the McCain- that the response of the U.S. Senate Mr. FEINGOLD. If the corporation or Feingold amendment before the body. should be to do nothing. union simply ran campaign ads, the The PRESIDING OFFICER. Without During the recent August recess, I prohibition would apply as well, would objection, it is so ordered. had the opportunity to travel widely it not? Mr. BRYAN addressed the Chair. throughout my home State of Nevada Mr. GORTON. It is very difficult to The PRESIDING OFFICER. The Sen- and to meet face to face with thou- see the difference between what was ator from Nevada. sands of my constituents. In fact, by done during the course of the 1996 elec- Mr. BRYAN. Mr. President, I thank automobile I traveled more than 3,000 tions in direct campaign ads, and they my colleague from Wisconsin, and I miles through Nevada, visiting with were distinctions without a difference. thank him and the senior Senator from some of the smallest communities in Mr. FEINGOLD. That is exactly the Arizona for their leadership on cam- our State and holding 17 townhall point. paign finance reform. They have been meetings during the course of this re- To continue, is that not a reason that faithful to the cause. They have been cess. a majority of this body, as expressed in leaders on the floor and they have, I Time and time again, the issue of the Snowe-Jeffords amendment, be- think, engaged the American people at campaign finance reform was raised at lieves that this is a very simple and long last in a colloquy so that I be- these townhall meetings. It was deeply logical extension on the ban of cor- lieve, as I will comment later in my re- unsettling to see firsthand how dis- porate and union campaigning by say- marks, the American public now has a gusted the American people are with ing that a corporation and union can- better understanding of what is at the absolute scandal taking place in not directly fund issue ads that di- issue here. our campaign finance system. These rectly mention a candidate’s name in Mr. President, I rise today as a co- were not politicians talking about the the last 60 days? Is that not simply an sponsor and strong supporter of the need for reform. These were ordinary extension of, in effect, what has always legislation brought to the floor by Sen- people who have become so disillu- been the law? ators MCCAIN and FEINGOLD. I must say sioned with our political process that Mr. GORTON. No, I do not believe that I am pleased—‘‘overjoyed’’ may be they no longer feel any sort of connec- under any circumstances that it is. an understatement—that the Senate tion to our democratic system. This is There is an absolute prohibition has at last an opportunity to revisit a dangerous threat to democracy itself. against so much as mentioning the this issue. Let me also point out that as often name of a candidate in a 60-day period Although campaign finance reform as this issue was raised, not a single before an election in this bill. I simply has been derailed in the past by a pe- person, not one, expressed opposition September 9, 1998 CONGRESSIONAL RECORD — SENATE S10081 to the McCain-Feingold bill on cam- money. In just 4 years, soft money party, would like to see the old Whig paign finance reform. No one. Abso- more than tripled, exploding from $86 party revived, or want to be part of the lutely no one. million in 1992 to $262 million in 1996; avant garde 1990s and become a mem- Thankfully, the House of Representa- $260 million that was raised and spent, ber of the vegetarian party, wherever tives has provided us with the oppor- completely outside the scope of Fed- one comes down on the political spec- tunity to at least stop the hemorrhag- eral election law. trum, 72 percent of those registered to ing of our current finance system. Sev- Perhaps the only thing worse than to vote not participating is a system that eral weeks ago, on a strong, bipartisan know how this soft money is raised is we cannot sustain and still have a rep- vote, the House passed the Shays-Mee- to know how this soft money is being resentative democracy in America. han bill which was modeled on the spent. In recent years, the airways In addition to cutting down the soft McCain-Feingold legislation before us have been bombarded, saturated with money system, the McCain-Feingold today. This was not just a handful of political ads paid for with soft money. proposal would place significant re- Republicans voting with Democrats to These political ads specialize in shred- striction on the issue ads which I have pass this legislation. In point of fact, ding various candidates without telling just described. Under the Snowe-Jef- one quarter of the entire House Repub- the viewers who paid for the ad, where fords modification, if a radio or tele- lican conference voted for that biparti- the money came from, and who was revision advertisement mentions a can- san bill which passed by a margin of sponsible for its content. didate’s name within 30 days of a pri- 252–179. It should come as no surprise to any mary election or 60 days of a general Now, I have heard some of our col- of us that more and more Americans election, the funds used to pay for that leagues, in expressing opposition to are repulsed by these anonymous as- advertisement must be raised under campaign finance reform, argue that saults and the sheer volume of money Federal election law and must be fully just because the House has passed this pouring into our election system. As a disclosed. Some outside organizations legislation, it does not mean we should consequence, they are distancing them- have suggested that they have a condo so. I must say I have a different in- selves from the political process. That stitutional right to freely discuss an terpretation of the present situation. is the greatest tragedy of all. Ameri- issue with the electorate. I agree. In Shame on the Senate for not passing cans are so turned off by our political fact, under this legislation, any organi- campaign finance reform in the past; system that they don’t even vote on zation can run an advertisement on shame on the Senate if we refuse to do election day. When they do vote, often any issue they want—whether it is so now when we have the opportunity it is not the sense of voting for the bet- health care reform, gun control, or any to do so. ter of two candidates; it is a perception other issue—with no restrictions. Some of us, myself included, would that they are voting for the lesser of That is a true issue ad and a sort of have preferred more comprehensive re- two evils on the ballot. communication that the Supreme form legislation than McCain-Feingold With a tidal wave of campaign cash Court has said is free from government offers. But it is an important step, a flowing into our political system, the regulation, and properly so. The Su- vital step, on the road to campaign fi- torrent of negative advertising on the preme Court has also said that we can nance reform. Its centerpiece is the ban airways, and the lack of meaningful regulate advertisements that are not on the so-called soft money. Banning disclosure or accountability, it is be- meant to advocate issues, but instead these unlimited and unregulated con- coming increasingly difficult, almost are meant to advocate candidates. tributions would represent the most impossible, for the American people to That is what this legislation provides. important political reform enacted by feel good about any candidate, or their True issue ads would be exempt from the Congress in more than two decades. participation in the democratic proc- this legislation. However, if an organi- Let me repeat this: Banning these un- ess. zation chooses to run an ad in the limited and unregulated contributions Just last week, in my home State of weeks before an election, and if that ad would represent the most important Nevada, we had a critically important is clearly designed to advocate for or political reform enacted by the Con- primary election. Not only is there an against a particular candidate who is gress in more than two decades. open gubernatorial seat in a hotly con- involved in that election, this legisla- Despite the 3-year long filibuster of tested primary, there were primaries tion will define that activity as elec- this legislation, we have heard very few for the U.S. Senate, an open House tion related, and the money used for opponents come down to the floor and seat, and a number of seats in the those ads will be required to be raised stand up and defend the virtues of a State legislature. I am sad to report and spent under the provisions of Fed- $250,000 in soft money contribution or that only 28 percent of all registered eral election law. more. Soft money is an embarrassment voters in Nevada turned out for this Finally, in addition to banning soft to the American political system. It is election—28 percent. Let me make an money and enacting tough restrictions the mother of all campaign finance important distinction. That is not 28 on candidate ads, the legislation in- loopholes and perhaps the most inge- percent of all Nevadans who were eligi- cludes a number of provisions that will nious money-laundering system in his- ble to register and to participate in the improve the disclosure of fundraising tory. Soft money as we know it refers system. That is 28 percent of those who activities and provide the Federal Elec- to the unlimited and unregulated con- are actually registered. This is a trag- tion Commission with greater tools to tributions from corporations, labor edy. It is not good for our system. Sev- detect and to investigate campaign fi- unions and wealthy individuals that enty-two percent of all registered vot- nance abuses. flow to the political parties, unchecked ers in Nevada did not vote. And Nevada Unfortunately, it appears that once and unregulated, outside the accepted is not alone. again it will require 60 votes to move contribution limits and reporting re- I have heard it said that if one looks this important legislation through the quirements of Federal law. This soft at the entire primary election cycle U.S. Senate. I, for one, would like to money, with little or no disclosure, is this year—and I presume they are fac- see us move past these procedural then poured into what have become toring in those who are eligible to reg- games and start having real votes and known as issue ads, a nickname given ister and chose not to do so, as well as real issues and debate campaign fi- to television and radio advertisements those who are eligible to vote, having nance reform on the merits, on the sub- that skirt Federal election laws and registered but chose not to vote—less stance. Let’s vote on whether or not we fall under no regulations. This money than 17 percent of the people in Amer- should ban all soft money. Let’s vote is raised and spent with virtually no ica have participated in the electoral on whether these thinly disguised at- limits and no disclosure. process this year. This is a disaster tack ads should be considered election How much soft money can be contrib- wherever one comes down in the politi- and campaign ads subject to Federal uted? Sadly, the sky is truly the limit. cal scale. Whether one registers him- election law, and let’s vote on whether In fact, there are no limits to this in- self or herself more closely aligned we should strengthen our disclosure re- credulous, bizarre system. In 1992, just with Democrats or Republicans, inde- quirements under the Federal Election 6 years ago, the two parties raised and pendent Americans or Libertarians, Commission and provide that Commis- spent a combined $86 million in soft wishes to revive the old Know Nothing sion with greater tools to ensure that S10082 CONGRESSIONAL RECORD — SENATE September 9, 1998 all candidates and all parties and out- in gift taxes on that ball. We pointed I trust all of us in this body are willing side groups are playing by the rules. out that that made no sense. I am to recognize. After the outrageous amount of proud to say that we had bipartisan Mrs. BOXER addressed the Chair. money spent in the 1996 election, after support for that proposition, Madam The PRESIDING OFFICER. The Sen- all the charges and countercharges of President. There are very few things ator from California is recognized. abuse, impropriety and quid pro quo, that have brought this Chamber to- Mrs. BOXER. Madam President, I and after what we have already wit- gether more than that one simple prop- thank the Senator from Missouri for nessed in the opening months of the osition. his eloquent remarks, and I thank both election season this year, it would be I was very pleased yesterday after- Senators for introducing this resolu- appalling, in my judgment, if the 105th noon to have a call from Commissioner tion. Congress were to adjourn without pass- Rossotti of the IRS, who understood I rise to salute a native son of Cali- ing a single reform of this deplorable the magnitude of the problem this fornia, a man who grew up in the play- system. could cause. He advised me that he has ing fields of southern California, a Madam President, I urge my col- issued a release from the IRS saying graduate of California public schools leagues to support the McCain-Fein- that, while resolving gift tax issues is and honed his skills at the University gold legislation and begin the process as difficult as figuring out the infield of Southern California and developed of restoring a sense of integrity and fly rule, it made sense that we con- into a mature professional in Oakland, CA, where I saw him play many a confidence to our democratic process. gratulate a fan who returns the base- I yield the floor. ball rather than hit him with taxes. game; a man who has since settled in Mr. GORTON addressed the Chair. That is particularly good news to Deni Missouri, but will always remain a favorite son of California; a man who The PRESIDING OFFICER (Ms. COL- Allen, a 22-year-old marketing rep- brought immense talent, hard work, LINS). The Senator from Washington is resentative from Ozark, MO, Mike Da- recognized. vidson, a 28-year-old St. Louis native, energy, enthusiasm and, above all, dig- Mr. GORTON. Madam President, I and Tim Forneris, a 22-year-old from nity and grace to one of America’s note that at least two Senators are on Collinsville, IL, a member of the St. most revered institutions. I grew up, when I was a kid, six the floor who wish to introduce a reso- Louis grounds crew. They all just blocks from a Major League ballpark. I lution on another subject, a subject wanted to give Mark McGwire the heard the sound of those home runs all baseball and didn’t want to be taxed on that I think is appropriate. At this through the years I was growing up. I it. Thanks to the support of this body point, I yield to the Senator from Mis- went to many a game and sat in the and the action of the Commissioner, souri. bleachers. I am a baseball fan. Yet, I Mrs. BOXER. Madam President, I ask they will not be taxed. I am very haven’t seen such excitement in so unanimous consent that at the conclu- pleased with that. many years that we have seen in the I was also pleased to join many sion of the remarks of the Senator last month or so. from Missouri, I be granted time to ex- friends and colleagues last night in This man has really helped reinvigo- press my support for what he is about rooting for the historic home run hit rate the game of baseball, further en- to do. by Mark McGwire. Mark McGwire’s shrining it as our national pastime. He The PRESIDING OFFICER. Without achievements are there for all to see on has thrilled countless lifelong fans of objection, it is so ordered. television, or to read about in the baseball, and he has made millions of The Senator from Missouri is recog- sports page, because this is one tre- new fans who knew very little about nized. mendous athlete. He hit home run ball the game. This is a man who has put us f No. 62 in his 144th game of the season. in touch with baseball heroes of the The purpose of our resolution is to past, and he has inspired baseball he- RECOGNIZING MARK McGWIRE OF recognize that historic contribution to THE ST. LOUIS CARDINALS FOR roes of the future—a giant of a man, baseball. But I also want to just spend playing a game that we learned to love BREAKING THE HISTORIC HOME a minute on Mark McGwire, the per- RUN RECORD as children, and who has made us all son. I have in my hand a copy of Sports feel like little kids again at a time Mr. BOND. Madam President, I ask Illustrated, which features a picture of when we need that every once in a unanimous consent that the Senate Mark McGwire and his son, Matt while. Of course, I speak of Mark proceed to the immediate consider- McGwire. The article is entitled ‘‘One McGwire. ation of S. Res. 273. Cool Dad.’’ I think a lot of people who I think it is also important to recog- The PRESIDING OFFICER. Without watched Mark McGwire in the year he nize the Cubs’ Sammy Sosa. Both of objection, it is so ordered. has been in St. Louis, and probably be- these men have pursued Babe Ruth’s The clerk will report. fore that in California, know that he is and Roger Maris’ home run records, The bill clerk read as follows: a dedicated father and he is a commu- and they did it under intense pressure, A resolution (S. Res. 273) recognizing the nity leader. He has shown his willing- but with grace and joy, rooting for historic home run record set by Mark ness to serve his community by his each other, appreciating their fan sup- McGwire of the St. Louis Cardinals on Sep- generosity. port, and infecting us all with good tember 8, 1998. This man is a great role model for humor, poise and good sportsmanship. The PRESIDING OFFICER. Is there young people in our country today, and Today is a day of heroes—one par- objection to the immediate consider- the way he approached this record-set- ticular hero, Mark McGwire. I wanted ation of the resolution? ting mark, with due recognition for to say on behalf of all of California— There being no objection, the Senate Roger Maris—also a tremendous ath- and I know Senator FEINSTEIN joins me proceeded to consider the resolution. lete, one I greatly respected, who held in this—that we are very proud of Mr. BOND. Madam President, it is a the record prior to him—reflects ex- Mark McGwire. great honor and with pleasure that I tremely well on Mr. McGwire. I hope In closing, I want to say that it is introduce this resolution for myself, that I will have many cosponsors who hard to join a nexus between one thing Mr. ASHCROFT, the Senator from Cali- will join in this resolution. I see sev- and another here. But I have two he- fornia, and others who may wish to eral colleagues on the floor who want roes here today on the floor of the Sen- join us. to discuss it, but suffice it to say that ate—RUSS FEINGOLD and JOHN Yesterday, I was on this floor de- Mark McGwire has made a historic MCCAIN—because I am really proud of scribing a very difficult predicament contribution to baseball. He has the way they have pursued their goal, a that Major League baseball was en- brought the country together. The only goal that I think will make this democ- countering. It seemed, as of early yes- thing we are talking about in Missouri racy stronger, a goal of good, solid terday morning, that the Internal Rev- is Mark McGwire, not a lot of the other campaign finance reform. enue Service might say that a fan who problems. His dedication to leadership On the one hand, we laud the baseball caught a historic home run ball hit by and family values, his spirit of commu- heroes. I wanted to laud a couple of Mark McGwire and turned it back to nity contribution and leadership mark Senate heroes of mine on campaign fi- him might be liable for $150,000 or more him as an outstanding gentleman who nance reform. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10083 Let me again thank the Senators this part of American history was too the tremendous lesson that we can all from Missouri for giving us a chance to valuable to be sold but it was so valu- take out of the joy and exuberance of get to see this praise in writing in the able that it ought to be shared. celebrating the achievements of one RECORD for all time. Let me make a few remarks about whose acts really just stun us and mar- Thank you. I yield the floor. Mark. vel us. Mr. ASHCROFT addressed the Chair. In the pictures—and I just hope the There is just one last point. The PRESIDING OFFICER. The Sen- rest of America sees these pictures, if There were lots of people—I have ator from Missouri is recognized. they haven’t seen them—in the pic- been among them—who have said, Mr. ASHCROFT. Madam President, tures we see a picture of what we need ‘‘Well, Babe Ruth’s record and Roger let me extend my appreciation to the to be, how we need to think, and how Maris’ record’’—Babe Ruth, if you senior Senator from the State of Mis- we need to act. Perspective and balance wanted to count one game at one game souri, Senator BOND, for having pre- are perhaps the most important char- level, and Roger Maris at another— senting this important resolution; and acteristics of life. Knowing where you ‘‘would never be broken.’’ I am kind of my thanks as well to the Senator from stand at the magic of the moment is glad that Mark McGwire straightened California, Senator BOXER. certainly a valuable thing. Understand- me out on the breakability of those I was elated when I saw what we had ing where you stand in the perspective records, because I believe that maybe all anticipated for so long—that Mark of history is a valuable thing. Having a as much as anything else, Mark McGwire would learn uniquely how to respect for the future is a valuable McGwire tells us that the best is yet to pay the price for greatness, would thing. In just one tight little moment come, that every record in the book is achieve something that some had said there on national television, as Mark one we should look to break, that could never happen. We watched and I McGwire finished rounding the bases, America is not a place whose primary and monumental achievements are all watched in anticipation as I believe it he showed us that he was a person who behind us, but America is a place where was in the fourth inning last evening not only understood the magic of the when the first pitch was, incidentally, the best is yet to come. moment—driving the ball over the left Last night, Mark McGwire set a new not what I would call a home run pitch. field wall and celebrating the incred- record of 62 home runs. He might set It looked to me like it was a borderline ible exhilaration and joy of that per- another record the next time he bats. I strike zone, low and away, and Mark sonal achievement, the crowning am confident that he will set another reached out and, on the low and away achievement of years of training, prac- record before the end of this season pitch, pulled the ball like a rifleshot tice, and insistent persistence toward a over and over and over again. over the wall in Busch Stadium in St. goal—he understood the magic of the I think part of the American spirit is Louis. moment, but he also told us that he un- such that we should all think about I stand today to commend him for his derstood his place in history, because America as a place where the best is outstanding baseball. To see him and he went to the stands and he embraced yet to come. When we learn to pay the Sammy Sosa embrace and salute each the family of Roger Maris. Roger, of price, maybe when we have the balance other in a friendly kind of competition course, died tragically young as a re- and perspective that Mark dem- that brings out the very best is a story sult of cancer. But his family was there onstrated, understanding the magic of about what America really needs and to understand not only his place in his- the moment, respecting history, and ought to be—how we don’t have to be, tory but to understand that history having a full dedication to the fabulous because we are opponents, enemies. marches on. Mark McGwire not only future, maybe that is when we will Those two are opponents in most every understood the moment but he under- begin to understand that the best is yet way and in every sense of the word. stood his place in history. He embraced to come and we can be part of it. But, my goodness, they are not en- history. To Mark McGwire, to the fans of St. emies. They elevate each other’s per- America needs again to have a lesson Louis, to Sammy Sosa, who happened formance, and they bring out the best in embracing history, in respecting our to be there when it happened and who, in each other. What a tremendous past and understanding that it is only with such class, saluted Mark, I say thing. from the greatness of our past that we thanks for an inspiring game, which Of course, I was so happy to see this draw inspiration for surpassing events turns out to be a lesson teacher far big- happen in St. Louis, MO, a city whose in the future. ger than just a game. I am delighted to baseball heritage is—well, frankly, it is What a tremendous thing that pic- commend them and thank them for the just unparalleled; a city with baseball ture was of Mark McGwire with those greatness that they remind us should fans who understand the game, who huge arms around the Roger Maris be a part of all that America is and know what it means to take a pitch, to family. stands for. hit behind the runner, to make the sac- Then, perhaps as inspiring as any- I yield the floor. rifice. They know baseball. They know thing else, there was the fact that Mr. BOND addressed the Chair. character. They saluted Mark McGwire when he rounded the bases and was The PRESIDING OFFICER. The Sen- last night, and properly so. trading high fives, really before he got ator from Missouri. Mr. BOND. Madam President, the I was very thrilled to see the Mis- into the serious commendations of the Senator from North Dakota, Mr. souri fans be consistent in wanting to rest of his teammates, Mark picked up CONRAD, wants to be added as a cospon- share the achievement with Mark Matt, the future. He understood that, sor to this resolution and to note that McGwire, but not necessarily to take it yes, the past is important, and the Roger Maris, who was a great hero in from him, and the willingness of Mis- magic of the moment is to be cher- St. Louis, was a North Dakotan. We are souri fans over and over again to give ished, but there is also always the fu- very proud of the Maris family. We ex- the baseballs back—to make them part ture that is ahead of us. He picks up tend our very best wishes to Sammy of Mark’s heritage and history, to young Matt, and he elevates young Sosa, and we hope he gets into the six- make them part of the national treas- Matt to a position above his father. ties. ure. It is kind of an inspiration at a What a tremendous picture that is. If If there are other Senators asking to time when some would lead us to be- we as Americans would have an under- add their names to the resolution, I lieve that America is nothing but a standing of our youngsters that we would be happy to do that. place of greed. need to place them ahead of ourselves, May I add the Presiding Officer, the Too often, sports heroes themselves place their interests above our inter- Senator from Maine, Ms. COLLINS, the have participated in the idea that the ests, invest in the future, if we would, Senator from Utah, Senator BENNETT, memorabilia is so valuable that it is indeed, hold up our youngsters and ele- and I believe the Senator from Con- only to be sold. I think of these fans vate them to a place of understanding necticut, as cosponsors. who would sort of teach some of our and the opportunities for greatness, The PRESIDING OFFICER. Without sports heroes lessons that the memora- what a tremendous lesson that would objection, it is so ordered. bilia is so valuable that it is not to be be. Mr. LIEBERMAN. Madam President, sold but it is to be shared. I salute So I really have a degree of excite- I came to the floor to speak about cam- those in St. Louis who decided that ment that is difficult to contain about paign finance reform, and I will do that S10084 CONGRESSIONAL RECORD — SENATE September 9, 1998 in a moment, but I thank my colleague The preamble was agreed to. ship that they have given this critical from Missouri for adding me as a co- The resolution (S. Res. 273) with its effort, and to urge my colleagues to sponsor of the resolution. As is obvious preamble reads as follows: support the cloture motion that comes to my colleagues, I am neither from S. RES. 273 up tomorrow. Missouri nor California, so my claim to Whereas, since becoming a St. Louis Car- Madam President, we have a cher- being added is my status as a baseball dinal in 1997, Mark McGwire has helped to ished principle in this country that fan. And even though my colleagues bring the national pastime of baseball back every person gets one and only one may think I am reaching, the fact is to its original glory; vote, that a citizen’s influence on our that when Roger Maris set the record I Whereas, Mark McGwire has shown leader- government’s decisions rests on the was in college together with the junior ship, family values, dedication and a love of power of his or her ideas, not the size baseball as a team sport; Senator from Missouri. So it gives me of his or her pocketbook. The campaign Whereas, in April, Mark McGwire began finance system we have on the books some standing. the season with a home run in each of his I do want to identify myself with his first four games which tied Willie Mays’ 1971 protects this privilege. May I repeat, comments just to stress the obvious National League record; the campaign finance system we have personal achievement here that has in- Whereas, in May, Mark McGwire hit a 545- on our law books protects this prin- spired the country, and also the way in foot home run, the longest in Busch Stadium ciple. It imposes strict limits on the which Mark McGwire did it. It was an history; amounts individuals can contribute to act of fate, but somehow so correct, Whereas, in June, Mark McGwire tied parties and to campaigns. The law pro- that he tied the record at the 61st Reggie Jackson’s record of thirty-seven hibits unions and corporations from home runs before the All Star break; making most contributions or expendi- homer on the day of his father’s 61st Whereas, in August, Mark McGwire be- birthday, because baseball, in my expe- came the only player in the history of base- tures in connection with elections to rience in this country, is very much a ball to hit fifty home runs in three consecu- Federal office, and it requires disclo- matter of one generation passing on tive seasons; sure of money spent in advocating the the experience to another. Whereas, on September 5, Mark McGwire election or defeat of candidates for My own memories of baseball, first became the third player ever to hit sixty Federal office. memories, come from my dad taking home runs in a season; and That is what the campaign laws as me to games, and they are cherished Whereas, on September 8, 1998, Mark they are on the books today require. McGwire broke Roger Maris’ thirty-seven But as we learned sadly during the 1996 memories. I can tell my colleagues—I year old home run record of sixty-one by hit- hope I am not violating her privacy— ting number sixty-two off Steve Trachsel campaigns and the various investiga- when my youngest child was 4 days old, while playing the Chicago Cubs: Now, there- tions that have followed, those laws ap- in March, I held her up to a TV set and fore, be it pear to be written in invisible ink, said, ‘‘Sweetheart, this is baseball, and Resolved, That the Senate recognizes and which is to say that they have been you’re going to love it.’’ Fortunately, congratulates St. Louis Cardinal, Mark honored, if one can use the term satiri- for me, she has, and we have shared McGwire, for setting baseballs’ revered home cally, only in the breach. They have run record, with sixty-two, in his 144th game that experience. As Senator ASHCROFT largely been evaded. of the season. indicated, Mark McGwire beautifully It has been several months since the continued that with his son there as a Mr. BOND. I thank the Chair, and I Governmental Affairs Committee’s in- batboy. thank all of my colleagues for their vestigation into the 1996 campaigns The second is the obvious rapport be- courtesy in allowing me to proceed. ended, but none of us who were part of tween Mark McGwire and Sammy Mr. LIEBERMAN addressed the that investigation will forget, nor I Sosa, as they compete for this but do it Chair. hope will others forget, what we with extraordinary mutual respect. To The PRESIDING OFFICER. The Sen- learned there or our feeling of outrage make the point that is obvious but ator from Connecticut is recognized. and embarrassment upon learning it. maybe still worth making, here we Mr. LIEBERMAN. Madam President, We learned not only of hustlers like have one person whose family has been if I may continue the stretch to link Johnny Chung, who saw the White in this country a long time, from a the two subject matters, baseball and House like a subway—put some money family of relative success and comfort, campaign finance reform, may I say in and the gates will open, he said—or another a new American born in pov- that unlike the Brooklyn Dodgers of of opportunists like Roger Tamraz, erty in another country, coming here, old, those of us who support McCain- who used big dollar donations to gain joined together in this remarkable Feingold are not willing to wait until access that was originally denied to American game to I think this year next year, and since McGwire and Sosa him by policymakers at the same time break records that were previously are setting the standard for doing what he declined even to register to vote be- thought to be impossible. we thought was impossible, we hope cause he saw the vote which genera- And a final word about Roger Maris, they are an eye-opener for those who tions of Americans have fought and who did set the record in the younger think adopting campaign finance re- died to protect as a meaningless exer- days of both my life and Senator form is impossible for this Chamber cise, a process which would gain him ASHCROFT’s life. I felt that Mark this year. no real power, particularly not when McGwire probably brought the whole I make the comparison without compared to the power that $300,000 country to give more tribute to Roger wanting to set it too closely, but would give him. Maris than he ever had before, and we wouldn’t it be great when this is over if We also learned in the Governmental owed it to him. So I am proud to be we could refer to McCain-Feingold as Affairs hearings last year of something added as a cosponsor. the legislative equivalent of McGwire that was in its way even more disturb- Did the Senator from Missouri wish and Sosa? ing because it was more pervasive and to add anything before I proceed to the I will cease and desist and proceed had a far greater effect on our elections topic of campaign finance reform? with my remarks. and on our government. We learned Mr. BOND addressed the Chair. f that we no longer have a campaign finance system, that the loopholes have Mr. LIEBERMAN. If so, I yield the DEPARTMENT OF THE INTERIOR become so large and so many that they floor. AND RELATED AGENCIES APPRO- have taken over the entirety of the Mr. BOND. Madam President, I ask PRIATIONS ACT, 1999 unanimous consent that the resolution law, leaving us with little more than a be agreed to, the preamble be agreed The Senate continued with the con- free-for-all money chase in its place. to, the motion to reconsider be laid sideration of the bill. We learned last year that it was some- upon the table, and that any state- AMENDMENT NO. 3554 how possible, for example, for wealthy ments relating to the resolution be Mr. LIEBERMAN. I rise to speak on donors to give hundreds of thousands of printed in the RECORD. behalf of McCain-Feingold, the amend- dollars to finance campaigns, even The PRESIDING OFFICER. Without ment offered, to thank my two col- though the law was clearly intended to objection, it is so ordered. leagues for the extraordinary, prin- limit their contributions to a tiny frac- The resolution was agreed to. cipled, persistent, and practical leader- tion of those sums. That is what the September 9, 1998 CONGRESSIONAL RECORD — SENATE S10085 law on the books says. It was possible while ago that probably the biggest their incomes to influence their Gov- for corporations and unions to donate scandal in Washington today is the ernment; where only individuals, not millions of dollars to the parties at the current state of our campaign finance corporations and unions, may use their candidate’s request despite the dec- laws. How can any of us justify a sys- money to directly influence our elec- ades-old prohibition on those entities’ tem in which our elected officials re- tions, and where we all know, through involvement in Federal campaigns. peatedly appear at events exclusively disclosure, who it is that is contribut- That is clearly on the law books. It was available only to those who can give ing and the public may judge to what possible for the two Presidential nomi- $50,000 or $100,000 or more, amounts extent those contributions are influ- nees to spend much of the fall shaking that are obviously out of reach for the encing our actions and our votes. the donor trees, even though they had average American and above the an- Madam President, I hope that our pledged under the law, in this case the nual incomes, in fact, of so many of our colleagues will do what most observers Presidential campaign finance law, not citizens—the annual incomes of so seem to think we will not, which is to to raise money for their campaigns many of our citizens. How can any of vote for cloture tomorrow to take up after receiving $62 million each in tax- us justify a system in which we, public this bill and to clear this cloud from payer funds. It was possible for tax-ex- servants, must divert so much of our over our political system. empt groups to run millions of dollars time from the people’s business to the I yield the floor. worth of television ads that clearly en- business of fundraising? How can we Mr. BENNETT addressed the Chair. dorsed or attacked particular can- justify a system that has so dis- The PRESIDING OFFICER. The Sen- didates, even though they were just as enchanted our constituents that, ac- ator from Utah is recognized. clearly barred by law from engaging in cording to an October 1997 Gallup sur- Mr. BENNETT. Madam President, we such partisan activity. vey, only 37 percent of Americans behave heard a good deal in this debate Madam President, the disappearance, lieve that the best candidate wins elec- about people buying access to politicians. Indeed, there has been a tremen- if I may call it that, of our campaign tions; 59 percent believe elections are dous amount of time and printer’s ink finance laws, which is to say the eva- generally for sale; in which 77 percent and television signals spent on debat- sion of the clear intent of those laws, of Americans believe that their na- ing how you buy access to a politician. has serious consequences that none of tional leaders are most influenced by I want to turn this debate around, for us should overlook. Because our cur- pressure from their contributors, while the sake of looking at it from a dif- rent system effectively has no limits only 17 percent believe we are influ- ferent point of view. It may take me on it, our political class, if you will, enced by what is in the best interests some time to do this because there has lives in a world in which a never-end- of our country? That is a searing in- been so much expenditure in one direc- ing pursuit for money is often the only dictment of what we are devoting our tion, but I think the core of this issue road—the only perceived road to sur- lives to—public service, the national vival. With each election cycle the requires us to look in another direc- interest; and it comes, I believe, di- competition for money gets fiercer and tion, and that is not access to the poli- rectly from the way in which we raise fiercer, the amounts needed to be spent tician, but access to the voters. money for our campaigns, certainly at get bigger and bigger, and con- Let me develop this for just a the Presidential and national level. sequently the amount of time Presi- minute. We live in a democracy. Ulti- How can any of us justify not taking dential candidates, national party lead- mate power in a democracy lies with action, some action, to reform our ers, fundraisers—all of us need to raise the voters. Madam President, when you campaign finance system this year, in for our parties gets greater and great- and I wished to become an elected offi- this 105th session, after all of the time er. cial, in order to get here we have to In the 1996 election cycle the na- and energy and resources Members of have access to the voters, and this tional parties raised $262 million in so- both sides of the aisle have spent inves- whole political process is about that called soft or unregulated money, 12 tigating, in effect denouncing, the con- challenge—how does the Presiding Offi- times what they raised in 1984. And ditions that prevail under the current cer gain access to the voters of Maine what about the current cycle, the 1997– system? The fact is, I respectfully sug- in order to get her message across? 1998 cycle? National party committees gest, that we cannot justify such a sys- How do I get access to the voters of in the first 18 months of the 1998 elec- tem and we cannot justify inaction. Utah in order to convince them that I tion cycle have raised almost $116 mil- In the additional views that I was am a better person than others who are lion in soft money, more than double privileged to submit to the Govern- seeking this opportunity? That is the the $50 million raised during a comment Affairs Committee report on its focus that has never come into this de- parable period by national party com- investigation of the 1996 campaigns, I bate. It is always assumed that the mittees in 1994, which was the last non- wrote that I came away from that politicians are the constant and the Presidential election cycle. year-long investigation with an over- voters somehow are the variable. It is, Let none of us deceive ourselves that arching sense that our polity has fallen in fact, the other way around. The vot- this unrelenting and ever-escalating down a long, dark hole into a place ers will always be with us in a democ- money chase has no impact on the in- that is far from the vision of values of racy. It is the politicians who come and tegrity of our Government and the im- those who founded our democracy. I go and who are variable, and the ques- pression our constituents have of our find it hard to see how others can come tion of how a politician becomes an of- Government and those of us who serve away from that experience, or any ficeholder depends entirely on how ef- in it. That clearly is the sad story, told other experience which allows them to fectively the politician can get his or by the Governmental Affairs investiga- examine what has become of our cam- her message across to the voters so the tion last year, and by the host of other paign finance laws, without reaching a voters can then make a choice. investigations, journalistic and other- similar conclusion. We no longer live What I am about to say for the next wise, that have been done of that 1996 in a system in which every citizen’s half hour to 45 minutes, will be focused election. Our country is focused at this vote counts equally, or anywhere near in a whole new direction than the di- moment in our history on the mis- equally. Instead, we live in a system in rection that we have been having in conduct which our President acknowl- which what seems to matter most is this debate. edged in his statement on August 17. how much money we can raise. I begin, Madam President, by going The consequences of that misconduct It is time to act to restore a sense of back to a historical review of the whole were great, but that was the failure of integrity to our campaign finance sys- issue of money in politics. For this, I one person. The failure that we speak tem, to restore the public’s trust in it am dependent on a number of sources. of today, on the other hand, if we do and us. This is not a radical idea. All One is the Wilson Quarterly published not act to correct it, belongs to us all. we are really asking is to restore our in the summer of 1997, with the cover It is systemic, and none of us should system to what it was meant to be, to article being entitled ‘‘Money In Poli- doubt that it will get worse unless we what in fact the letter of Federal law is tics, The Oldest Connection.’’ This do something to change it. today: a system where individuals can gives us a historic point of view that Senator MCCAIN was right, the Sen- participate in our political system, but will start us off in this direction that I ator from Arizona, when he said a they are limited in their ability to use think we ought to explore. S10086 CONGRESSIONAL RECORD — SENATE September 9, 1998 In this particular article, it points ator from New York has to reach mil- the Senate seat, we had an open seat in out that in the beginning of our Repub- lions, tens of millions, the Senator Salt Lake City, the media center of the lic, a politician had access to the vot- from California even more millions State. So even though it was not a ers because he knew them all. They all than that, in campaigns this fall. And statewide office, it nonetheless called lived in his neighborhood. George the more democratic and more inclu- for purchase of statewide media. Washington was personally known to sive those campaigns are, the more We had the largest spending amount the people who voted to put him in Vir- they will cost. of money in the history of the State as ginia’s House of Burgesses. Thomas Cost to do what? To gain access to we went through that primary. Jefferson was personally known to the the voters; to get your message across In the Senate primary alone—there people who he would turn to for politi- to the voters. The cost is directly con- were only two candidates, I say, be- cal support. He had no problem gaining nected with how democratic, how in- cause under Utah’s law a convention access to the voters. clusive, and in the case of the larger eliminates all but two—we had the I find it interesting, out of this Wil- States, how big the electorate is going highest expenditures in the State’s his- son Quarterly article, that even then, to be. tory. My opponent spent $6.2 million in however, the subject of money did We come into the present century, the primary in the State of Utah, set- come up. If I can quote from the arti- and we find things are getting worse in ting an all-time record for money spent cle: terms of the high cost of reaching the per vote. I struggled by with second George Washington spent about 25 pounds voters. One of the things, paradox- place in spending with $2 million, apiece on two elections for the House of Bur- ically, that has driven the cost of cam- which would have beaten the previous gesses, 39 pounds on another, and nearly 50 paigns through the roof has been the high if it had not been for the amount pounds on a fourth, which was many times cause of campaign finance reform. The of money my opponent was spending. the going price for a house or a plot of land. reforms themselves have added to the So that is over $8 million spent on a Interestingly, many times the price burden of cost on a candidate who is Senate primary in the State of Utah of a house for a seat in the State legis- seeking to have access to the voters. that has fewer than 1 million voters. lature. Oh, what fun we could have Again from the article: At the same time, we had a heated with the rhetoric about that in this Some reforms, such as the push for nomi- race for Governor with primaries in Chamber when we are saying that a nation of presidential and other candidates both parties. Fortunately, the guber- seat in the House was up for sale. by primaries, made campaigning even more natorial candidates did not spend in expensive. Ultimately, the reformers’ dec- Quoting from the article again: ades-long efforts to improve the American the millions that the senatorial can- Washington’s electioneering expenses in- political system did at least as much harm didates did, but they spent a lot of cluded the usual rum punch, cookies and gin- as good. They weakened the role of parties, money for a primary. And we had ger cakes, money for the poll watcher who lessened faith in popular politics, and has- spending in the House race in the Sec- recorded the votes, even one election-eve tened the decline of voter participation. ond Congressional District. ball complete with fiddler. I find that very interesting. A histor- If we believe what we were told on An interesting footnote about that ical analysis of America’s politics writ- the Senate floor this morning, that appears in the article later relating to ten in an outstanding academic journal should translate into the lowest voter one of Washington’s fellow State mem- says that it has been the reformers’ ef- turnout in history, people turned off by bers, James Madison. Quoting again forts that have ‘‘weakened the role of the money chase. But in fact it pro- from the article: parties, lessened faith in popular poli- duced, as I said, the largest voter turn- James Madison considered ‘‘the corrupting tics and hastened the decline of voter out in the history of the State. influence of spiritous liquors and other participation.’’ We heard on this floor Mr. MCCONNELL. Will the Senator treats . . . inconsistent with the purity of this morning the statement that voter yield for a question? moral and republican principles.’’ But Vir- participation is going down, and the Mr. BENNETT. I am happy to yield ginians, the future president discovered, did reason is because we do not have cam- to my friend from Kentucky. not want ‘‘a more chaste mode of conducting paign finance reform; indeed, that the Mr. MCCONNELL. Following the as- elections.’’ Putting him down as prideful and tute observations of the Senator from cheap, the voters rejected his candidacy for more money we put into politics, the the Virginia House of Delegates in 1777. less people vote and the lower the level the State of Utah, in fact that is where Leaders were supposed to be generous gentle- of participation and that there is a di- the correlation is, is it not? Year after men. rect correlation between the money year after year, we see that there is a Madison decided to enforce his own chase and the voters being turned off. direct correlation between spending form of campaign finance reform, re- We were told that in the State of Ari- and turnout, a fact that makes good fused to treat the voters in Virginia, zona, they just had a primary that set sense. If there is a contested election, and they responded by refusing to send an all-time low for voter participation with two well-financed candidates, the him to Virginia’s House of Delegates. in this era when we have an all-time turnout goes up. If very little money is As the country grew, obviously the high in spending. spent, very little interest is generated circumstances changed. We got to the Madam President, I offer the case of and turnout goes down. point where no longer could a can- my own State and what happens with So I ask my friend from Utah if the didate announce for office and assume respect to voter participation and Utah experience that he related to us is he would be known to all the voters. money. If I can go back in my own po- not almost always the case? Even if he bought some rum punch or litical career, the one career I know Mr. BENNETT. It is my understand- ginger cakes, he still could not sway better than any other, I can tell the ing that it is, Madam President. And I voters’ opinion and, as the article says, Members of the Senate that the high- would like to underscore that point by quoting again: est voter participation in history in a going to the primary in 1998. In 1998, there were no Senate candidates on the Leadership was no longer just a matter of primary in the State of Utah occurred gentlemen persuading one another; now, in 1992 when I was running for the Sen- primary ballot from either party, I politicians had to sway the crowd. ate. having eliminated my challenger with- We had an open seat for the Senate, in the party within the convention, and As the article goes on to point out: and originally five candidates on the my Democratic opponent having had In fact, the more democratic, the more in- Republican side and two on the Demo- no challenger in his convention. We did clusive the campaign, the more it cost. cratic side. We had an open seat for not have a gubernatorial race. There In that one sentence, we have a sum- Governor, and originally there were was no challenge in the Second Con- mary of the challenge of a politician five candidates for Governor on the Re- gressional District, which is in the gaining access to the voters. I will republican side, and I believe three on large media market. peat it: the Democratic side, plus an independ- But there was a primary in the Third . . . the more democratic, the more inclu- ent thrown in who ran on a third party Congressional District, where the in- sive the campaign, the more it cost. ticket. cumbent Congressman was challenged Stop and think of the challenge By virtue of the Congressman in the by a gentleman who made it very clear today in that context where the Sen- Second District in Utah challenging for that he not only would not accept PAC September 9, 1998 CONGRESSIONAL RECORD — SENATE S10087 money, he would not accept party con- you talk as loud as you can, and you ‘‘Parties are evil.’’ It was the reform tributions, he would not accept individ- hope somebody stops and listens to movement that diminished the power ual contributions. He said, ‘‘I will take you. of parties, so that it did not make my message directly to the people On a good evening in the summer- enough difference for an individual to without accepting any money’’—as he time, when the weather is fine, you win his party’s nomination, he had to put it, in biblical terms—‘‘gold and sil- could almost always draw a crowd. I have his own organization, his own ver, from anyone.’’ And the result of would go down to the city square in campaign consultants, and his own ad- that primary was the lowest turnout Edinburgh, and the Salvation Army buys. that anyone can recall. would be on that corner, and the Again, if I can give a personal anec- His opponent did not spend any Church of Scotland would be on that dote to demonstrate this, my first ex- money. I talked to his opponent, the corner, and the Scottish nationalists perience with politics was in 1950 when incumbent Congressman. I said, would be over here, and I and my com- my father ran for the U.S. Senate. Who ‘‘Aren’t you going to spend anything?’’ panions would be here. managed his campaign that first year? He said, ‘‘I’m nervous it will look like The square would be filled with peo- It was the Republican State Party overkill if I do.’’ He did spend a little ple, and you would compete with each chairman who showed up when dad won money on a get-out-the-vote campaign, other to see who could draw the biggest the nomination and said, ‘‘OK, we have but he did not buy any ads. There were crowd and then who could hold the a party organization in place and we no television broadsides and no radio crowd as the other orators were speak- are going to run your campaign.’’ When ads. Most of the people in the district, ing on their issues—the Scottish na- my father ran for his last term in the by virtue of the lower spending, did not tionalists demanding that Scotland U.S. Senate in 1968, I am not sure I re- know an election was going on, and separate itself from the British tyr- member who the Republican State you had the lowest turnout in Utah anny, the Salvation Army putting chairman was, because by that time we history in that district. forth—they were unfair in my book be- had created our own organization—Vol- So I submit, Madam President, that cause they had a band. We did not have unteers for Bennett, Neighbors for Ben- at least on the basis of the anecdote a band, we just had our own voices to nett, our own door-to-door system of with which I am the most familiar, the carry it on. It was a great British tra- handing out information. We had our more participation that you want, the dition and still, presumably, goes on in own advertising budget and our own more money you had better be pre- some parts of Hyde Park in London, advertising program. We had to take it pared to spend. And if you are in fact but I think only rarely now. all over ourselves if we were going to decrying the low level of turnout and What happened to dry up the crowds get access to the voters in a meaning- the low level of participation and you that would show up and listen to the ful way. And all of that costs money. It want to do something about that, then orators on politics and religion and ev- was the cost of the politicians gaining you defeat this amendment, because erything else? Television. As soon they access to the voters that was going up this amendment would take us down could stay home and watch television, and that was what was driving the the road to further lowering the ability they were not interested in coming fundraising challenge. of candidates to access the voters and down to the city square in Edinburgh Then we got to what is considered thereby let the voters know that an to listen to a tall bald kid from Amer- the great watershed in American cam- election is going on. ica. However entertaining that may paign finance problems, Watergate. If I may go back to the historic pat- have been in an earlier time, all of a The article addresses that, as well. If I tern that I was outlining as to what sudden there was competition. Politi- might quote once again: has happened in this century, I would cians used to be at that square. Politi- Yet for all the pious hopes, the goal of the refer once again, Madam President, to cians have discovered, in the words of Watergate era reforms—to remove the influ- the quote that I gave from the article the article, that they have to ‘‘struggle ence of money from presidential elections— to be heard above the din from compet- was hard and inescapable fact, ridiculous. in the Wilson Quarterly that ‘‘the re- Very few areas of American life are insulated formers’ * * * efforts to improve the ing forms of entertainment.’’ And how are they heard? They buy an from the power of money. Politics, which is, American political system did at least after all, about power, had limited potential ad. They go on television themselves. as much harm as good * * * and has- to be turned into a platonic refuge from the tened the decline of voter participa- They go on radio themselves. How are influence of mammon. The new Puritanism tion.’’ they going to get access to the voters? of the post-Watergate era often backfired The article goes on to say: They are going to have to compete in . . . Tinkering with the political system in the same places where the voters are. many cases just made it worse. Twentieth-century politicking would prove to be far more expensive than 19th-century It makes you feel wonderful to stand I can offer anecdotes about that, as .. . politics . . . And as the century went on, on a street corner and give an abso- well. Let me give one. We heard in the politicians increasingly had to struggle to be lutely brilliant speech, if there is any- hearings to which the Senator from heard above the din from competing forms of body listening. Connecticut referred in the Thompson entertainment . . . But I can tell you from real experi- committee with respect to campaign fi- That is a very interesting way of put- ence, it makes you feel quite foolish to nance reform, we heard there about a ting it, Madam President. Politicians stand on a street corner and give an ab- campaign that many can argue had to compete with the din of compet- solutely brilliant speech to a group of changed the course of American his- ing forms of entertainment. If you read pigeons that keep flying in and out. If tory. It was the McCarthy campaign in the history books, there was a time you are going to get access to the vot- New Hampshire in 1968. Eugene McCar- when politics was the leading form of ers, you have to go where the voters thy, a distinguished member of this entertainment in this country. If you are, and the voters are by their radio body, decided against all political wis- were going to have a rally, a bonfire, sets and in front of their television dom that he was going to challenge an something to do, you went out and got sets, and that is where you have to be, incumbent President within his own involved in politics. As other forms of however much you might not like it. party over an issue he considered to be communication and entertainment Back to the article: a moral issue, the Vietnam war. Con- came along, it became increasingly dif- By letting politicians appeal directly and ventional wisdom said a sitting Sen- ficult. ‘‘personally’’ to masses of voters, television ator does not do that to an incumbent I have a personal experience I can made money, not manpower, the key to po- President. The sitting Senator does not litical success. Campaigns became ‘‘profes- share on this which is perhaps not po- sionalized,’’ with ‘‘consultants’’ and elabo- take on an incumbent President of his litical but which makes the point. I rate ‘‘ad-buys,’’ and that added to the cost. own party. But Eugene McCarthy did. served as a missionary for the church So did the fact that as party loyalties dimin- He went to New Hampshire. He did not to which I belong in the early 1950s. ished, candidates had to build their own indi- win, but he came close enough to scare And I served in the British Isles, where vidual organizations and ‘‘images.’’ Lyndon Johnson and his advisers so one of the great traditions of the Brit- I go back to the question of, Why did badly that within a relatively short pe- ish Isles is what is known as a street the party loyalties diminish? Because riod of time after the McCarthy chal- meeting. You stand on a street corner, the reformers showed up and said, lenge, Lyndon Johnson announced that S10088 CONGRESSIONAL RECORD — SENATE September 9, 1998 he would not run for reelection as do it, and I simply cannot eat that that is, and how dearly we pay for it. I President of the United States. much chicken.’’ have remained silent on my own expe- Now, we heard in the Thompson com- Mr. MCCONNELL. Will the Senator rience with the Federal Election Com- mittee this bit about the McCarthy yield? mission, but I suppose the time has campaign. He went to five individuals, Mr. BENNETT. I am happy to yield come now for me to confess my sins. individuals of wealth, and said, ‘‘I want to the Senator. My campaign in 1992, staffed primarily to challenge Lyndon Johnson on the Mr. MCCONNELL. The Senator’s by volunteers, failed to fill out some basis of principle; will you support point, I gather, is that the last reform forms properly—indeed, they failed to me?’’ And each one of those five said of the mid-1970s has, in fact, secured fill some of them out on the proper yes. Each one gave him $100,000. So he the Presidential system to favor either timeframe. They filled them out prop- went to New Hampshire with a war the well-off, for example, Steve Forbes; erly, they just didn’t submit them in chest of half a million dollars—which or the well-known with a nationwide the proper timeframe. And for that, at the time was sufficient for him to organization, for example, Bob Dole, to after spending about $50,000 in legal gain access to the voters. the detriment of every other dark fees to convince the Federal Election Again, the theme that I am trying to horse who might have a regional base Commission that I was not some kind lay down here, the whole issue is not or some dramatic issue that they cared of an ax murderer, we finally achieved access to the politician; the issue is ac- about, like Eugene McCarthy. an out-of-court settlement that cost cess to the voters. Eugene McCarthy In fact, is the Senator’s point that me another $55,000. could not have had access to the voters regional candidates or candidates with In the negotiations between my cam- without that $500,000. We would, per- a cause are now out of luck as a result paign and the Federal Election Com- haps, not have had history changed the of the last reform? mission, my attorney made it very way it was as a result of the McCarthy (Mr. GORTON assumed the chair.) clear. He said, ‘‘You will settle at the campaign if those five men had not put Mr. BENNETT. The Senator is en- amount they know is below what it up $100,000 apiece. tirely correct. That is my point. If, in- would cost you to litigate this issue.’’ Now, someone connected with the deed, we want to increase the amount It has nothing to do with what con- McCarthy campaign testified before of public confidence in the system and stitutes an illegitimate penalty; it has our committee and he gave this very candidate participation in the system, to do with how much they know they interesting comment. He said those we should remove the restrictions that can get from you because you would who signed the Declaration of Inde- now make it virtually impossible for rather spend money to have this thing pendence were so concerned about their anybody other than the well-known or over than you would spend it for legal Government that they were willing to the well-funded. fees. As I say, I spent about $50,000 in I used Jack Kemp as an example. The pledge, in the words of that declara- legal fees. The settlement figure was Senator from Kentucky has mentioned tion, ‘‘their lives, their fortunes and $55,000. It is clear that it would have Steve Forbes. It is widely assumed—I their sacred honor.’’ Then he said, in gotten to more than $55,000 if I had to have not discussed it with him di- today’s world it would say, ‘‘your lives, go to litigation, and so financially I rectly, but I think it is probably accu- your fortunes and your sacred honor, made the decision to settle. That is an- rate—that Steve Forbes would have just as long as it does not exceed $1,000 other one of the fruits of reforms. per cycle.’’ backed Jack Kemp in the last election In the words of the article, ‘‘Crim- Now, I think the McCarthy campaign if Kemp had been able to run. It is inalization of politics, combined with and the result of that demonstrates widely assumed —and I think it is cor- media scandal-mongering, did not pu- how the reforms of the Watergate era rect—that if Jack Kemp, pre-Watergate rify politics, but only further under- have backfired, how they have made it reforms, had gone to Steve Forbes and mined faith in politicians and govern- impossible for many people who would said, ‘‘Steve, give me $1 million,’’ ment.’’ otherwise have a message worth hear- Steve Forbes would have done it. But All right. I started this by saying the ing, to gain access to the voters. because he can’t do it under the Water- focus of this is on access to the voters. Let me give an example out of the gate reforms, Steve Forbes ends up get- All of the debate we have had has been last campaign. One of the more ener- ting in the race himself because the on how we must somehow deal with ac- getic of America’s politicians is a only way he can make his money avail- cess to the politicians. Let’s talk about former Member of the House, former able to his causes is to spend it on him- access to the politicians for just a member of the Cabinet named Jack self. minute before we come back to the Kemp. He brings to politics the same The reforms we have make it impos- main theme. We are told again and enthusiasm that he used to display on sible for him to spend it supporting again that the only reason people give the football field. Sometimes he has anybody else, unless, of course, he does any money, the only reason people the same suicidal motives that he it in the terrible, dreaded form of soft make any contribution is because they seemed to have on the football field, money. And I will talk about that in a want access. I will again refer to the but he plays the game with that kind minute. But right now I want to focus article, but I will have other references of zest. Jack Kemp dearly wanted to again on the historic fact that, in the out of a more current publication: run for President in 1996. He had run name of campaign finance reform, we Wealthy people who purchase status with once before and he still had it in his have restricted rather than expanded payoffs to museums are admirable philan- blood and he was ready to go. I talked the opportunities of politicians to get thropists. When they plunge into public serv- to Jack Kemp and said, ‘‘Are you going their message across. We have made it ice, they risk being called ‘‘fat cats’’ who to do it?’’ And he said, ‘‘No.’’ I said, more difficult for a politician to gain want something more in return for their gen- ‘‘Why not?’’ He said, ‘‘I can’t bring my- access to the voters than it used to be erosity than advancement of their notion of before we had all of these reforms. the public good and something more sinister self to go through the agony of raising than status by association. Donors are ‘‘an- the money.’’ Back to the article for just a moment. A summary of this point, and gels’’ if they champion the right candidate This is not cowardice on his part. If or the right cause, but ‘‘devils’’ if they bank- there is anything Jack Kemp is not, it one other aspect of it: roll an opponent. is a coward. This is not lack of enthu- In an age of growing moral relativism, re- In this week’s issue of Fortune Maga- formers raised standards in the political siasm on Jack Kemp’s part. It was a zine, Mr. President, there is an article recognition of the fact that the so- realm to new and often unrealistic legal heights. Failure to fill out forms properly be- on money and politics that brings up to called reforms out of Watergate meant came illegal. This growing criminalization of date that observation from the article that he could not do what Eugene politics, combined with the media scandal- I have been quoting. It talks about McCarthy did. He could not go to five mongering, did not purify politics, but only fundraisers for campaigns and makes individuals and say, ‘‘Give me $100,000 a further undermined faith in politicians and this point in concert with the point piece to get me started.’’ He had to do government. that was just made: it $1,000 at a time. He said to me, ‘‘BOB, We are all familiar with that, Mr. Conspiracy theorists will be disappointed I would have to hold 200 fundraisers be- President. Failure to fill out forms to learn that the majority of money raisers tween now and the end of the year to properly—oh boy, what a terrible sin don’t seek quid pro quos. Most have made September 9, 1998 CONGRESSIONAL RECORD — SENATE S10089 their fortunes and dabble in politics because article, he doesn’t believe that the Congress; that is, to lobby, to involve they are partisans and get a kick out of it. groups to which he gives money are themselves in political campaigns, and That has been my experience. The special interest groups; it is the groups to try to influence, in the best sense of people who give really big money— he opposed that are the special interest the word, the Government? And in to- Rich DeVos of Amway, for example, for groups. day’s America where the Government the Republicans, and a gentleman I be- The article says: takes $1.7 trillion a year out of the lieve named DeMont, who gave over $2 Hiatt then having gotten religion, has economy, I ask my friend from Utah, is million to George McGovern and the changed tactics. Rather than relying on the it not an enduring and important prin- Democrats, were not expecting an am- Democrats to press his agenda, he is now giv- ciple that the citizens should be able to bassadorship and not expecting to be ing heavily to organizations like the Wash- have some influence on the political appointed to the Cabinet. They made ington based public campaign which lobbied process and the government that may for publicly financed elections. Since the their fortunes; they are partisans and affect their lives? they get a kick out of it. business interests that Hiatt so dislikes tend to have more money than the green groups Mr. BENNETT. Mr. President, the What they really crave is status and minor he backs, Hiatt believes taxpayer funded Senator from Kentucky is now getting celebrity in the Nation’s Capitol. The elections would curtail the clout of the bad into grounds that I love but that some nastiest battles between fundraisers are guys. Both the House and Senate would be others have sometimes scorned in this often over who gets to sit next to the Presi- controlled by the voters and less by special dent or Presidential ‘‘wannabes.’’ It may debate; that is, the basis of the free interests, Hiatt insists. But what he means is seem absurd to the uninitiated, but among speech position of the Constitution of that Congress would be controlled by the fundraisers, top pols are the rock stars of the the United States. people he agrees with. beltway. In some ways, the real scandal of If I may respond to the Senator from the White House coffees and overnights that Once again, Mr. President, the issue Kentucky by quoting from James got President Clinton in such pre-Monica is access to the voters. Mr. Hiatt Madison and the Federalist Papers that trouble is that many sophisticated people thought he could help get his agenda if support exactly what he said, they were willing to raise or give so much to be he gave money to the Democrats. It didn’t use the term ‘‘special interest’’ little more than Washington groupies. didn’t work. So he is seeking access to back in Madison’s century. The term of Buying access? It is not automati- the voters through special interest art then was ‘‘faction.’’ cally the motive on the part of those groups. He has decided that the parties This is what James Madison had to who give. They give because they be- are not able to help him advance his say: lieve that this is good for the country. agenda, and he is going to fund other By a faction I understand a number of citi- They believe in the cause. In this same groups to help advance his agenda. He zens, whether amounting to a majority or article in Fortune, there is a specific has every right to do that. I applaud minority of the whole, who are united and example of one of these gentlemen—Ar- his willingness to get engaged and in- actuated by some common impulse of pas- nold Hiatt. He is highlighted in the ar- volved in American politics. But, if we sion or of interest, adverse to the rights of ticle. Mr. Hiatt believes in many things pass the amendment that is before us, other citizens. in which I do not believe. He is of the he will be curtailed, and the groups to That sounds like the definition of a opposite political persuasion than I, which he contributes will be curtailed special interest group to me. and the article reports that: in their effort to gain access to the vot- Madison goes on to say: In 1996, Arnold S. Hiatt, 71, was the second- ers. There are . . . two methods of removing largest individual contributor to the Demo- Mr. MCCONNELL. Mr. President, will the causes of faction: The one, by destroying cratic Party. His $500,000 gift was second the Senator yield for a question? the liberty which is essential to its exist- only to the $600,000 given by Loral’s Bernard Mr. BENNETT. Yes. Certainly. ence; the other, by giving to every citizen Schwartz, who is now better known for his the same opinions, the same passions, and Mr. MCCONNELL. Mr. President, Chinese missile connections. the same interests. over the last decade, the Senator from According to the article, Mr. Hiatt It could never be more truly said than of Kentucky asked numerous witnesses at has decided not to give any more the first remedy that it was worse than the hearings on campaign finance to define money to the Democrats. He gave disease. Liberty is to faction what air is to what a special interest is. I say to my fire. $500,000 a month before the November friend from Utah that I have not yet 1996 election, specifically to help un- Certainly we do not want to elimi- gotten a good answer. So I have con- seat 23 vulnerable House Republicans nate air that we cannot breathe in the cluded—and I ask the Senator from and return the House to Democratic name of stopping a fire that might Utah if he thinks this is a good defini- control. Quoting the article: occur, and we do not want to eliminate tion of a special interest—I say to my liberty. It was the failure of his money to produce good friend from Utah that I have con- that result—not just a fit of conscience— So Madison makes that point. that spawned Hiatt’s change of heart. Asked cluded that a special interest is a group Referring to the second, giving every- why he decided to stop contributing to poli- that is against what I am trying to do. one the same opinions, passions, and ticians so soon after giving so much, he ad- Does the Senator from Utah think that interests, Madison says: mits that it was because his Democrats probably is as good a definition of spe- The second expedient is as impracticable didn’t win. cial interest as he has heard? as the first would be unwise. As long as the He gave the money for what he be- Mr. BENNETT. Mr. President, I say reason of man continues fallible, and he is at lieves is a public-spirited reason, and to the Senator from Kentucky that is liberty to exercise it, different opinions will he stopped giving to the parties be- what I have heard referred to as a good be formed. cause he didn’t get the result that he working definition. Absolutely the Founding Fathers cre- wanted. Being a good businessman—he I might add to that a comment that ated the Constitution for the sole pur- is the former CEO of Stride Rite, the came out of the Thompson committee pose of protecting the rights of every company that makes Keds—he discov- hearings from my friend from Georgia, one to have his own special interest, ered he wasn’t getting a return on his Senator CLELAND, when he talked belong to his own faction, and hold his investment—not a return in corrup- about tainted money and the definition own opinion. An attempt on the part of tion, not a return in access—I am sure of tainted money in Georgia. He said, the Senate of the United States to de- he still has access to all the Democrats ‘‘Taint enough; taint mine.’’ stroy that right is clearly going to be he wants—but a return on his ideologi- Yes. Every man’s special interest is held unconstitutional as it has been cal investment. He wanted the Demo- the other man’s noble cause. again and again, as my friend from crats to control the House. He gave Mr. MCCONNELL. Mr. President, in Kentucky has pointed out so often on money to the Democratic National fact, I ask the Senator from Utah, was the floor. Committee. The Democrats didn’t con- it not envisioned by the framers of our Mr. MCCONNELL. Mr. President, I trol the House so he decided to do Constitution and the founders of this ask my friend further is it not the case something else. country that America would, in fact, that the underlying amendment which What is he going to do? He is going to be a seething caldron of interest we have been debating seeks to make it give his money directly to special in- groups, all of which would enjoy the impossible for groups of citizens to terest groups. Now, according to the first amendment right to petition the criticize the politician by name within S10090 CONGRESSIONAL RECORD — SENATE September 9, 1998 60 days of the election? Is that the un- things better if I gave it directly to the CONSUMER BANKRUPTCY PROTEC- derstanding of the Senator from Utah? political party, I want to go back to TION ACT—MOTION TO PROCEED Mr. BENNETT. Mr. President, it is what I was doing before,’’ he would be The PRESIDING OFFICER. Under my understanding that is the way the prohibited from doing that on the the previous order, the hour of 4:30 p.m. bill is written. I think James Madison grounds that this is soft money, and he having arrived, the Senate will now would be turning over in his grave, al- is forced by the law to give his money begin 30 minutes of debate on the mo- though I think he would take comfort to a special interest group rather than tion to proceed to S. 1301, which the from the fact that the institution he to a political party or to a political clerk will report. helped create—the Supreme Court— candidate. Mr. BENNETT. Mr. President, I ask would clearly strike it down. This puts us in the position of para- unanimous consent that I be allowed to Mr. MCCONNELL. I say to my friend, doxically strengthening the hands of finish my thought. so if you have the situation that on special interest groups at the expense The PRESIDING OFFICER. Without September 3rd of a given year a group of political parties and political can- objection, it is so ordered. of citizens could go out without reg- didates. This puts us in the position of Mr. FEINGOLD. Mr. President, re- istering with the Federal Election saying that eventually political dis- serving the right to object, I ask that I Commission, without subjecting them- course in this country will go the way be given the opportunity to respond selves to that arm of the Federal Gov- that it is going in California. I lived in briefly to the Senator’s remarks. ernment, and criticize a politician by California for long enough to know The PRESIDING OFFICER. Is there name, but then on September 4th, I ask that the California pattern of putting objection? my friend from Utah, that would be- issues directly on the ballot with no Mr. BENNETT. I withdraw my re- come illegal. Is that correct? spending limitation whatsoever quest and suggest the absence of a Mr. BENNETT. It is my understand- eclipses elections for candidates. The quorum. ing that the bill would make that ille- amount of spending that went on in the Mr. FEINGOLD addressed the Chair. gal and improper. last California election on the various The PRESIDING OFFICER. The Mr. FEINGOLD. Mr. President, will referenda vastly outstripped and clerk will call the roll. The legislative clerk proceeded to the Senator from Utah yield for a ques- eclipsed the amount that any can- call the roll. tion? didate was able to spend. And if we get Mr. BENNETT. Yes. Mr. FEINGOLD. Mr. President, I ask to the point where political candidates unanimous consent that the order for Mr. FEINGOLD. Does the Senator re- are squeezed out of access to the voters alize that under the Snowe-Jeffords the quorum call be rescinded. by groups funded by people like Mr. Mr. BENNETT. I object. amendment, which is included in the Hiatt who have unlimited amounts to version of McCain-Feingold that is be- The PRESIDING OFFICER. Objec- spend, we are going to be in great dif- tion is heard. fore the Senate, at this time there is ficulty. no restriction on individuals such as The legislative clerk continued the Mr. Hiatt? Are you aware that was the Mr. FEINGOLD. Mr. President, I call of the roll. Mr. GRASSLEY. Mr. President, I ask rule by a majority vote of this body? have a question about that very point. Mr. BENNETT. I was unaware that Mr. President, I thank the Senator unanimous consent that the order for Mr. Hiatt would be allowed to spend his from Utah. Many of his remarks were the quorum call be rescinded. The PRESIDING OFFICER. Without soft money for a faction. I think it is devoted to the proposition that Mr. objection, it is so ordered. still true that he would not be able to Hiatt couldn’t give to various groups; independent groups. The clerk will report. spend his soft money for a party. Is The legislative clerk read as follows: that not the case, I ask my friend? Mr. BENNETT. I didn’t say he couldn’t give to various groups. Motion to proceed to the consideration of Mr. FEINGOLD. As I understand it, Calendar No. 394, S. 1301, a bill to amend he would still be able to do it for the Mr. FEINGOLD. I believe I heard sev- title XI, United States Code, to provide for types of ads the Senator was indicat- eral comments to the effect that he consumer bankruptcy protection, and for ing. The question that I would ask is, if would be prevented from doing that. I other purposes. you have a concern with regard to the just want the record clear that the The PRESIDING OFFICER. Time for bill at this point concerning individ- only concern the Senator from Utah debate between now and 5 p.m. will be uals and groups that are not corpora- has at this point in light of the effect equally divided between the Senator tions or unions, the whole purpose of of the Snowe-Jeffords amendment is from Iowa and the Senator from Illi- the Snowe-Jeffords amendment was to the amendment’s effect on what he can nois, Mr. DURBIN. make it clear. And in the spirit of com- give to parties. Mr. GRASSLEY. Mr. President, I promise that it would not affect what Mr. BENNETT. Exactly. yield myself such time as I might con- the individuals have been able to do in Mr. FEINGOLD. I want that clear for sume from my portion. the past in that area, I just wanted to the record. The PRESIDING OFFICER. The Sen- make sure the record is clear, because Mr. BENNETT. Sure. ator is recognized. much of the comments of the Senator Mr. GRASSLEY. Mr. President, I from Utah have to do with individuals Mr. FEINGOLD. Because I was not want to say a few words today before who are not restricted in the way that certain in light of your remarks. we have our cloture vote on S. 1301, and the Senator has suggested. Mr. BENNETT. That is not the only that is the Consumer Bankruptcy Pro- Mr. BENNETT. Mr. President, I effect. If I can repeat once again, this tection Act. That is going to occur, as would suggest that individuals are seri- bill, in light of the Snowe-Jeffords stated by the Chair, at 5 o’clock. We ously restricted under this bill because amendment, would hasten the day are going to vote at that time on they cannot exercise their constitu- when people would abandon candidates whether we can even consider this very tional privilege of giving the money to and abandon parties and give their important piece of legislation that is a political party. Mr. Hiatt has made money directly to special interest called the Consumer Bankruptcy Pro- the choice not to give the money to the groups, as Mr. Hiatt has voluntarily tection Act. political party, if the article is to be decided to do in this situation, and I As I said yesterday, I think the ne- believed solely on the basis that it think that would be tremendously dele- cessity of having a cloture vote and the didn’t work, not because he was moti- terious to the cause of worthwhile po- objection to taking this bill up was a vated by some other higher spirit. He litical discourse in this country. desperation tactic. If the opponents of decided to give the money directly to a I pause at this example. Let us sup- reform want to fight reform, let’s have faction because he thought it would be pose that in the State of Utah the Si- a fight about the merits of bankruptcy more effective. erra Club were to decide that their No. reform. I would like to get to the bill. If this bill passes, as I understand it, 1 goal was to drain Lake Powell. In- I would like to have everybody vote for Mr. Hiatt would be prohibited from deed, they have announced many cloture on the motion to proceed, and changing that decision. That is, if he places that that is soon to be their No. then we are there debating this legisla- were to decide that, ‘‘Gee, I could make 1 goal. tion. When we get to the bill, I want to September 9, 1998 CONGRESSIONAL RECORD — SENATE S10091 assure everyone that I am going to The fair nature of this bill is rep- the passage of a bankruptcy reform bill work hard to further accommodate resented by the overwhelming biparti- which both Senator GRASSLEY and I concerns expressed by members of the san support that it received in commit- will be proud of. minority. I have proceeded in this fair tee. The near unanimous consensus of I am hoping during the course of this way since we started to consider bank- the committee action reflects a belief debate we can point out those areas of ruptcy reform, and we have been at that something must be done to curb the bill that need to be addressed and this at the subcommittee and commit- the skyrocketing rate of bankruptcies, address them in a responsible way. I tee level probably almost a year to this which reached an all-time high last think this is, at its heart, a good bill. point. year, and that this bill is thus a nec- I think there are some elements of it In subcommittee, when we marked essary step in restoring common sense which can be changed and improved to up the bill, I personally saw to it that to our bankruptcy laws and the system make it better. many of the changes which my distin- of bankruptcy. Let me address at the outset his frus- guished ranking minority member, As the prime sponsor of this bill and tration, and mine, too, over the fact Senator DURBIN, wanted were inserted chairman of the subcommittee with ju- that this bill may become a vehicle for into the bill, and at the full committee risdiction over bankruptcy, I went out other issues. First, why is this nec- markup I worked with Senator HATCH of my way to make sure the minority essary? Why would any Senator want to ensure that a number of Democratic was treated fairly. At my hearing we to come and put a measure such as an amendments were offered. I did not ac- invited every witness the minority re- increase in the minimum wage on the bankruptcy bill? It does not seem to cept these provisions because I sup- quested. And every time my distin- follow very closely. I guess there is ported them or thought these provi- guished friend, Senator DURBIN, sought some connection to it, but by and large sions were the best policy choice. I ac- to insert language into the bill, I per- you would think we could vote sepa- cepted these amendments out of a de- sonally saw to it that his desires were sire to accommodate the concerns of rately on the minimum wage bill. The accommodated. The only time that I honest answer is, we should. The hon- the Democratic Members. So there is could not accommodate his desires was est answer is, we cannot. The Repub- no reason for them to filibuster this sometimes he asked for certain lan- lican leadership refuses to afford an op- bill at all. If the Democratic Members guage to be deleted. portunity for many of the more serious want to be respected, then it seems to American business lost around $40 measures that have been brought be- me that the members of that party also billion last year as a result of bank- fore this Congress to be considered. have to act responsibly when those of ruptcies. This translates into a hidden Some of my colleagues, in frustration, us in the majority go out of our way to tax of $400 per family. We need to cut look for virtually any bill, any vehicle, accommodate the concerns of the mi- this hidden tax and put more money to move important measures such as nority. There is no need to clutter up into the pockets of American families. reform of HMOs, campaign finance re- the bill with amendments that are to- We do this by reducing or eliminating form, or an increase in the minimum tally irrelevant or unrelated to the the costs that we have of goods and wage. I hope, while Senator GRASSLEY issue of bankruptcy. services in America to every family of and I address the merits of this legisla- For instance, I have heard that the four by a figure of $400. tion, that the Republican and Demo- issue we just left, campaign finance re- Efforts to burden this bill with mini- cratic leadership in a bipartisan fash- form, might be offered. I have heard mum wage and other completely unre- ion can come to an agreement as to the that the minimum wage bill might be lated amendments ought to be resisted. proper time and place for us to con- offered. I have heard that it is health This bill is too important and time too sider important measures such as an care reform, that any or all of these short to allow political stunts and un- increase in the minimum wage. could be added to this bill. That is why related side issues to impede or delay Having said that, let me address the we have to vote for cloture now and, its passage. As I said, 68 percent of the issue of bankruptcy reform. As I men- later on, on the bill. Otherwise, with- American people support bankruptcy tioned the other day, it is truly an area out imposing cloture, the bill becomes reform. In its letter to the Judiciary that deserves our attention. The dra- a vehicle for people who oppose reform Committee, the administration of matic increase in the filings in bank- to load this bill up with excess bag- President Clinton indicated its support ruptcy in America suggest that we gage. for reform, and I thank the President should look at the bankruptcy system. As I have said repeatedly here on this and his people for helping this legisla- We have tried to do that in the com- floor, the American public overwhelm- tion along. I think there is a real con- mittee, both in the full committee and ingly favors bankruptcy reform: 68 per- sensus that now is the time to act. We the subcommittee. We will address it cent of the people in a national poll; in have a fair, effective, bipartisan bill again on the floor of the Senate. There my State of Iowa, 78 percent of the peo- which deserves to be considered. As I are many people who have many expla- ple. So let’s stop playing games and get said, we are willing to work with the nations for the increase in the filings to the business of the country. The clo- minority to accommodate their con- in bankruptcy. One of the most cogent ture vote is one of the key votes on cerns even further. explanations that I have found is dem- bankruptcy reform. A vote against clo- It comes down to this. Do the Mem- onstrated by this chart. ture is a vote against a piece of legisla- bers of this body support bankruptcy Why do more people file for bank- tion that deals head on with an issue of reform? Will they vote for cloture ruptcy in a time when the American extreme national importance. The Con- today? And will they also follow on economy is expanding and more jobs sumer Bankruptcy Reform Act that we voting for cloture of the bill itself? I have been created, people are building have before us, or will have before us if ask my colleagues to vote ‘‘yes’’ at 5 homes and starting businesses, and in- we vote cloture, is fair and balanced. It o’clock. flation is down? Why in the world passed out of the Judiciary Committee I yield the floor. would more people be filing for bank- on a 16-to-2 vote. How could a bill that The PRESIDING OFFICER. The Sen- ruptcy? I think this chart answers that got out of committee 16 to 2 be subject ator from Illinois. question. Bankruptcy cases track con- to a filibuster? So, let’s get to the bill Mr. DURBIN. Mr. President, let me sumer debt. As Americans become and, hopefully, pass it. say at the outset, I am going to sup- more deeply indebted, particularly un- The Consumer Bankruptcy Reform port this motion for cloture to proceed secured debt—not their home or their Act is a bipartisan effort. It is a bipar- on the bill because I agree with my col- car, but unsecured debt like credit card tisan effort which keeps the best of old league and friend, the Senator from debt—they become more vulnerable. law while curbing abuses. S. 1301 con- Iowa, that this is an important issue One bad occurrence in a person’s life— tinues to help those who need the pro- that should be addressed by this Con- the loss of a job, a divorce, a serious tection of the bankruptcy laws but im- gress. He has been eminently fair in all illness in the household —and they find plements measures to screen out those of his dealings with me on this legisla- themselves pushed over the edge. A lot who use the bankruptcy system to tion. Being a member of the abject mi- of people find that as their debt in- avoid paying debts that they can afford nority, I appreciate that, and that sort creases they are more vulnerable to to repay. of fairness I hope will be rewarded in bankruptcy. S10092 CONGRESSIONAL RECORD — SENATE September 9, 1998 Just look at this chart which tries to company can claim the item you pur- been very responsive and open in the track the number of filings in bank- chased. You didn’t know that? A lot of past to talk about some changes, con- ruptcy per capita along with the debt- people do not. I don’t think it is unrea- structive changes in the bill. to-income ratio. It is no surprise to me sonable that the credit card companies When it is all said and done, I believe that they are in lockstep. So the credit make that disclosure. we can pass a good Bankruptcy Reform industry that comes to us and talks We also want to make sure the credit Act, one that is a credit to both parties about bankruptcy reform must accept card solicitations are done in an honest that have been involved in this debate, some share of responsibility for the in- way. We find a lot of people, and some and particularly a credit to the chair- creases in filing. nonhumans, I might add, who are re- man of the subcommittee who has Who are the people filing for bank- ceiving credit card solicitations who worked so long and hard on this meas- ruptcy? There are clearly exceptions to should not—people who are mentally ure. the rule, but if you look at the average incompetent, people who are too young Mr. President, I yield back the re- person filing for bankruptcy, you will to own a credit card in any State. I mainder of my time. see that consistently the income of the think this needs to be cleaned up. Mr. GRASSLEY addressed the Chair. person filing for bankruptcy has been We also need to protect retirement The PRESIDING OFFICER. The Sen- descending, going down over the years; income in bankruptcy. If you file for ator from Iowa. the average income in 1997, $17,652. bankruptcy, did you know your 401(k) Mr. GRASSLEY. Mr. President, how These are people who are making less plan is protected but your IRA is not? much time do I have remaining? than $10 an hour who are filing for Why would that be? One of the amend- The PRESIDING OFFICER. Four bankruptcy. So they are not the fat ments we are offering is to make sure minutes, 52 seconds. cats, the ones who are going to the that there is equal treatment of retire- Mr. GRASSLEY. I probably will not canny attorneys who can find some ment income. use all that. I can yield back some way to bring them to bankruptcy We also want to change the area of time. I will comment briefly. court. These are genuinely low-income farm bankruptcy. That has not been First of all, in order to get to the Americans. The average debt of the touched in 15 years, and it should be. point where Senator DURBIN needs to person filing for bankruptcy is about In the area of reaffirmations, when it be to get consideration of his amend- $28,000. That is the average. comes to the debts that the creditor ments, we have to get through this clo- What this bill tries to address is not should convince you that you shouldn’t ture vote and a cloture vote on the bill that average person but the person who step away from, you should still accept so we can get down to talking about is the exception filing for bankruptcy, responsibility for, let’s make a level these very serious matters. the one who is, perhaps, trying to take playing field. Let’s make certain there Many of the things that Senator advantage of the system. is not too much pressure on the debtor. DURBIN has stated that he is interested The reason this debate is important— We also talk about tax returns with in changing I would not want to say and I hope my colleague, the Senator this bill. As it is written, if you walk right out that I agree with every one of from Iowa, will note in the information into bankruptcy court and file a peti- those. Some of them, I think, maybe go that we have shared with him—is our tion and do not produce within 65 days a little bit too far, but I have not belief that we should address not just your income tax returns for the pre- seen—maybe I shouldn’t say I haven’t the bill as it is written and some vious 3 years and your pay stubs for seen any, but I have seen few issues changes in it but some other aspects of the previous 6 months, you are thrown that he brought up in the course of the this question. I do believe, as does Sen- out of court. I asked the Internal Reve- last year as we constructed this bill, ator SARBANES of Maryland and Sen- nue Service, if I asked for my income that it wasn’t possible for us to work ator DODD of Connecticut, who are tax returns, how long would it take me out a lot of differences, particularly for joining me in offering an amendment, to receive them? They said 60 days, if those things that are included in the that we should call on the credit card you are lucky. But you ask somebody bill. companies to accept more responsibil- who writes to the IRS, and they tell As I said in my opening remarks, ity, too. If the people who are incurring you it takes a lot longer. We ask that some things that he wanted removed, debt are asked to be more responsible, there be some provision in the bill that we didn’t remove. I look forward to so, too, should these companies. is sensitive to this. that opportunity, if we get it by get- How many credit card solicitations One of the other areas of the bill says ting through two cloture votes, to sit- have you received in the last month or you can’t file for bankruptcy unless ting down with Senator DURBIN and two? You almost have to shovel them you have been to a consumer credit some of his colleagues on his side of away from the mailbox. Whether you counselor. That sounds reasonable, but the aisle who now have an interest in have asked for it or not, a lot of people the consumer credit counseling indus- this legislation to see what we can want to offer you credit, perhaps more try came to us and said, ‘‘We can’t han- work out and even minimize the num- credit than you should have. Time and dle this. We can’t handle over 1 million ber of votes or the length of debate we again, more people take these credit people coming through our doors each ought to have on this bill. cards and get more deeply in debt and year. We can’t be the threshold for I will make one comment about one then struggle to find a way to pay for bankruptcy court.’’ That is what this of the things Senator DURBIN made ref- them. bill does. I am afraid it goes too far. erence to about opposition from the I also think we have to address the Another thing that concerns me is, in National Foundation for Consumer billing system, the minimum monthly bankruptcy there are certain cat- Credit to some of the ideas of Senator payment on your credit card. I think egories of debt that are protected. One SESSIONS. To Senator SESSIONS’ credit, the credit card companies should tell of them is the area of child support. If he did work out some compromises you how long it will take to pay off we are going to have a mother with that needed to be done. We have a let- your balance and how much interest children, who was perhaps involved in a ter dated August 6 from the National you will pay if you pay the minimum divorce and now relies on child sup- Foundation for Consumer Credit that monthly amount. Is that unreasonable? port, receive enough money to raise says that they support those provisions I think it is only fair. It really gives a her children, we can’t send her into a of the legislation as well, and there is person at least some sobering message, bankruptcy court that diminishes her a copy of that letter to Senator DUR- perhaps, that they cannot continue to ability to recover those child support BIN. pay the minimum monthly balance and payments. Unfortunately, this bill I think we have a process here that expect to ever come out of debt. does. has worked so well. If you would stop Finally, you may not realize it but I have just outlined a handful of the and think—and Senator DURBIN has some of the credit cards that we own, amendments that we think are impor- worked in this spirit—for the years I when we go to charge on a purchase, tant to make this a better bill. I behave been on this subcommittee, either establish a security interest. What does lieve that my colleague, the Senator as chairman or as ranking member— that mean? It means that if you find from Iowa, is going to accept some of and I served 16 years with the prede- yourself in hard times, the credit card these or some form of these, as he has cessor of Senator DURBIN, and that was September 9, 1998 CONGRESSIONAL RECORD — SENATE S10093 Senator Heflin from Alabama—there VOTE politics without losing your soul but has not been a single piece of bank- The PRESIDING OFFICER. The that politics from Fields Corner in Dor- ruptcy legislation to get through this question is, Is it the sense of the Sen- chester to city hall in the heart of Bos- body in that 16-year period of time that ate that debate on the motion to pro- ton, all the way up to the lofty office of didn’t have the cooperative effort of ceed to S. 1301, the bankruptcy bill, the Speaker of the House of Represent- the Democrat chairman or ranking shall be brought to a close? The yeas atives, can in fact be a most honorable member and the Republican chairman and nays are required under the rule. profession. or ranking member, depending on who The clerk will call the roll. Mr. President, we all know that we was controlling the committee at that The bill clerk called the roll. live in very difficult political times, time in history. That reputation has The PRESIDING OFFICER (Mr. where endless cynicism seems to find been continued through Senator DUR- ABRAHAM). Are there any other Sen- too many citizens turning away from BIN at this point. ators in the Chamber desiring to vote? political dialog that they seem to find If we can just get everybody on Sen- The yeas and nays resulted—yeas 99, disappoints them. But Kirk O’Donnell, ator DURBIN’s side of the aisle to be in nays 1, as follows: through every fiber of his body and in that same spirit that has promoted [Rollcall Vote No. 263 Leg.] every step that he took in life, re- good bankruptcy legislation through YEAS—99 minded us that political parties can stand for a set of ideals and that poli- this body for that period of time, we Abraham Feingold Lott can be successful, not only with this Akaka Feinstein Lugar tics can still be an art form mastered piece of legislation, but also to empha- Allard Ford Mack in order to advance the common good— size that this is a needed piece of legis- Ashcroft Frist McCain not individual good, but the common Baucus Glenn McConnell lation. Even Senator DURBIN, working Bennett Gorton Mikulski good. That is what Kirk always fought with us, has helped us develop the first Biden Graham Moseley-Braun for. major change in legislation to be con- Bingaman Gramm Moynihan Like so many of us in Massachu- Bond Grams Murkowski setts—and many are Republicans—Kirk sidered on the floor of this body since Boxer Grassley Murray the passage of the 1978 bankruptcy law. Breaux Gregg Nickles O’Donnell was a Democrat by birth. I hope that the spirit that former Bryan Hagel Reed But through his decades in public serv- Senator Heflin of Alabama and I have Bumpers Harkin Reid ice he became a Democrat by convic- Burns Hatch Robb worked in, and has been continued by Byrd Helms Roberts tion and a Democrat by sacrifice and Senator DURBIN and me thus far, can be Campbell Hollings Rockefeller by life work. The young man who fell fully accepted by people from his side Chafee Hutchinson Roth in love with football at the Boston Cleland Hutchison Santorum Latin School and at Brown Univer- of the aisle. I know he has to satisfy a Coats Inhofe Sarbanes lot of interests. I even have, I say to Cochran Inouye Sessions sity—so much so that at Boston Latin Senator DURBIN, some interests on my Collins Jeffords Shelby he was enshrined in their sports hall of side that are not satisfied with the leg- Conrad Johnson Smith (NH) fame—found his passions attracted him Coverdell Kempthorne Smith (OR) islation we brought out of committee. Craig Kennedy Snowe to an equally rough and tumble game So I have some problems with which I D’Amato Kerrey Specter on the field of Boston politics. have to work. Daschle Kerry Stevens Kevin White’s 1970 campaign for Gov- The point is, if, since 1981, this effort DeWine Kohl Thomas ernor in Massachusetts inspired Kirk Dodd Kyl Thompson can be successful, it can be successful Domenici Landrieu Thurmond to get involved in politics for what he this time. I just plead with everybody Dorgan Lautenberg Torricelli thought was a ‘‘brief stint.’’ That who might want to filibuster this for Durbin Leahy Warner ‘‘brief stint’’ became a remarkable ca- Enzi Levin Wellstone reer. When Kevin White made good on some extraneous issues that probably Faircloth Lieberman Wyden can be brought up in some other way his promise as mayor of Boston to on other bills that would satisfy the NAYS—1 ‘‘bring city hall to the neighborhoods,’’ Senate majority leader, we can get Brownback he turned to Kirk O’Donnell to run his there. The PRESIDING OFFICER. On this Fields Corner little city hall. From his I urge, as Senator DURBIN has, a very vote, the yeas are 99, the nays are 1. office in a trailer, Kirk brought city positive vote on this. I hope it will be Three-fifths of the Senators duly cho- government to street corners, to news- followed, assuming we are successful sen and sworn having voted in the af- stands, and to neighborhood picnics. He this time, with a positive vote later firmative, the motion is agreed to. knew how important it was to show his this week on cloture on the entire bill. Mr. KERRY addressed the Chair. fellow Bostonians that government I yield the floor, and I yield back The PRESIDING OFFICER. The Sen- worked for them, if only they knew what few seconds I have remaining. ator from Massachusetts. how to work within the system. And CLOTURE MOTION Mr. KERRY. Mr. President, what is within that system, Kirk was their de- The PRESIDING OFFICER. All time the parliamentary situation? voted guide. Tip O’Neill could not have having been yielded back, the hour of 5 The PRESIDING OFFICER. The chosen a more dedicated or more skill- p.m. having arrived, pursuant to rule pending question is the motion to pro- ful individual to be his counsel than XXII, the Chair lays before the Senate ceed to S. 1301, the bankruptcy reform Kirk O’Donnell, a man who said, in his the pending cloture motion, which the bill. own unassuming way, ‘‘if you can un- clerk will report. Mr. KERRY. Mr. President, I ask derstand Fields Corner, you can under- The bill clerk read as follows: unanimous consent that I be permitted stand Congress.’’ Kirk was right—and CLOTURE MOTION to speak as in morning business for 10 Tip O’Neill knew it. For 8 years, it was We, the undersigned Senators, in accord- minutes. Kirk O’Donnell who gave the Speaker ance with the provision of Rule XXII of the The PRESIDING OFFICER. Without the extra set of eyes and ears he needed Standing Rules of the Senate, do hereby objection, it is so ordered. to hold a Democratic majority to- move to bring to a close debate on the mo- f gether in spite of all of the force of tion to proceed to Calendar No. 394, S. 1301, President Reagan and the Reagan era. the Consumer Bankruptcy Protection Act. TRIBUTE TO KIRK O’DONNELL Kirk talked with Members of Congress Trent Lott, Orrin G. Hatch, Charles Mr. KERRY. Mr. President, I want to Grassley, Arlen Specter, Strom Thur- the same way he would with a friend of mond, Connie Mack, Ben Nighthorse pause for a few moments to acknowl- 20 years or a constituent in Fields Cor- Campbell, Thad Cochran, Tim Hutch- edge that many of us, particularly ner or West Roxbury—warm, honest, inson, Wayne Allard, Christopher Bond, those of us from Massachusetts, are straightforward. Tip O’Neill knew that Rod Grams, Rick Santorum, Chuck feeling the loss this week of one of our in Kirk O’Donnell he had found a true Hagel, Larry E. Craig, and Jon Kyl. Nation’s most savvy political strate- friend. CALL OF THE ROLL gists and one of our most contributing Thousands of people to this day will The PRESIDING OFFICER. By unan- and admirable citizens. Kirk O’Donnell tell you they were friends with Tip imous consent, the mandatory quorum was a man who lived his life in a way O’Neill, the Speaker. Tip O’Neill was a call has been waived. that proved not only can you work in politician who never forgot a name and S10094 CONGRESSIONAL RECORD — SENATE September 9, 1998 loved to talk with everyone he met. He inspire us with the faith that he had in tion, we are in the post-cloture period, had more than his share of friends and our common ideals as Americans and which allocates up to one hour to each acquaintances. But Kirk O’Donnell was in his commitment to working to make Member of the Senate. Am I correct? a special kind of friend and so it was life better for other people. The PRESIDING OFFICER. The Sen- that he was one of the few asked to I thank the President. ator is correct. help carry Tip O’Neill’s casket when Mr. KENNEDY. Mr. President, will Mr. KENNEDY. Mr. President, I yield our beloved Speaker passed away. That the Senator yield? myself such time as I might use. gesture alone spoke volumes about the Mr. KERRY. I yield to the Senator Mr. President, we have just a few mo- kind of relationship forged between the from Massachusetts. ments ago decided as a Senate to con- older, wiser, more experienced Tip Mr. KENNEDY. Mr. President, I sider the bankruptcy legislation that O’Neill and the younger, idealistic, and thank our friend and colleague for his was reported out of the Judiciary Com- committed Kirk O’Donnell. superb recollections and comments mittee a few weeks ago. I mentioned at Even after he lost his friend, Tip about this son of Massachusetts, Kirk the time that this measure was being O’Neill, Kirk kept fighting for the O’Donnell. Kirk O’Donnell was really a considered by the leadership, that I had Democratic Party and the causes in committed public servant right from hoped we would have the opportunity which he believed so strongly. He the earliest days. He started out as a at the time that the leadership was breathed life into the Center for Na- schoolteacher. He came from a work- considering calling up the bankruptcy tional Policy, leading seminars and ing-class family. He entered politics. legislation to consider other legisla- meetings with Democratic activists, He served with great distinction, as the tion that had been pending for some pe- supporters, and even with those who Senator has pointed out, with a great riod of time. Kirk believed might someday run for friend of both of us, Congressman The legislation that I was hoping office. His message always came from O’Neill, in a very significant time in would be considered is the Patients’ the heart—Democrats stand for some- the history of this country. And then Bill of Rights. It has been introduced thing, something real, something after our friend and colleague, Speaker by the Democratic leader, Senator which could not be measured alone in O’Neill, left, Kirk O’Donnell went to DASCHLE, and supported by a number of an election. And he cared passionately run the Center for National Policy. He us. Or, alternatively, I had hoped that about that something. On the darkest kept his interest in public policy, be- the Senate would have been able to ac- days for our party—and he went lieving that public policy can make a cept the proposal of the minority lead- through some—Kirk reminded us to difference in people’s lives. er, Senator DASCHLE, that we would lay He really was an extraordinary never give up the fight. He knew the down before the Senate the Republican human being in his common sense, his importance of staying involved, of managed care proposal that passed the good judgment and his real desire to staying committed. He understood the House of Representatives in July. This advance the common interests of work- full measure of democracy—and tried would have provided us with an oppor- ing families in our State. tunity to debate an issue that is enor- to bring it to others starving for free- So I wish to commend my colleague, dom through his work in the National mously important to families in this Senator KERRY, for bringing this mat- Democratic Institute for Foreign Af- country. ter to the Senate. This man was a very I mentioned before, the bankruptcy fairs. Wherever, Kirk went, his message rare human being, a rare individual, a was the same; find out what matters to legislation deals with 1,200,000 people very loving person, certainly for his or occasions in this country per year. you and never stop fighting for it. wife and his family but also to his Kirk O’Donnell never forgot what The Patients’ Bill of Rights, however, friends. He also cared very deeply really mattered in life. More than any- affects 160 million Americans. The con- about the condition of the people that thing that was his devotion to his fam- cerns that these families have are very he met over his journey of life. He had ily—to his wife of 26 years, Kathryn real and very powerful. a strong commitment to make this Holland O’Donnell and their children, Time and again, we hear of insurance world a better world and our State of Holly and Brendan. That devotion was company abuses that cripple or kill pa- Massachusetts a better State. tients in states around the country. absolute. I thank my colleague for bringing I am proud to say that Brendan was Yet, the response of the Republican these remarks to the Senate. I com- going to join us as an intern in our of- leadership has been, well, you can ei- mend these remarks to our colleagues fice. Now that may be somewhat de- ther take it or leave it. That’s it. Take and to his family because we miss him layed, but, obviously, we look forward the alternative that is advanced by the not only as a friend, but as an extraor- to the day when he will be there with Republican leadership—which allows dinary public servant. We should not us continuing in his father’s footsteps. one vote on Senator DASCHLE’s bill, one let his name and his memory leave us. Whenever I ran into him either in vote on the Republican bill, and per- Those who knew him and loved him Washington, DC, or in Massachusetts, haps three other amendments, but no will certainly carry his memory in Kirk’s first question wasn’t about poli- more than those amendments in num- their hearts throughout their lives. tics; he always asked me how my ber that are designated by the majority I thank the Senator. daughter was enjoying her education in Mr. KERRY. Mr. President, I thank leader—or leave it and do nothing. Mr. his alma mater, Brown University. And my colleague. We both benefited enor- President, this proposal effectively he was always quick to share with me mously from the generous friendship of gags the Senate from having full de- his latest story about his own daugh- Kirk O’Donnell and from the remark- bate and discussion on this legislation. ter—Holly’s experience on that same able quality of wisdom he had well be- But, we have been told that was the po- campus, or the story of the last trip to yond his years, great common sense, sition of the leadership and that was Foxboro Stadium with his son Brendan great roots in the streets, the city that what we were going to be stuck with. to watch Patriots football. It goes he worked for, and of the State that he Mr. President, this is unsatisfactory without saying that as much as all of loved, and we will both miss him. I because it excludes the opportunity to us will miss him, obviously we feel the thank the Chair. debate the major differences that exist special pain that Kathryn, Holly, and between the Republicans and the f Brendan feel at this time with their Democrats on the issues of health care. lost which is so much greater. CONSUMER BANKRUPTCY PROTEC- I have here before me a comparison Today, we remember Kirk O’Donnell TION ACT—MOTION TO PROCEED of each of the patient protection bills— with words that cannot do any justice The Senate continued with the con- the proposal that has been advanced by to a life that was both tragically short sideration of the motion. the Republicans, and also the Patients’ and joyfully filled with meaning and Mr. KENNEDY addressed the Chair. Bill of Rights proposal introduced by with accomplishment. We will miss The PRESIDING OFFICER (Mr. the Democrats. At the heart of this de- Kirk O’Donnell, a friend and an adviser COATS). The Senator from Massachu- bate is a very simple concept: Are med- to all of us in Massachusetts politics setts. ical professionals, the doctors and and in the Democratic Party. But we Mr. KENNEDY. Mr. President, as I nurses, going to make the health care know that his spirit will continue to understand the parliamentary situa- decisions that affect patients? Or are September 9, 1998 CONGRESSIONAL RECORD — SENATE S10095 insurance company accountants going up to debate these particular measures, amendment strategy or you just do not to make those judgments and make even though these are the items which get any debate or discussion.’’ That is those decisions, which is the case in have been embraced by not just Mem- not satisfactory. Although the leader- too many instances in our country bers of the U.S. Senate but by nearly ship has been able to prevent us from today? We believe that in all of these 190 organizations across this country the opportunity of having that kind of circumstances medical decisions ought that represent—who? Represent the debate and discussion up to this period to be made by the health professionals Congress? The Senate? No. They rep- of time, they will not be successful in who have been trained, qualified, and resent the doctors, represent the denying us the chance to have the kind certified to be able to deal with the nurses, represent the researchers, rep- of debate that we need in order to pro- health care challenges that will affect resent the patients and consumers. tect the consumers of this country. our families in this country. Nearly every single major and minor So I think we have, again, missed an We believe there should be a prohibi- consumer group has effectively en- extraordinarily important opportunity tion on gag practices; access to emer- dorsed the proposal that we have ad- to do the public business, to do the peo- gency rooms when there is a need for vanced, and we have not heard of a sin- ple’s business, to try to do something services, which is not guaranteed in gle group that has endorsed or em- about the quality of health care for the too many instances today; access to braced the Republican proposal—not American people. We here this evening the Ob/Gyn providers; the ability to one. Not one. They do not have a single would like to give the assurance to the keep your doctor; and guaranteed ac- group—doctors or patients or nurses or American people, as the leader has, as cess to the specialists, including out- health delivery professionals—that en- our Democratic leader has, that we will of-network providers, when those needs dorses their proposal. All of them en- have the opportunity one way or the are important. dorse ours. Yet we are told by the Re- other to have consideration of this leg- We believe that there should be publican leadership that you are going islation before we adjourn. We should standing referrals to specialists or that to be denied the opportunity to even be able to do it in the way in which we specialists should be allowed to act as raise these issues in an orderly way, to deal with important legislation, where primary care providers when that is have debate and discussion and an out- we call the legislation up and move to- important for particular patients, such come decided on the floor of the U.S. ward the consideration of these various as cancer patients, or persons with dis- Senate. amendments, trying to work through a abilities or HIV; the ability to have ac- These are the areas that need to be timeframe to get the final resolution. cess to doctor-prescribed drugs when discussed. These are the gaps in the Re- The Democratic leader even indicated the various formularies override a phy- publican bill. Some of them probably that we were prepared to deal with sician’s decision; and access to clinical could be worked on through an agree- these issues at nighttime, at 6 o’clock trials, which are absolutely essential ment—not a great number. But they tonight, 6 o’clock in the evening. There for patients who have life-threatening certainly are the ones that have been is no reason in the world that the Sen- conditions—such as breast cancer— mentioned and identified by the health ate of the United States should not that have failed to respond to conven- professionals in this country that are work tonight, from 6 o’clock to 10 tional therapies. The failure to pro- essential if we are going to provide o’clock, for the next 4 hours, debating mote and cover routine costs for par- quality health care for the American these particular issues, and do so to- ticipation in these clinical trials is people. And we are denied this. We are morrow night, too. We could have done something that the Senate ought to being stonewalled, those of us who be- it last night as well. There is no rea- make some judgment and decision lieve the patients’ interests should be son, no reason in the world. If we be- about. advanced. The Republican leadership lieve this legislation is important, why The interesting point about clinical have closed us out. They say, ‘‘No. No.’’ aren’t we here debating this issue to- trials is that it really is not more cost- They don’t mind getting consider- night? What is so important, in terms ly to the HMOs, because the drug and ation for the bankruptcy bill. They of Members’ schedules, that we are not biotechnology companies or the gov- don’t say we will take the bankruptcy debating or discussing this? ernment continue to assume the bur- bill up, but there are only X number of I have been in the Senate for a period den for the experimentation. The HMOs amendments. No. They just went ahead of time and we have had evening ses- are simply asked to shoulder their fair and scheduled the bankruptcy bill, sions. We have had two-track sessions share of the routine costs that the pa- which, interestingly, is supported by many, many times. At this time in the tient would incur anyway. So it really major financial institutions and credit session when there is important legis- is not costly to the HMOs to guarantee companies that have spent over $50 lation to consider, Senator DASCHLE this access to clinical trials. We ought million in support of the legislation. has proposed that to the majority lead- to have the opportunity to debate that Whom does that bill protect? It pro- er, saying, 6 o’clock this evening, why here on the floor of the U.S. Senate. tects the banking and the financial in- aren’t we out here considering and de- We ought to be able to ensure there terests over, I believe, the interests of bating these issues tonight for 3 or 4 is going to be protection for patient ad- the consumers. So we have seen that hours and having resolution of those? vocacy, and that we are going to have legislation that protects big business is But we have been told no, we cannot do information on plan quality. People on the fast track, and the legislation that either. We cannot take the time need to understand which plans present that protects patients and families is this evening or tomorrow evening, or themselves to be quality plans, and being denied the floor of the U.S. Sen- Friday evening, or next week, or any of which do not. And, perhaps most im- ate for debate and discussion. the evenings of next week to try to portantly, there should be a clear right I do not think, in the remaining time deal with the issues on the Patients’ to a timely and independent appeal that we are here, outside of the various Bill of Rights—no. We are told we will process and the ability to hold health appropriations bills, there is any piece not do it. You are not entitled to have plans accountable for their actions. of legislation that is more important that kind of debate and discussion. Evi- These are the areas of public policy than this legislation. But we have been dently, the public interest with regard that we ought to have an opportunity in a constant position now, for week to health care will not be considered by to debate and discuss. after week after week, month after the Republican leadership. We have not heard from the Repub- month after month. So we will be forced, as the leader lican leadership what particular aspect We were denied the opportunity to pointed out, to take the extraordinary of this list, which basically includes get even a markup in the relevant com- steps that can be taken from a par- the President’s reservations about the mittee, in the Human Resources Com- liamentary point of view to move Republican proposal, that they object mittee. We were denied an opportunity ahead and consider this at another to. All they say is: We are not going to to consider this as an amendment on time. We will continue to press the debate it. We are not going to discuss other legislation. We have been denied leadership for that consideration, be- it. You can get one amendment, two the opportunity to have a full debate cause we believe that this issue is of amendments, three amendments, but and discussion. We are told, ‘‘You take such overpowering importance to chil- we are just not going to tie the Senate it or leave it. You take the three- dren, to women, to grandparents, to S10096 CONGRESSIONAL RECORD — SENATE September 9, 1998 members of the family, and it is essen- minimum wage would mean to her. She Mr. President, I want to take a mo- tial that we deal with it. And we will, said, ‘‘It is very simple, Senator, we ment to answer some of the arguments as our leader has pointed out. will only have to work two jobs now in- that will be made with regard to an in- Now, we are told, as we are moving stead of three.’’ Only two jobs instead crease in the minimum wage, of what towards the consideration of the bank- of three. What that means is increasing that means in terms of inflation. When ruptcy legislation, we will have a clo- the ability of those parents to spend we debate this issue, I will review some ture motion filed so we will not be able time with their children, increasing of the statements that our friends and to have debate on various amendments the ability of those parents to take a colleagues made during those final that are relevant to the issue at hand. little time and work with their chil- hours of the 1996 debate about the ef- They may not fall within the particu- dren on homework. The additional fect on inflation and unemployment of lar framework of the technical provi- money may allow them to take their the increase. These were the most ex- sions of the cloture motion. So we are child to a ball game. Maybe they can traordinary statements. I will not take facing the prospect of another cloture afford a birthday present. Maybe they the time of the Senate to go through vote coming up on this Friday. can afford to take a child out to din- them now, but they are just so out of I am hopeful that we will be able to ner, or even see a movie. Of course, a touch with reality that it really is ex- consider, on that particular piece of vacation is completely out of reach—it traordinary. legislation, a modest increase in the is not even being considered. Raising the minimum wage does not minimum wage. But we are told that This is what I mean when I talk fuel inflation. This chart shows what the leadership will not permit a debate about family issues. We hear a great the inflation rate was per month dur- or discussion on any increase in the deal of discussion about family issues ing the year or two before the increase minimum wage. and about family values. The minimum in 1996. The rate of inflation was rel- I have been asked why we should con- wage is a family value. It is a working atively flat between February of 1996 sider having an amendment on increas- family value. It is saying to someone and October 1996. It was pretty flat—it ing the minimum wage on this legisla- who works 40 hours a week, 52 weeks of held fairly steady at three-tenths of 1 tion. I have been asked, what is its rel- the year that we are going to honor percent per month. evancy to bankruptcy? The fact of the their work, and that in the United The minimum wage increased to matter is that the average wage of peo- States of America working people are $4.75, and look what happened to infla- ple filing for bankruptcy is just over not going to live in poverty. These are tion. The rate stayed steady. In Octo- $17,000 a year. One of the principal rea- family values. ber 1996, the inflation rate was main- sons that individuals file bankruptcy is We are going to hear, Mr. President, tained at three-tenths of 1 percent. In- because their income has declined— when we get a chance to debate this— flation declined in December 1996, and their purchasing power has been re- and I can understand why the Repub- then went up and down slightly be- duced. No one in this Nation has seen a lican leadership does not want to per- tween January and September 1997. mit us to debate it—we are going to greater decline in their purchasing Then the minimum wage increased in hear that we don’t need to have an in- power than minimum wage workers. September 1997 to $5.15. Here we see the Mr. President, I have here a chart crease in the minimum wage. The mar- continued decline of inflation. In June that reviews where the minimum wage ket will take care of these workers. If of 1998 the inflation rate was one-tenth has been in the past 40 years. we do increase the minimum wage, op- of 1 percent. This chart puts the lie to As we can see, the real value of the ponents will claim it will add to infla- claims that the minimum wage in- minimum wage went up to $6, and then tion and unemployment. This is crease added to the rate of inflation in to $6.50, until it reached $7.38 in the against the background of the most ex- the United States. mid to late 1960s. Again, it bounced up traordinary economic growth in the and down through the 1970s at about $6 history of this country, with the great- I believe that the overwhelming or slightly above. Then we saw a con- est prosperity, the lowest inflation, the power of this argument comes from no- tinued decline down to $4.34 in 1989. We lowest unemployment in a generation. tions of basic fairness and justice. But saw an increase again in 1991 and then We will hear, ‘‘We can’t afford it; we’re if the opponents are going to claim the increases in 1996 and 1997 which going to lose jobs.’’ We will hear that that increasing the minimum wage will brought it up to $5.15. from Members of Congress who have increase inflation, let us look at what The proposal I have made will in- experienced an increase in their own happened over the period of the last crease the minimum wage in two salary of more than $3,000 only last two increases, going back to October stages—50 cents on January 1, 1999 and year. 1996 and then the increase in Septem- 50 cents on January 1, 2000. That will We will hear, ‘‘We just can’t afford to ber 1997. bring the nominal value of the mini- do that for working Americans.’’ It is Mr. President, I would like to con- mum wage to $6.15, but the real value, the working Americans, the working sider at the other argument that is because of inflation, will be only $5.76. poor who have fallen further and fur- made in opposition. That is the claim Even if this body accepted the in- ther behind in their purchasing that raising the minimum wage causes crease in the minimum wage, we would power—further behind than any group unemployment to rise. still be well below the historical value in our society. Opponents always say, ‘‘If you in- of the minimum wage for some 20 years I think some of us remember those crease the minimum wage, you’re in the 1960s and 1970s. These individuals wonderful charts Secretary Reich used going to see a rise in unemployment.’’ on the lower rung of the economic lad- to present at the Joint Economic Com- I will come to teenage unemployment der, the men and women who work 40 mittee when he talked about the five in a minute. Unemployment overall de- hours a week, 52 weeks of the year, different economic groups and what clined dramatically since the minimum hard-working men and women trying has happened in the postwar period wage increased in October 1996. to provide for their families—they will from 1947 right up to 1979. And it And then, after the minimum wage still be earning well below what the showed that the wage rates of these increased again in September 1997, un- minimum wage was worth for more groups increased at similar rates. In- employment continued to drop. Now we than 20 years. comes of those at the lower rungs went are at 4.5 percent unemployment, This issue is a woman’s issue, be- up in percentages as high as if not which is virtually the lowest unem- cause 60 percent of all minimum-wage higher than those at the highest levels. ployment level in a generation. Since workers are women. It is a children’s This is not true any more. It is the top 1996, the nation has experienced the issue, because many, many of those 1 percent, the top 5 percent, the top 20 lowest rate of inflation and the lowest women are single moms and, therefore, percent. Their incomes are going up rate of inflation in a generation. their income is going to dictate what through the roof. Those at the lower So you cannot make the argument, they can provide for their children. It end have been going right down Mr. President, that if we increase the is a family issue. through the cellar. This is an issue minimum wage, it will add to the rate I will always remember the witness that we have an opportunity to do of inflation or add to the rate of unem- who described what an increase in the something about. ployment. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10097 Mr. President, what is always said is, is a matter of critical need for working say, as a society, that we are all going ‘‘Well, all right, you don’t really under- families. to move together, that we have a sense stand it. It is teenagers, teenage unem- When you come right down to it, this of common purpose and common direc- ployment. They are the ones who real- issue is really about dignity. It is tion? Will we make sure that our fellow ly get squeezed.’’ Let us look at teen about dignity for individuals who can citizens can participate in this extraor- unemployment, ages 16 to 19, over this pay their bills. It is about dignity for dinary economic expansion? Or are we same period. Before the minimum wage people who don’t have to go on welfare. going to say, no, we will let you stay increase, you had some 16 percent teen- It is the dignity of a family knowing out there in the cold, we won’t even de- age unemployment in 1996. Since the they will not have their electricity or bate any kind of increase? Sure, you 1996 and 1997 increases, it has dropped their water turned off because they are providing for your kids, but we will to 15 percent unemployment. The fact can’t pay the bill. Raising the mini- not even permit the U.S. Senate the of the matter is, Mr. President, that mum wage is really about dignity. It is opportunity to debate this and vote on about a quarter of those who earn the about a sense of pride. It is the way this, up or down; up or down. minimum wage are teenagers. Many of parents look at children and the way Mr. President, that is why this issue those teenagers are trying to go out children look at parents. This is an is so important. I believe it is one of and work their way through their first issue of fairness, an issue of whether fundamental fairness. It is a defining or second year of community college. we as a society honor work, for people issue. It has been a defining issue at They are teenagers. These kids, in who will work and want to work; those other times, and it is at this time. I am many instances, are the ones who are people who are the child-care helpers, hopeful that we could have a time to trying to earn in order to continue the teachers’ aides in our schools. debate this issue. We are not interested their education. They need that in- We talk a great deal about education. in prolonged debate and discussion. As crease as well. Teachers’ aides are important. Many of I mentioned, we would settle for a rea- So, Mr. President, this chart makes them earn the minimum wage. We talk sonable period of time to debate this the point that the total unemployment about the importance of Medicare and and have a vote. It is not a complex for teenagers is down. Medicaid and making sure that our issue. We are going to continue to pur- Mr. President, the greatest opposi- parents are going to be able to live in sue it because we believe it is right and tion to this has come from the retail dignity. Much of that dignity is pro- it is just and it is fair. Those are values industry. But retail employment has vided for by health aides who earn the which I think most of us were sent here grown by leaps and bounds over this minimum wage. The men and women to uphold in the U.S. Senate. period. It is growing 31 percent faster. who clean office buildings at night- How much time remains? Before the minimum wage increased, time, by and large, are minimum-wage The PRESIDING OFFICER. The Sen- from September 1995 to September earners. These are people who have a ator has used 41 minutes 50 seconds. 1996—394,000 new retail jobs were added. sense of dignity and pride in them- Mr. KENNEDY. I reserve the remain- The minimum wage increased in Octo- selves, as they should. der of my time. ber 1996, and then again in September This is an issue of fundamental fair- Mr. REED. Mr. President, I ask unan- 1997. ness. In the past, this body has re- imous consent to be recognized to use This is a 1-year period before the sponded. It has responded at other such time as I may consume with re- minimum wage went up. From Septem- times when the minimum wage has spect to bankruptcy reform. ber to September, 394,000 new retail sunk this low. It has responded with The PRESIDING OFFICER. Without jobs were added. Then in the 11 months Republican and Democratic leadership, objection, it is so ordered. after the increase took effect, 517,000 with Republican Presidents and Demo- Mr. REED. Mr. President, today we new jobs were added. This is very dra- cratic Presidents, alike. But we are have voted to move to consideration of matic growth. now being told by the Republican lead- the Bankruptcy Act. One of the sad but The point about it is, Mr. President, ership that we are going to be denied true causes of so many bankruptcies of that there is not a valid economic ar- the opportunity even to address this families throughout this country is the gument to be made. I wish we had the issue on the floor of the U.S. Senate. fact that they are overwhelmed by opportunity to engage in that debate We are told, ‘‘We will not give you the medical bills. Now, this is obvious on the floor of the U.S. Senate with time.’’ We will not have that debate to- when it comes to those people without those who are opposed to the increase night, here in the U.S. Senate, and vote insurance, because for those people, because they claim they are concerned at 10 o’clock tonight. getting sick in America not only about teenage unemployment, about What is more important to the 12 means being ill, it also very often inflation and about the effect on people million Americans who would benefit means going broke. who work in retail stores and will lose from an increase than a debate this But one of the other aspects that is their jobs. The facts belie those claims. evening and a vote at 10 o’clock to- startling to so many is that many fam- Mr. President, we are talking about night? I can understand that many of ilies with insurance, particularly individuals who are still earning $2,900 my Republican colleagues don’t want health maintenance organization in- below the poverty level for a family of to vote on this issue. But that isn’t a surance, find themselves in similar sit- three. good enough reason. We are sent here uations where the insurance they paid What will this $1 an hour increase to make choices. This is a choice that for, they thought they bargained for, mean to minimum wage workers? It ought to be made in the light of day, or evaporates when they actually have a would buy almost 7 months of grocer- even in the evening, but it ought to be health care crisis. ies. $1 an hour may not mean much to made here on the floor of the U.S. Sen- That is why it is so very, very impor- many in this country. Certainly, it ate. Parliamentary tricks should not tant to engage in a thorough debate doesn’t mean a lot to the people who be used to deny us the opportunity to and legislative action with respect to saw the stock market go up 370 points address it. This is not a complicated the Patients’ Bill of Rights. I join all of yesterday, gain over $1 trillion in value issue, involving constitutional ques- my colleagues in issuing a challenge to in one day. Of course, all of us are glad tions. This is a simple issue of fairness the leadership of this body to bring up to have seen the stock market go up and justice. The Members of this body the Patients’ Bill of Rights so we can these past few days. know it. The Members of this body un- debate it, we can consider it, and hope- $1 an hour might not make so much derstand it. We don’t need any more fully we can pass it. difference to those who are investing in hearings on this issue. Indeed, we should be here tonight de- the stock market, but it represents People know what this issue is all bating this worthy measure, or the about 7 months of groceries to an aver- about. It is simple and plain: Here in minimum wage, as my colleague from age family of four. It buys about 8 the U.S. Senate, are we going to take Massachusetts, Senator KENNEDY, has months of rent for that family. It pays steps that will guarantee some fairness suggested, because that is truly the three-fourths of a year’s tuition and to American workers who need that in- people’s business. When I go back to fees at a community college. It is a crease and have been falling further Rhode Island, people are concerned matter of enormous importance and it and further behind? Are we going to about many things, but they are most S10098 CONGRESSIONAL RECORD — SENATE September 9, 1998 concerned about the status of the are ignored in the preparation of these There is a particular aspect of this health care and about whether or not plans. Too often, pediatric illnesses are which I find particularly compelling, working families in my State and relegated to just another variation of and I mentioned it before; that is, the across this country can provide for adult illnesses. Too often, children are aspect of pediatric health care. A few themselves. just seen through these lenses as small- weeks ago, I had the opportunity to The Patients’ Bill of Rights, the leg- er adults when, in fact, pediatric care visit the Hassenfeld Children’s Cancer islation that we should be debating to- is a very specialized part of the health Center at New York University Hos- night, is about applying fair rules of care delivery system. And too often, pital in New York City. There I saw the the game to health care. When it comes parents discover that what they bar- care they are giving to dying children. to health care, consumers should get gain for and what they thought they I heard from the frontline profes- the health care they pay for and they had in terms of protections evaporate sionals, the social workers, nurses, doc- should get it when they need it. But when their child is ill. tors, about the daily frustrations they sadly, this is not always the case. In Earlier this year I introduced my face and endure in trying to get ade- many cases, it is the exception to the own legislation that would ensure that quate care for these children from rule. It is time for this Congress to ac- children are not left out of this great HMOs. The idea that they would spend cept the President’s challenge and pass debate about managed care, that chil- days trying to get hospice care for a legislation to enact guarantees for dren would, in fact, be the focal point child who is dying, the idea that they quality health care in this country and of very specific procedures within man- would have to get daily approval and important consumer protections. aged care plans, that there would be reapprovals for a course of treatment The Patients’ Bill of Rights intro- access to pediatric specialists. A fam- that is clear and obvious and has been duced by Democratic leader DASCHLE, ily could choose a pediatrician as a pri- prescribed is just an example of the protects patients’ rights, while the op- mary care provider, and pediatric spe- state of this system, which is, in many posing version introduced by Senator cialists would evaluate outcomes rel- respects, a crisis for so many families ative to children. In working with the LOTT and Senator NICKLES leaves too in this country. many loopholes and does not provide pediatric hospitals and with the Amer- We can do better. We must do better. ican Academy of Pediatrics, I have adequate protections for consumers. By But we can only do that if we have the come to understand the very special- addressing only self-funded, non-ERISA will. We must bring this legislation to ized care that is necessary to deliver plans, the Lott-Nickles bill excludes the floor. We must bring this legisla- such care to children. Without such 113 million Americans from the protection to this floor promptly. There are care, illnesses that may have been few days left, but in those days it is our tions that are necessary, and, indeed, if treated successfully and cheaply in you follow the logic of their bill, if a obligation to serve the interests of the children become traumatic and com- American people. At the top of their portion of Americans need protection plicated illnesses that are more expen- in their health care plan, if a portion of list is a more rational, more appro- sive and more threatening to the priate health care system. We are with- Americans need these protections from health of this child and later to that insurance companies that are too much in striking distance of that, if we just adult. act. oriented toward the bottom line and My words are less compelling than not quality health care, why should all As I mentioned before, the other the words of the people in my home body has acted. It is our responsibility, Americans in private health care plans State of Rhode Island who have dealt not have these protections? our turn to step up to the plate and to with this health care morass. A few get a greater hit than even Mark That is what the Daschle bill does. It weeks ago, I had the opportunity to would provide coverage for all 161 mil- McGwire, because this hit will ensure share a podium with Dr. Karen that every family in America has good lion Americans who aren’t privately in- LaMorge. She detailed the problems sured. This bill submitted by Leader access to health care and will help that she had in getting adequate health care process to continue along. We should DASCHLE provides full protection to pa- for her father and the fact that the in- tients, including, for example, access stay here tonight and every night and surance company would not provide a not simply make speeches with respect to specialists, pediatric specialists for second opinion, and they would not children, coverage for emergency serv- to this underlying bankruptcy bill, but make easy referrals to specialists. One actively debating and actively voting ices, an internal and an independent of the great ironies of her story is that on, in a robust, wide-open debate, HMO external appeals process, and allowing Dr. LaMorge is a podiatrist and, in protections for the people of America. patients to hold health plans account- fact, a member of the professional pan- As Senator KENNEDY suggested, we able in court. els of this particular HMO. Now, she, a All of these protections are impor- should also take up the minimum wage skilled professional, a provider herself, because that, too, is a way to address tant to the health and well-being of all cannot easily and quickly get adequate Americans. And all of these protections the real problems that face America. care for her father. I hope that our resolution tonight deserve full debate and consideration What happens to the average citizen would be to take up these measures, on the floor of the U.S. Senate. Now, an who confronts this morass of regula- debate them fairly and honestly, and to offer of a single vote on the bill with an tions and rules and consents and ap- vote and give the American people extremely limited opportunity for provals and daily calls and tracking what they so desperately want and de- amendments is not the full, vigorous down people to give the right approval? serve—a health care system that works debate that this issue requires—in fact, It becomes a daunting experience. for them, and for those low-income that this issue demands. The health Many, many Americans simply get ex- working Americans a decent wage care of the American people is too im- hausted trying to get basic health care which will lift them out of poverty. I portant to try to squeeze in between for their families and themselves. hope we do that. Certainly I think I other issues here on the floor of the Some give up. Others press on, endur- and my colleagues will continue to Senate. I think we should move today ing huge costs in time, efforts and en- urge that action on this Senate, and to bring up this legislation, debate it ergy. That is not the way our health hopefully these words will take heart vigorously, pass it and send it forward. care system should operate. and take hold. Our colleagues in the other body have With the Patients’ Bill of Rights, we Mr. President, I reserve the remain- done so. Now the challenge is with this will go a long way toward ensuring der of my time and yield the floor. body to move forward deliberately and that it doesn’t operate that way, that I suggest the absence of a quorum. purposefully to pass protections that there is an opportunity for high-qual- The PRESIDING OFFICER (Mr. will ensure quality health care and ac- ity care that is accessible and, indeed, BROWNBACK). The clerk will call the cess to all Americans. also affordable, because, frankly, there roll. There is a particular aspect of this is a lot of money being spent by these The legislative clerk proceeded to debate that I am extremely interested health care plans on administrators call the roll. in, which is ensuring that there are and bureaucrats. Maybe more could be Mr. ROTH. Mr. President, I ask unan- adequate protections in managed care directed to health care and to the imous consent that the order for the plans for children. Too often, children American citizens. quorum call be rescinded. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10099 The PRESIDING OFFICER. Without ing a meaningful Patients’ Bill of Mr. DASCHLE. I would be happy to objection, it is so ordered. Rights. More than 170 organizations yield to the Senator from Massachu- The Senator from Delaware is recog- wait for us to act tonight. Millions and setts. nized. millions of people who have high expec- Mr. KENNEDY. As the Senator has Mr. ROTH. I thank the Chair. tations about the possibility of real- pointed out, it is 7 o’clock this evening. (The remarks of Mr. ROTH pertaining istically dealing with this problem We had last evening, we will have to- to the introduction of S. 2453 are lo- wait for us to act tonight. morrow evening. There is no reason we cated in today’s RECORD under ‘‘State- I am disappointed, disappointed, No. can’t go from 7 to 10 or 10:30. The Sen- ments on Introduced Bills and Joint 1, that our Republican colleagues again ator remembers the times where we Resolutions.’’) would rather go home than do their have had these double sessions. They Mr. ROTH. Mr. President, I yield work, disappointed that legislation are not a very unusual process and pro- back the floor. which has now passed in the House lan- cedure. I will include in the RECORD to- Mr. DASCHLE addressed the Chair. guishes in the Senate without any hope morrow the instances when we have The PRESIDING OFFICER. The of passing unless we stay here tonight had these, generally at the end of ses- Democratic leader. or tomorrow night or the next night. sions, but they have been a two-track f And I am disappointed by what it process by which we deal with certain measures during the day and others UNANIMOUS CONSENT REQUEST— means in terms of the real prospects during the course of the evening. H.R. 4250 for accomplishment, the real prospects for getting something done, the real Does the Senator agree with me, for Mr. DASCHLE. Mr. President, I ask chance that we can leave and close example, on the Patients’ Bill of unanimous consent that when the Sen- down the 105th Congress feeling good Rights that if we took Tuesday and ate completes its legislative business about having addressed one of the most Wednesday and Thursday evenings and today, it then proceed to the consider- serious problems facing the American did it from 7 to 10, 10:30 probably this ation of Calendar No. 505, H.R. 4250, the people today. week, three different evenings, there House-passed HMO reform bill, that There are too many insurance com- would be a good opportunity where we only relevant amendments be in order, panies making decisions for doctors. could probably finish that legislation, and that the bill become the pending There are too many women who are or perhaps take one or more evenings business every day thereafter upon being turned out of hospitals too early. of next week to address the issues completion of legislative business. There are too many patients who are which the Senator has talked about. Mr. ROTH. Mr. President, I object. not being given the opportunity to We could have a good debate on the The PRESIDING OFFICER. Objec- choose their doctor. There are too question of minimum wage—whether it tion is heard. many people whose doctors prescribe a has been inflationary, whether there Mr. DASCHLE. Mr. President, the medicine only to be overturned by an has been loss of employment, the im- hour is again upon us, as it was last insurance company. pact on small employment, the various night. I suggested last night that we Mr. President, it goes on and on. The kinds of arguments that have been move to a second shift, that at approxi- problem we have is that unless we act, made—and we would be able to dispose mately 7 o’clock every night we take unless we are willing to do our work, of that in a fair and reasonable time, as up legislation our Republican col- unless we take this second shift, we well as the agriculture and farm issues, leagues say we don’t have time for dur- will never have the opportunity to pay equity, and other issues? ing the day. bring this important issue to closure. Does the Senator believe, if we knew I am very disappointed, once again, Obviously, there is one other way to now that we were going to do this, the that our Republican colleagues have do it, and that is to eat up the day membership would become engaged in objected to doing that. There is abso- throughout the day. We have already this legislation, particularly if we had lutely no reason why, with less than 6 indicated that if we can’t take a second notice that we were going to consider weeks left in the session, we leave this shift approach, then we have no other various legislation with due notice, in 2 Chamber at 10 minutes to 7. There is no recourse but to offer this legislation in or 3 nights we would consider X legisla- reason for that. How many businesses the form of an amendment on any vehi- tion, which is sort of a time-honored would survive with an incredible cle that comes along. Whatever bill way that we have proceeded here? Is amount of production in front of them may be pending, we will have no other that the kind of arrangement that the if they were to say: We are going to option but to offer it as an amendment, Senator is looking for so that the take off work early, we are not going and we will do that just as we have membership would have notice of the to work a second shift, we are not done it before. We will offer it on a bill legislation and we could have that kind going to work as if we are in a state of that will require our colleagues to of debate during the course of the eve- emergency, we are going to treat the vote. nings? Does the Senator think there is situation as business as usual? So it is not a question of avoiding the any other business that is more impor- Mr. President, that is what we are vote. We will either do it in a construc- tant for us to be involved in at this doing with the schedule right now. It is tive way on a second shift or we will do time than those issues which people remarkable to me that with little time it in a confrontational way during the have expressed an interest and concern left in the session, our Republican col- day on the first shift. But we are going about such as the Patients’ Bill of leagues are content to go home and in to do it. We have said that in the re- Rights issue? a sense tell the American people: Look, maining days of this session we must Mr. DASCHLE. I appreciate very we don’t have time to consider your have a vote on minimum wage, we much the question of the Senator from problems. We don’t have time to con- must have a vote on a Patients’ Bill of Massachusetts. The answer is, ‘‘No.’’ sider the importance of HMO reform or Rights, we must have a vote on cam- I know the Senator, who is a real stu- to pass a Patients’ Bill of Rights. We paign finance reform, we must have a dent of history and has a wealth of ex- don’t care; we are going home. vote on pay equity, and we must have perience, can go back to those occa- Mr. President, that ought not be the a vote on a series of amendments that sions over many, many years when we message we send the American people. will improve the crisis in agriculture have found nighttime debates to be the So that is why we have suggested today. Those are votes we must have, best debates because there are no inter- working a second shift. That is why we and we must find a way with which to ruptions. Why? Because Senators don’t have suggested coming to the Senate accommodate each other’s priorities to have to be in their offices with appoint- floor at this hour each evening to pick allow that to happen. ments and phone calls. They can be up where we left off the night before, to Again, let me express my disappoint- here on the Senate floor. If we are here, recognize that we will never be able to ment, my sorrow, my frustration at we get more interaction. address this and other serious problems our Republican colleagues’ unwilling- There have been some extraordinary unless we are willing to stay here and ness to cooperate with us. debates on the floor of the U.S. Senate do our work. We have worked hard to Mr. KENNEDY. Will the Senator after 7 o’clock at night. And the reason bring the Senate to the point of pass- yield? for that is because, oftentimes, we do S10100 CONGRESSIONAL RECORD — SENATE September 9, 1998 not have so many other tugs and pulls tients’ Bill of Rights, and probably Mr. KENNEDY. I thank the leader on our schedules. even some of those areas could be ac- for, again, his leadership in this impor- So, first of all, the Senator is right commodated by individual Members on tant area. Next time there is objection when he comments about the historical both sides who are really interested in to the proposal—the Republican leader- precedent for this approach. Second, he trying to reach a resolution? We could ship says we can’t afford the time for is correct that not only is it a common deal with these other measures— this; we can’t afford the time to debate Senate practice, but actually the qual- whether women are going to be in clin- it— it is going to ring very hollow after ity of the debate oftentimes is en- ical trials; whether we are going to we have seen the very reasonable re- hanced. Third, unless we do it this way, have appeals procedures; whether we quest of the leader to debate those I fear that we really are not going to are going to have gag rules—and the issues this evening. The Senator from have the opportunity to address the various other protections the Senator South Dakota has introduced the legis- issues, as the Senator from Massachu- mentioned earlier. lation. He is here tonight to debate it, setts has pointed out, that have the Doesn’t the Senator feel we could and I welcome the chance to join with highest priority when you ask the work that through in a reasonable pe- him in debating that. We are here American people what we should be ad- riod of time if we involved the Senate ready to go on this legislation. We dressing. in debate during these weekday nights? could do it this evening or any night Mr. DASCHLE. The Senator has So from the perspective of priority, this week. It is not satisfactory enough asked a couple of very good questions. from the perspective of quality, from for the American people, just to say, as The first question he asked is why we the perspective of history, the Senator the Republican leadership has, ‘‘No, we are quitting work at an hour that could from Massachusetts is correct. are not going to do this, and we are easily accommodate debate on impor- Mr. KENNEDY. I thank the Senator. going to refuse to permit this debate tant issues? I think the answer is, we Would he not agree with me that we and discussion.’’ That is not really in all appreciate a family-friendly envi- have a general understanding that the great traditions of this body. This ronment. We all enjoy being able to go Thursday nights are the late night in body was supposed to deal with the home to our families. By and large, in the Senate? We do that with the idea public interest, the unfinished agenda. the last couple of years, we have been that we hope we can finish various There is nothing more important able to do that. We have had a family- measures that may go on over to Fri- than protecting American families friendly legislative session that has ac- day out of consideration to some of from decisions being made by insur- commodated personal needs. I think those Senators who live in different ance companies rather than health pro- that is understandable, and for the parts, some distance away from the Na- fessionals. There is nothing more im- tion’s Capital, to try at least to accom- most part, I think I have supported it. I think there comes a time, though, portant, in terms of the health care of modate some of their interests. these families, before the Senate this So the idea that we have a night ses- when you get to this period at the end of the Congress—not the end of a ses- year. I think it is grossly unfair. sion is not really unique or special. sion, we are talking about the end of a So I commend, again, the leader for Members are here during the period of Congress. We have just a few weeks bringing this up. I know the leader will the week. They are on notice now. We left, and our work has to take priority. bring up the amendment. Then we will have just come back from a good break As the Senator noted, usually Thurs- hear from the other side, ‘‘Oh, my in the period of August, but we have a day nights have been nights where we goodness, we can’t do that; we can’t do limited time that is available. I must work late. What we are suggesting is this. It’s impossible to do it.’’ We could say, I fail to find an adequate response that we at least take Tuesday, Wednes- have done it this evening; probably last by the Republican leadership to the day and Thursday nights, for the bal- night and the other nights this week. I Senator’s eminently fair and reason- ance of the time that remains in this certainly join in supporting his efforts able proposal. It would seem to me we session, and use that time produc- to insist that we are going to debate ought to at least try it for a week, try tively. Let’s take 3 or 4 hours and see these, and we are going to reach resolu- it for a week or two and find out how what we can accomplish—particularly tion on these matters before we con- we are proceeding. We could consider on something as important as the Pa- clude. the Patients’ Bill of Rights, for exam- tients’ Bill of Rights. I thank the Senator. ple, a measure of enormous importance The second question is about the de- Mr. DASCHLE. I thank the Senator to the millions of families in this coun- gree to which we want to be able to from Massachusetts for his thoughtful try. We have been denied that oppor- offer amendments. I heard the Senator comments and for his willingness to tunity to have the debate. We have also compellingly speak about other bills engage in this colloquy. ways been told we cannot have that de- that have required hundreds of amend- I think the legislative history ought bate because we are not going to take ments, in some cases well over 100 to demonstrate that there are those of up a lot of the Senate’s time. amendments for bills of great import. us who truly want this issue resolved. The way I understand the leader’s We are not even asking for that, as the We really are prepared to put in the proposal is we might be able to do that Senator has noted. I think his chart time and effort to come to closure on in the evening time until we reach a points that out. what is the most important health conclusion on that so we would not There are categories for which there question facing this Congress, and that interfere with the appropriations legis- are legitimate differences of opinion. is, how do we deal with the array of lation. We want to be able to offer amend- problems we are facing in managed What is possibly the justification not ments in those areas, to be able to have care today. to do it? Are we saying our own per- a good debate and discuss them. But to No one has put more time and effort sonal requirements are of greater im- say you are going to be forced into this and leadership into this question than portance than trying to deal with the three-amendment limit with no ability the distinguished Senator from Massa- business of America’s families—wheth- to talk about all the very serious con- chusetts. I am grateful for the partner- er they are in South Dakota or in Mas- cerns is just unacceptable and does not ship and extraordinary effort he has sachusetts—who are very, very much do justice to the issue. They say we demonstrated and put forth in bringing affected by what we fail to do here in don’t have time for a full debate. We us to this point. reaching some resolution on the Pa- have 3 hours of time. They say we have Mr. President, unless there are fur- tients’ Bill of Rights? to limit ourselves to three amend- ther comments, I yield the floor, and I I do not know whether the leader had ments, even though other bills have suggest the absence of a quorum. an opportunity to see the list of the taken 150 amendments—we have the The PRESIDING OFFICER. The various parts of the Patients’ Bill of time. We have the interest. What is clerk will call the roll. Rights bill that I had on the floor a holding them up? No one can really an- The bill clerk proceeded to call the short time ago, but I know the Senator swer that for us. Obviously that is the roll. is very familiar with them. Doesn’t he perplexing question. The bill has Mr. LOTT. Mr. President, I ask unan- agree that probably 17 or 18 topic areas passed in the House. Why not debate it imous consent that the order for the are about it with regard to the Pa- here in the Senate as well? quorum call be rescinded. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10101 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sec. 324. Preferred payment of child support in objection, it is so ordered. question is on agreeing to the motion. chapter 13 proceedings. Sec. 325. Payment of child support required to f The motion was agreed to. obtain a discharge in chapter 13 f UNANIMOUS-CONSENT AGREE- proceedings. MENT—AMENDMENT NO. 3554 TO CONSUMER BANKRUPTCY REFORM Sec. 326. Child support and alimony collection. S. 2237 ACT OF 1998 Sec. 327. Nondischargeability of certain debts for alimony, maintenance, and Mr. LOTT. Mr. President, we have The PRESIDING OFFICER. The support. had a good deal of discussion about clerk will report the bill. Sec. 328. Enforcement of child and spousal sup- how to proceed tomorrow with regard The bill clerk read as follows: port. Sec. 329. Dependent child defined. to campaign finance reform, and I A bill (S. 1301) to amend title 11, United think we have something worked out States Code, to provide for consumer protec- TITLE IV—TECHNICAL CORRECTIONS here that is acceptable to all sides. I tion, and for other purposes. Sec. 401. Definitions. hoped there would be more time for The Senate proceeded to consider the Sec. 402. Adjustment of dollar amounts. Sec. 403. Extension of time. Senator MCCAIN and others to discuss bill, which had been reported from the Sec. 404. Who may be a debtor. the issue tomorrow, but there are some Committee on the Judiciary, with an Sec. 405. Penalty for persons who negligently or conflicts that we are trying to recog- amendment to strike all after the en- fraudulently prepare bankruptcy nize and accommodate. acting clause and inserting in lieu petitions. So I ask unanimous consent that at thereof the following: Sec. 406. Limitation on compensation of profes- 10 a.m. on Thursday, the Senate re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sional persons. Sec. 407. Special tax provisions. sume the pending McCain amendment, (a) SHORT TITLE.—This Act may be cited as Sec. 408. Effect of conversion. and the time between 10 a.m. and 12 the ‘‘Consumer Bankruptcy Reform Act of Sec. 409. Automatic stay. noon be equally divided in the usual 1998’’. Sec. 410. Amendment to table of sections. form for debate only. I further ask (b) TABLE OF CONTENTS.—The table of con- Sec. 411. Allowance of administrative expenses. unanimous consent that at 12 noon tents for this Act is as follows: Sec. 412. Priorities. Senator FEINGOLD be recognized to Sec. 1. Short title; table of contents. Sec. 413. Exemptions. offer a motion to table the pending TITLE I—NEEDS-BASED BANKRUPTCY Sec. 414. Exceptions to discharge. Sec. 415. Effect of discharge. Sec. 101. Conversion. amendment. Sec. 416. Protection against discriminatory Sec. 102. Dismissal or conversion. I further ask unanimous consent that treatment. if the amendment is not tabled, the TITLE II—ENHANCED PROCEDURAL Sec. 417. Property of the estate. time prior to 1:45 p.m. on Thursday be PROTECTIONS FOR CONSUMERS Sec. 418. Limitations on avoiding powers. equally divided in the usual form for Sec. 201. Allowance of claims or interests. Sec. 419. Preferences. debate only, and notwithstanding rule Sec. 202. Exceptions to discharge. Sec. 420. Postpetition transactions. XXII, the cloture vote occur at 1:45 Sec. 203. Effect of discharge. Sec. 421. Technical amendment. Sec. 204. Automatic stay. Sec. 422. Setoff. p.m. on Thursday. Sec. 423. Disposition of property of the estate. The PRESIDING OFFICER. Without Sec. 205. Discharge. Sec. 206. Discouraging predatory lending prac- Sec. 424. General provisions. objection, it is so ordered. tices. Sec. 425. Appointment of elected trustee. f Sec. 426. Abandonment of railroad line. TITLE III—IMPROVED PROCEDURES FOR Sec. 427. Contents of plan. CONSUMER BANKRUPTCY REFORM EFFICIENT ADMINISTRATION OF THE Sec. 428. Discharge under chapter 12. ACT OF 1998—MOTION TO PROCEED BANKRUPTCY SYSTEM Sec. 429. Extensions. Sec. 301. Notice of alternatives. Mr. LOTT. Mr. President, I also just Sec. 430. Bankruptcy cases and proceedings. Sec. 302. Fair treatment of secured creditors Sec. 431. Knowing disregard of bankruptcy law discussed with Senator DASCHLE the under chapter 13. or rule. possibilities of working out a procedure Sec. 303. Discouragement of bad faith repeat fil- Sec. 432. Effective date; application of amend- that we could take up the bankruptcy ings. ments. reform, allow for amendments to be of- Sec. 304. Timely filing and confirmation of TITLE I—NEEDS-BASED BANKRUPTCY fered, and get some sort of understand- plans under chapter 13. Sec. 305. Application of the codebtor stay only SEC. 101. CONVERSION. ing about what those amendments Section 706(c) of title 11, United States Code, would be and the time that might be when the stay protects the debtor. Sec. 306. Improved bankruptcy statistics. is amended by inserting ‘‘or consents to’’ after involved. There are a number of Sen- Sec. 307. Audit procedures. ‘‘requests’’. ators who are interested in this legisla- Sec. 308. Creditor representation at first meet- SEC. 102. DISMISSAL OR CONVERSION. tion on both sides of the aisle—Senator ing of creditors. (a) IN GENERAL.—Section 707 of title 11, GRASSLEY obviously, Senator HATCH, Sec. 309. Fair notice for creditors in chapter 7 United States Code, is amended— Senator DURBIN; Senator KENNEDY has and 13 cases. (1) by striking the section heading and insert- an amendment he wants to offer. Sec. 310. Stopping abusive conversions from ing the following: I had not seen any movement earlier chapter 13. ‘‘§ 707. Dismissal of a case or conversion to a than this afternoon toward working Sec. 311. Prompt relief from stay in individual case under chapter 13’’; something out, but I believe now that cases. and Sec. 312. Dismissal for failure to timely file there will be a good-faith effort to see (2) in subsection (b)— schedules or provide required in- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and if we can work out some sort of agree- formation. (B) in paragraph (1), as redesignated by sub- ment that we will come together on to- Sec. 313. Adequate time for preparation for a paragraph (A) of this paragraph— morrow. But so that we can get the hearing on confirmation of the (i) in the first sentence— matter laid down in the proper way, plan. (I) by striking ‘‘but not’’ and inserting ‘‘or’’; and so that there can be protections for Sec. 314. Discharge under chapter 13. (II) by inserting ‘‘, or, with the debtor’s con- all concerned until we get an agree- Sec. 315. Nondischargeable debts. sent, convert such a case to a case under chap- ment worked out, I want to go ahead Sec. 316. Credit extensions on the eve of bank- ter 13 of this title,’’ after ‘‘consumer debts’’; and ruptcy presumed nondischarge- (III) by striking ‘‘substantial abuse’’ and in- and do this procedure. But if we get an able. serting ‘‘abuse’’; and agreement worked out, obviously I Sec. 317. Definition of household goods and an- (ii) by striking the last sentence and inserting would move to vitiate it. I really would tiques. the following: like to get bankruptcy reform done, Sec. 318. Relief from stay when the debtor does ‘‘(2) In considering under paragraph (1) but I think we need some sort of rea- not complete intended surrender whether the granting of relief would be an sonable agreement in order to accom- of consumer debt collateral. abuse of the provisions of this chapter, the court plish that and in order to not go for- Sec. 319. Adequate protection of lessors and shall consider whether— ward with the cloture vote. purchase money secured creditors. ‘‘(A) under section 1325(b)(1), on the basis of Sec. 320. Limitation. the current income of the debtor, the debtor So I understand that there is no fur- Sec. 321. Miscellaneous improvements. could pay an amount greater than or equal to 20 ther need for debate on the pending Sec. 322. Bankruptcy judgeships. percent of unsecured claims that are not consid- motion, and I ask the Chair to put the Sec. 323. Preferred payment of child support in ered to be priority claims (as determined under question. chapter 7 proceedings. subchapter I of chapter 5); or S10102 CONGRESSIONAL RECORD — SENATE September 9, 1998 ‘‘(B) the debtor filed a petition for the relief in SEC. 202. EXCEPTIONS TO DISCHARGE. able alternative repayment schedule (including bad faith. Section 523 of title 11, United States Code, is making an offer of a reasonable alternative re- ‘‘(3)(A) If a panel trustee appointed under amended— payment schedule); and section 586(a)(1) of title 28 brings a motion for (1) in subsection (a)(2)(A), by striking ‘‘a false ‘‘(ii) that creditor refused to negotiate an al- dismissal or conversion under this subsection representation’’ and inserting ‘‘a material false ternative payment schedule, and that refusal and the court grants that motion and finds that representation upon which the defrauded per- was not reasonable. the action of the counsel for the debtor in filing son justifiably relied’’; and ‘‘(B) For purposes of this paragraph, the debt- under this chapter was not substantially justi- (2) by striking subsection (d) and inserting the or shall have the burden of proof of establishing fied, the court shall order the counsel for the following: that— debtor to reimburse the trustee for all reasonable ‘‘(d)(1) Subject to paragraph (3), if a creditor ‘‘(i) an offer made by that debtor under sub- costs in prosecuting the motion, including rea- requests a determination of dischargeability of a paragraph (A)(i) was reasonable; and sonable attorneys’ fees. consumer debt under this section and that debt ‘‘(ii) the refusal to negotiate by the creditor ‘‘(B) If the court finds that the attorney for is discharged, the court shall award the debtor involved to was not reasonable.’’; and the debtor violated Rule 9011, at a minimum, the reasonable attorneys’ fees and costs. (2) by adding at the end the following: court shall order— ‘‘(2) In addition to making an award to a ‘‘(f)(1) The court may award the debtor rea- ‘‘(i) the assessment of an appropriate civil debtor under paragraph (1), if the court finds sonable attorneys’ fees and costs in any case in penalty against the counsel for the debtor; and that the position of a creditor in a proceeding which a creditor files a motion to deny relief to ‘‘(ii) the payment of the civil penalty to the covered under this section is not substantially a debtor under this section and that motion— panel trustee or the United States trustee. justified, the court may award reasonable attor- ‘‘(A) is denied; or ‘‘(C) In the case of a petition referred to in neys’ fees and costs under paragraph (1) and ‘‘(B) is withdrawn after the debtor has re- subparagraph (B), the signature of an attorney such damages as may be required by the equities plied. shall constitute a certificate that the attorney of the case. ‘‘(2) If the court finds that the position of a has— ‘‘(3)(A) A creditor may not request a deter- party filing a motion under this section is not ‘‘(i) performed a reasonable investigation into mination of dischargeability of a consumer debt substantially justified, the court may assess the circumstances that gave rise to the petition; under subsection (a)(2) if— against the creditor such damages as may be re- and ‘‘(i) before the filing of the petition, the debtor quired by the equities of the case.’’. ‘‘(ii) determined that the petition— made a good faith effort to negotiate a reason- SEC. 206. DISCOURAGING PREDATORY LENDING ‘‘(I) is well grounded in fact; and able alternative repayment schedule (including PRACTICES. ‘‘(II) is warranted by existing law or a good making an offer of a reasonable alternative re- Section 502(b) of title 11, United States Code, faith argument for the extension, modification, payment schedule); and is amended— or reversal of existing law and does not con- ‘‘(ii) that creditor refused to negotiate an al- (1) in paragraph (8), by striking ‘‘or’’ at the stitute an abuse under paragraph (1) of this ternative payment schedule, and that refusal end; subsection. was not reasonable. (2) in paragraph (9), by striking the period at ‘‘(4)(A) Except as provided in subparagraph ‘‘(B) For purposes of this paragraph, the debt- the end and inserting ‘‘; or’’; and (B), the court may award a debtor all reason- or shall have the burden of proof of establishing (3) by adding at the end the following: able costs in contesting a motion brought by a that— ‘‘(10) the claim is based on a secured debt if party in interest (other than a panel trustee) ‘‘(i) an offer made by that debtor under sub- the creditor has failed to comply with the re- under this subsection (including reasonable at- paragraph (A)(i) was reasonable; and quirements of subsection (a), (b), (c), (d), (e), (f), torneys’ fees) if— ‘‘(ii) the refusal to negotiate by the creditor (g), (h), or (i) of section 129 of the Truth in ‘‘(i) the court does not grant the motion; and involved to was not reasonable.’’. Lending Act (15 U.S.C. 1639).’’. ‘‘(ii) the court finds that— SEC. 203. EFFECT OF DISCHARGE. TITLE III—IMPROVED PROCEDURES FOR ‘‘(I) the position of the party that brought the Section 524 of title 11, United States Code, is EFFICIENT ADMINISTRATION OF THE motion was not substantially justified; or amended by adding at the end the following: BANKRUPTCY SYSTEM ‘‘(II) the party brought the motion solely for ‘‘(i) The willful failure of a creditor to credit SEC. 301. NOTICE OF ALTERNATIVES. the purpose of coercing a debtor into waiving a payments received under a plan confirmed right guaranteed to the debtor under this title. (a) IN GENERAL.—Section 342 of title 11, under this title (including a plan of reorganiza- United States Code, is amended by striking sub- ‘‘(B) A party in interest that has a claim of an tion confirmed under chapter 11 of this title) in aggregate amount less than $1,000 shall not be section (b) and inserting the following: the manner required by the plan (including ‘‘(b) Before the commencement of a case under subject to subparagraph (A). crediting the amounts required under the plan) ‘‘(5) However, a party in interest may not this title by an individual whose debts are pri- shall constitute a violation of an injunction marily consumer debts, that individual shall be bring a motion under this section if the debtor under subsection (a)(2). and the debtor’s spouse combined, as of the date given or obtain (as required in section 521(a)(1), ‘‘(j) An individual who is injured by the fail- as part of the certification process under sub- of the order for relief, have current monthly ure of a creditor to comply with the require- total income equal to or less than the national chapter 1 of chapter 5) a written notice pre- ments for a reaffirmation agreement under sub- scribed by the United States trustee for the dis- median household monthly income calculated on sections (c) and (d), or by any willful violation a monthly basis for a household of equal size. trict in which the petition is filed pursuant to of the injunction under subsection (a)(2), shall section 586 of title 28. The notice shall contain However, for a household of more than 4 indi- be entitled to recover— viduals, the median income shall be that of a the following: ‘‘(1) the greater of— ‘‘(1) A brief description of chapters 7, 11, 12, household of 4 individuals plus $583 for each ad- ‘‘(A)(i) the amount of actual damages; multi- ditional member of that household.’’. and 13 and the general purpose, benefits, and plied by costs of proceeding under each of those chap- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(ii) 3; or ters. tions at the beginning of chapter 7 of title 11, ‘‘(B) $5,000; and ‘‘(2) A brief description of services that may be United States Code, is amended by striking the ‘‘(2) costs and attorneys’ fees.’’. item relating to section 707 and inserting the fol- available to that individual from an independ- SEC. 204. AUTOMATIC STAY. lowing: ent nonprofit debt counseling service. Section 362(h) of title 11, United States Code, ‘‘(3)(A) The name, address, and telephone ‘‘707. Dismissal of a case or conversion to a case is amended to read as follows: number of each nonprofit debt counseling serv- under chapter 13.’’. ‘‘(h)(1) An individual who is injured by any ice with an office located in the district in TITLE II—ENHANCED PROCEDURAL willful violation of a stay provided in this sec- which the petition is filed, if any. PROTECTIONS FOR CONSUMERS tion shall be entitled to recover— ‘‘(B) Any nonprofit debt counseling service SEC. 201. ALLOWANCE OF CLAIMS OR INTERESTS. ‘‘(A) actual damages; and described in subparagraph (A) that has reg- Section 502 of title 11, United States Code, is ‘‘(B) reasonable costs, including attorneys’ istered with the clerk of the bankruptcy court amended by adding at the end the following: fees. on or before December 10 of the preceding year ‘‘(k)(1) The court may award the debtor rea- ‘‘(2) In addition to recovering actual damages, shall be included in the list referred to in that sonable attorneys’ fees and costs if, after an ob- costs, and attorneys’ fees under paragraph (1), clause, unless the chief bankruptcy judge of the jection is filed by a debtor, the court— an individual described in paragraph (1) may district involved, after giving notice to the debt ‘‘(A)(i) disallows the claim; or recover punitive damages in appropriate cir- counseling service and the United States trustee ‘‘(ii) reduces the claim by an amount greater cumstances.’’. and opportunity for a hearing, orders, for good than 20 percent of the amount of the initial SEC. 205. DISCHARGE. cause, that a particular debt counseling service claim filed by a party in interest; and Section 727 of title 11, United States Code, is shall not be so listed.’’. ‘‘(B) finds the position of the party filing the amended— (b) DEBTOR’S DUTIES.—Section 521 of title 11, claim is not substantially justified. (1) in subsection (c), by adding at the end the United States Code, is amended— ‘‘(2) If the court finds that the position of a following: (1) by inserting ‘‘(a)’’ before ‘‘The debtor claimant under this section is not substantially ‘‘(3)(A) A creditor may not request a deter- shall—’’; justified, the court may, in addition to awarding mination of dischargeability of a consumer debt (2) by striking paragraph (1) and inserting the a debtor reasonable attorneys’ fees and costs under subsection (a) if— following: under paragraph (1), award such damages as ‘‘(i) before the filing of the petition, the debtor ‘‘(1) file— may be required by the equities of the case.’’. made a good faith effort to negotiate a reason- ‘‘(A) a list of creditors; and September 9, 1998 CONGRESSIONAL RECORD — SENATE S10103 ‘‘(B) unless the court orders otherwise— spection and copying, subject to the require- (5) by striking ‘‘(B) the time’’ and inserting ‘‘(i) a schedule of assets and liabilities; ments of subsection (e). ‘‘(ii) the time’’; and ‘‘(ii) a schedule of current income and current ‘‘(e)(1) Not later than 30 days after the date of (6) by adding at the end the following: expenditures; enactment of the Consumer Bankruptcy Reform ‘‘(2) Except as provided in subsections (d) ‘‘(iii) a statement of the debtor’s financial af- Act of 1998, the Director of the Administrative through (f), the stay under subsection (a) with fairs and, if applicable, a certificate— Office of the United States Courts shall estab- respect to any action taken with respect to a ‘‘(I) of an attorney whose name is on the peti- lish procedures for safeguarding the confiden- debt or property securing such debt or with re- tion as the attorney for the debtor or any bank- tiality of any tax information required to be prospect to any lease shall terminate with respect ruptcy petition preparer signing the petition vided under this section. to the debtor on the 30th day after the filing of pursuant to section 110(b)(1) indicating that ‘‘(2) The procedures under paragraph (1) shall the later case if— such attorney or bankruptcy petition preparer include restrictions on creditor access to tax in- ‘‘(A) a single or joint case is filed by or delivered to the debtor any notice required by formation that is required to be provided under against an individual debtor under chapter 7, section 342(b); or this section. 11, or 13; and ‘‘(II) if no attorney for the debtor is indicated ‘‘(3) Not later than 1 year after the date of en- ‘‘(B) a single or joint case of that debtor and no bankruptcy petition preparer signed the actment of the Consumer Bankruptcy Reform (other than a case refiled under a chapter other petition, of the debtor that such notice was ob- Act of 1998, the Director of the Administrative than chapter 7 after dismissal under section tained and read by the debtor; Office of the United States Courts shall prepare, 707(b)) was pending during the preceding year ‘‘(iv) copies of any Federal tax returns, in- and submit to Congress a report that— but was dismissed. cluding any schedules or attachments, filed by ‘‘(A) assesses the effectiveness of the proce- ‘‘(3) If a party in interest so requests, the the debtor for the 3-year period preceding the dures under paragraph (1); and court may extend the stay in a particular case order for relief; ‘‘(B) if appropriate, includes proposed legisla- with respect to 1 or more creditors (subject to ‘‘(v) copies of all payment advices or other tion— such conditions or limitations as the court may evidence of payment, if any, received by the ‘‘(i) to further protect the confidentiality of impose) after providing notice and a hearing debtor from any employer of the debtor in the tax information; and completed before the expiration of the 30-day pe- period 60 days prior to the filing of the petition; ‘‘(ii) to provide penalties for the improper use riod described in paragraph (2) only if the party ‘‘(vi) a statement of the amount of projected by any person of the tax information required to in interest demonstrates that the filing of the monthly net income, itemized to show how cal- be provided under this section.’’. later case is in good faith with respect to the culated; and (c) TITLE 28.—Section 586(a) of title 28, United creditors to be stayed. ‘‘(vii) a statement disclosing any reasonably States Code, is amended— ‘‘(4) A case shall be presumed to have not been anticipated increase in income or expenditures (1) in paragraph (5), by striking ‘‘and’’ at the filed in good faith (except that such presump- over the 12-month period following the date of end; tion may be rebutted by clear and convincing filing;’’; and (2) in paragraph (6), by striking the period at evidence to the contrary)— (3) by adding at the end the following: the end and inserting ‘‘; and’’; and ‘‘(A) with respect to the creditors involved, ‘‘(b)(1) At any time, a creditor, in the case of (3) by adding at the end the following: if— an individual under chapter 7 or 13, may file ‘‘(7) on or before January 1 of each calendar ‘‘(i) more than 1 previous case under any of with the court notice that the creditor requests year, and also not later than 30 days after any chapters 7, 11, or 13 in which the individual was the petition, schedules, and a statement of af- change in the nonprofit debt counseling services a debtor was pending during the 1-year period fairs filed by the debtor in the case and the registered with the bankruptcy court, prescribe described in paragraph (1); court shall make those documents available to and make available on request the notice de- ‘‘(ii) a previous case under any of chapters 7, the creditor who requests those documents. scribed in section 342(b)(3) of title 11 for each 11, or 13 in which the individual was a debtor ‘‘(2) At any time, a creditor, in a case under district included in the region.’’. was dismissed within the period specified in chapter 13, may file with the court notice that SEC. 302. FAIR TREATMENT OF SECURED CREDI- paragraph (2) after— the creditor requests the plan filed by the debtor TORS UNDER CHAPTER 13. ‘‘(I) the debtor, after having received from the in the case and the court shall make that plan (a) RESTORING THE FOUNDATION FOR SECURED court a request to do so, failed to file or amend available to the creditor who requests that plan. CREDIT.—Section 1325(a) of title 11, United the petition or other documents as required by ‘‘(c) An individual debtor in a case under States Code, is amended— this title; or ‘‘(II) the debtor, without substantial excuse, chapter 7 or 13 shall file with the court— (1) in paragraph (5), by striking the matter failed to perform the terms of a plan that was ‘‘(1) at the time filed with the taxing author- preceding subparagraph (A) and inserting the confirmed by the court; or ity, all tax returns, including any schedules or following: ‘‘(iii)(I) during the period commencing with attachments, with respect to the period from the ‘‘(5) with respect to an allowed claim provided the dismissal of the next most previous case commencement of the case until such time as the for by the plan that is secured under applicable under chapter 7, 11, or 13 there has not been a case is closed; nonbankruptcy law by reason of a lien on prop- substantial change in the financial or personal ‘‘(2) at the time filed with the taxing author- erty in which the estate has an interest or is subject to a setoff under section 553—’’; and affairs of the debtor; ity, all tax returns, including any schedules or ‘‘(II) if the case is a chapter 7 case, there is no attachments, that were not filed with the taxing (2) by adding at the end of the subsection the following flush sentence: other reason to conclude that the later case will authority when the schedules under subsection be concluded with a discharge; or (a)(1) were filed with respect to the period that ‘‘For purposes of paragraph (5), section 506 ‘‘(III) if the case is a chapter 11 or 13 case, is 3 years before the order for relief; shall not apply to a claim described in that there is not a confirmed plan that will be fully ‘‘(3) any amendments to any of the tax re- paragraph.’’. performed; and turns, including schedules or attachments, de- (b) PAYMENT OF HOLDERS OF CLAIMS SECURED ‘‘(B) with respect to any creditor that com- scribed in paragraph (1) or (2); and BY LIENS.—Section 1325(a)(5)(B)(i) of title 11, menced an action under subsection (d) in a pre- ‘‘(4) in a case under chapter 13, a statement United States Code, is amended to read as fol- vious case in which the individual was a debtor, subject to the penalties of perjury by the debtor lows: if, as of the date of dismissal of that case, that of the debtor’s income and expenditures in the ‘‘(B)(i) the plan provides that the holder of action was still pending or had been resolved by preceding tax year and monthly income, that such claim retain the lien securing such claim terminating, conditioning, or limiting the stay shows how the amounts are calculated— until the debt that is the subject of the claim is with respect to actions of that creditor. ‘‘(A) beginning on the date that is the later of fully paid for, as provided under the plan; ‘‘(5)(A) If a request is made for relief from the 90 days after the close of the debtor’s tax year and’’. stay under subsection (a) with respect to real or or 1 year after the order for relief, unless a plan (c) DETERMINATION OF SECURED STATUS.—Sec- personal property of any kind, and the request has been confirmed; and tion 506 of title 11, United States Code, is is granted in whole or in part, the court may, in ‘‘(B) thereafter, on or before the date that is amended by adding at the end the following: addition to making any other order under this 45 days before each anniversary of the con- ‘‘(e) Subsection (a) shall not apply to an al- subsection, order that the relief so granted shall firmation of the plan until the case is closed. lowed claim to the extent attributable in whole be in rem either— ‘‘(d)(1) A statement referred to in subsection or in part to the purchase price of personal ‘‘(i) for a definite period of not less than 1 (c)(4) shall disclose— property acquired by the debtor during the 90- year; or ‘‘(A) the amount and sources of income of the day period preceding the date of filing of the pe- ‘‘(ii) indefinitely. debtor; tition.’’. ‘‘(B)(i) After an order is issued under sub- ‘‘(B) the identity of any persons responsible SEC. 303. DISCOURAGEMENT OF BAD FAITH RE- paragraph (A), the stay under subsection (a) with the debtor for the support of any depend- PEAT FILINGS. shall not apply to any property subject to such ents of the debtor; and Section 362(c) of title 11, United States Code, an in rem order in any case of the debtor. ‘‘(C) the identity of any persons who contrib- is amended— ‘‘(ii) If an in rem order issued under subpara- uted, and the amount contributed, to the house- (1) by inserting ‘‘(1)’’ before ‘‘Except as’’; graph (A) so provides, the stay shall, in addi- hold in which the debtor resides. (2) by striking ‘‘(1) the stay’’ and inserting tion to being inapplicable to the debtor involved, ‘‘(2) The tax returns, amendments, and state- ‘‘(A) the stay’’; not apply with respect to an entity under this ment of income and expenditures described in (3) by striking ‘‘(2) the stay’’ and inserting title if— paragraph (1) shall be available to the United ‘‘(B) the stay’’; ‘‘(I) the entity had reason to know of the States trustee, any bankruptcy administrator, (4) by striking ‘‘(A) the time’’ and inserting order at the time that the entity obtained an in- any trustee, and any party in interest for in- ‘‘(i) the time’’; terest in the property affected; or S10104 CONGRESSIONAL RECORD — SENATE September 9, 1998 ‘‘(II) the entity was notified of the commence- gress a report concerning the information col- independent licensed public accountants. Those ment of the proceeding for relief from the stay, lected under subsection (a) that contains an procedures shall— and at the time of the notification, no case in analysis of the information. ‘‘(i) establish a method of selecting appro- which the entity was a debtor was pending. ‘‘(c) The compilation required under sub- priate qualified persons to contract with the ‘‘(6) For purposes of this section, a case is section (b) shall— United States trustee to perform those audits; pending during the period beginning with the ‘‘(1) be itemized, by chapter, with respect to ‘‘(ii) establish a method of randomly selecting issuance of the order for relief and ending at title 11; cases to be audited according to generally ac- such time as the case involved is closed.’’. ‘‘(2) be presented in the aggregate and for cepted auditing standards, except that not less SEC. 304. TIMELY FILING AND CONFIRMATION OF each district; and than 1 out of every 500 cases in each Federal ju- PLANS UNDER CHAPTER 13. ‘‘(3) include information concerning— dicial district shall be selected for audit; (a) FILING OF PLAN.—Section 1321 of title 11, ‘‘(A) the total assets and total liabilities of the ‘‘(iii) require audits for schedules of income United States Code, is amended to read as fol- debtors described in subsection (a), and in each and expenses which reflect greater than average lows: category of assets and liabilities, as reported in variances from the statistical norm of the dis- ‘‘§ 1321. Filing of plan the schedules prescribed pursuant to section trict in which the schedules were filed; and 2075 of this title and filed by those debtors; ‘‘The debtor shall file a plan not later than 90 ‘‘(iv) establish procedures for— ‘‘(B) the current total monthly income, pro- days after the order for relief under this chap- ‘‘(I) reporting the results of those audits and jected monthly net income, and average income ter, except that the court may extend such pe- any material misstatement of income, expendi- and average expenses of those debtors as re- riod if the need for an extension is attributable tures, or assets of a debtor to the Attorney Gen- ported on the schedules and statements that to circumstances for which the debtor should eral, the United States Attorney and the court, each such debtor files under sections 111, 521, not justly be held accountable.’’. as appropriate; and 1322 of title 11; (b) CONFIRMATION OF HEARING.—Section 1324 ‘‘(C) the aggregate amount of debt discharged ‘‘(II) providing, not less frequently than an- of title 11, United States Code, is amended by in the reporting period, determined as the dif- nually, public information concerning the ag- adding at the end the following: ‘‘That hearing ference between the total amount of debt and gregate results of such audits including the per- shall be held not later than 45 days after the fil- obligations of a debtor reported on the schedules centage of cases, by district, in which a material ing of the plan, unless the court, after providing and the amount of such debt reported in cat- misstatement of income or expenditures is re- notice and a hearing, orders otherwise.’’. egories which are predominantly nondischarge- ported; and SEC. 305. APPLICATION OF THE CODEBTOR STAY able; ‘‘(III) fully funding those audits, including ONLY WHEN THE STAY PROTECTS ‘‘(D) the average period of time between the procedures requiring each debtor with sufficient THE DEBTOR. available income or assets to contribute to the Section 1301(b) of title 11, United States Code, filing of the petition and the closing of the case; ‘‘(E) for the reporting period— payment for those audits, as an administrative is amended— ‘‘(i) the number of cases in which a reaffirma- expense or otherwise. (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘(2) The United States trustee for each district (2) by adding at the end the following: tion was filed; and is authorized to contract with auditors to per- ‘‘(2)(A) Notwithstanding subsection (c) and ‘‘(ii)(I) the total number of reaffirmations form audits in cases designated by the United except as provided in subparagraph (B), in any filed; States trustee according to the procedures estab- case in which the debtor did not receive the con- ‘‘(II) of those cases in which a reaffirmation lished under paragraph (1). sideration for the claim held by a creditor, the was filed, the number in which the debtor was stay provided by subsection (a) shall apply to not represented by an attorney; and ‘‘(3) According to procedures established that creditor for a period not to exceed 30 days ‘‘(III) of those cases, the number of cases in under paragraph (1), upon request of a duly ap- beginning on the date of the order for relief, to which the reaffirmation was approved by the pointed auditor, the debtor shall cause the ac- the extent the creditor proceeds against— court; counts, papers, documents, financial records, ‘‘(i) the individual that received that consider- ‘‘(F) with respect to cases filed under chapter files and all other papers, things, or property ation; or 13 of title 11, for the reporting period— belonging to the debtor as the auditor requests ‘‘(ii) property not in the possession of the ‘‘(i)(I) the number of cases in which a final and that are reasonably necessary to facilitate debtor that secures that claim. order was entered determining the value of the audit to be made available for inspection ‘‘(B) Notwithstanding subparagraph (A), the property securing a claim in an amount less and copying. stay provided by subsection (a) shall apply in than the amount of the claim; and ‘‘(4)(A) The report of each audit conducted any case in which the debtor is primarily obli- ‘‘(II) the number of final orders determining under this subsection shall be filed with the gated to pay the creditor in whole or in part the value of property securing a claim issued; court, the Attorney General, and the United with respect to a claim described in subpara- ‘‘(ii) the number of cases dismissed for failure States Attorney, as required under procedures graph (A) under a legally binding separation or to make payments under the plan; and established by the Attorney General under para- property settlement agreement or divorce or dis- ‘‘(iii) the number of cases in which the debtor graph (1). solution decree with respect to— filed another case within the 6 years previous to ‘‘(B) If a material misstatement of income or ‘‘(i) an individual described in subparagraph the filing; and expenditures or of assets is reported under sub- (A)(i); or ‘‘(G) the extent of creditor misconduct and paragraph (A), a statement specifying that ‘‘(ii) property described in subparagraph any amount of punitive damages awarded by misstatement shall be filed with the court and (A)(ii). the court for creditor misconduct.’’. the United States trustee shall— ‘‘(3) Notwithstanding subsection (c), the stay (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(i) give notice thereof to the creditors in the provided by subsection (a) shall terminate as of tions at the beginning of chapter 6 of title 28, case; and the date of confirmation of the plan, in any case United States Code, is amended by adding at the ‘‘(ii) in an appropriate case, in the opinion of in which the plan of the debtor provides that end the following: the United States trustee, that requires inves- the debtor’s interest in personal property subject ‘‘159. Bankruptcy statistics.’’. tigation with respect to possible criminal viola- to a lease with respect to which the debtor is the (c) EFFECTIVE DATE.—The amendments made tions, the United States Attorney for the dis- lessee will be surrendered or abandoned or no by this section shall take effect 18 months after trict.’’. payments will be made under the plan on ac- the date of enactment of this Act. (b) EFFECTIVE DATE.—The amendments made count of the debtor’s obligations under the SEC. 307. AUDIT PROCEDURES. by this section shall take effect 18 months after lease.’’. (a) AMENDMENTS.—Section 586 of title 28, the date of enactment of this Act. SEC. 306. IMPROVED BANKRUPTCY STATISTICS. United States Code, is amended— SEC. 308. CREDITOR REPRESENTATION AT FIRST (a) AMENDMENT.—Chapter 6 of part I of title (1) in subsection (a), as amended by section MEETING OF CREDITORS. 28, United States Code, is amended by adding at 301 of this Act, by striking paragraph (6) and Section 341(c) of title 11, United States Code, the end the following: inserting the following: is amended by inserting after the first sentence ‘‘§ 159. Bankruptcy statistics ‘‘(6) make such reports as the Attorney Gen- the following: ‘‘Notwithstanding any local court ‘‘(a) The clerk of each district shall compile eral directs, including the results of audits per- rule, provision of a State constitution, any other statistics regarding individual debtors with pri- formed under subsection (f); and’’; and Federal or State law that is not a bankruptcy marily consumer debts seeking relief under (2) by adding at the end the following: law, or other requirement that representation at chapters 7, 11, and 13 of title 11. Those statistics ‘‘(f)(1)(A) The Attorney General shall estab- the meeting of creditors under subsection (a) be shall be in a form prescribed by the Director of lish procedures for the auditing of the accuracy by an attorney, a creditor holding a consumer the Administrative Office of the United States and completeness of petitions, schedules, and debt or any representative of the creditor (which Courts (referred to in this section as the ‘Of- other information which the debtor is required may include an entity or an employee of an en- fice’). to provide under sections 521 and 1322 of title 11, tity and may be a representative for more than ‘‘(b) The Director shall— and, if applicable, section 111 of title 11, in indi- one creditor) shall be permitted to appear at and ‘‘(1) compile the statistics referred to in sub- vidual cases filed under chapter 7 or 13 of such participate in the meeting of creditors in a case section (a); title. under chapter 7 or 13, either alone or in con- ‘‘(2) make the statistics available to the pub- ‘‘(B) The audits described in subparagraph junction with an attorney for the creditor. lic; and (A) shall be made in accordance with generally Nothing in this subsection shall be construed to ‘‘(3) not later than October 31, 1998, and an- accepted auditing standards and performed by require any creditor to be represented by an at- nually thereafter, prepare, and submit to Con- independent certified public accountants or torney at any meeting of creditors.’’. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10105 SEC. 309. FAIR NOTICE FOR CREDITORS IN CHAP- plicable nonbankruptcy law has been paid in ‘‘(14A) incurred to pay a debt that is non- TER 7 AND 13 CASES. full as of the date of conversion, notwithstand- dischargeable by reason of section 727, 1141, 1228 Section 342 of title 11, United States Code, is ing any valuation or determination of the (a) or (b), or 1328(b), or any other provision of amended— amount of an allowed secured claim made for this subsection, except for any debt incurred to (1) in subsection (c), by striking ‘‘, but the the purposes of the chapter 13 proceeding.’’. pay such a nondischargeable debt in any case in failure of such notice to contain such informa- SEC. 311. PROMPT RELIEF FROM STAY IN INDI- which— tion shall not invalidate the legal effect of such VIDUAL CASES. ‘‘(A)(i) the debtor who paid the nondischarge- notice’’; and Section 362(e) of title 11, United States Code, able debt is a single parent who has 1 or more (2) by adding at the end the following: is amended— dependent children at the time of the order for ‘‘(d)(1) If the credit agreement between the (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and relief; or debtor and the creditor or the last communica- (2) by adding at the end the following: ‘‘(ii) there is an allowed claim for alimony to, tion before the filing of the petition in a vol- ‘‘(2) Notwithstanding paragraph (1), in the maintenance for, or support of a spouse, former untary case from the creditor to a debtor who is case of an individual filing under chapter 7, 11, spouse, or child of the debtor payable under a an individual states an account number of the or 13, the stay under subsection (a) shall termi- judicial or administrative order to that spouse or debtor that is the current account number of the nate on the date that is 60 days after a request child (but not to any other person) that was un- debtor with respect to any debt held by the cred- is made by a party in interest under subsection paid by the debtor as of the date of the petition; itor against the debtor, the debtor shall include (d), unless— and that account number in any notice to the credi- ‘‘(A) a final decision is rendered by the court ‘‘(B) the creditor is unable to demonstrate tor required to be given under this title. during the 60-day period beginning on the date that the debtor intentionally incurred the debt ‘‘(2) If the creditor has specified to the debtor, of the request; or to pay the nondischargeable debt;’’. in the last communication before the filing of ‘‘(B) that 60-day period is extended— SEC. 316. CREDIT EXTENSIONS ON THE EVE OF the petition, an address at which the creditor ‘‘(i) by agreement of all parties in interest; or BANKRUPTCY PRESUMED NON- wishes to receive correspondence regarding the ‘‘(ii) by the court for such specific period of DISCHARGEABLE. debtor’s account, any notice to the creditor re- time as the court finds is required for good Section 523(a)(2) of title 11, United States quired to be given by the debtor under this title cause.’’. Code, as amended by section 202 of this Act, is shall be given at such address. SEC. 312. DISMISSAL FOR FAILURE TO TIMELY amended— ‘‘(3) For purposes of this section, the term ‘no- FILE SCHEDULES OR PROVIDE RE- (1) in subparagraph (A), by striking the semi- tice’ shall include— QUIRED INFORMATION. colon at the end and inserting the following: ‘‘(A) any correspondence from the debtor to Section 707 of title 11, United States Code, as ‘‘(and, for purposes of this subparagraph, con- the creditor after the commencement of the case; amended by section 102 of this Act, is amended sumer debts owed in an aggregate amount great- ‘‘(B) any statement of the debtor’s intention by adding at the end the following: er than or equal to $400 incurred for goods or under section 521(a)(2); ‘‘(c)(1) Notwithstanding subsection (a), and services not reasonably necessary for the main- ‘‘(C) notice of the commencement of any pro- subject to paragraph (2), if an individual debtor tenance or support of the debtor or a dependent ceeding in the case to which the creditor is a in a voluntary case under chapter 7 or 13 fails child of the debtor to a single creditor that are party; and to file all of the information required under sec- incurred during the 90-day period preceding the ‘‘(D) any notice of a hearing under section tion 521(a)(1) within 45 days after the filing of date of the order for relief shall be presumed to 1324. the petition commencing the case, the case shall be nondischargeable under this subparagraph); ‘‘(e)(1) At any time, a creditor, in a case of an be automatically dismissed effective on the 46th or’’; individual under chapter 7 or 13, may file with day after the filing of the petition. (2) in subparagraph (B), by striking ‘‘or’’ at the court and serve on the debtor a notice of the ‘‘(2) With respect to a case described in para- the end; and address to be used to notify the creditor in that graph (1), any party in interest may request the (3) by striking subparagraph (C). case. court to enter an order dismissing the case. The SEC. 317. DEFINITION OF HOUSEHOLD GOODS ‘‘(2) If the court or the debtor is required to court shall, if so requested, enter an order of AND ANTIQUES. give the creditor notice, not later than 5 days dismissal not later than 5 days after that re- Section 101 of title 11, United States Code, is after receipt of the notice under paragraph (1), quest. amended by inserting after paragraph (27) the that notice shall be given at that address. ‘‘(3) Upon request of the debtor made within following: ‘‘(f) An entity may file with the court a notice 45 days after the filing of the petition commenc- ‘‘(27A) ‘household goods’ has the meaning stating its address for notice in cases under ing a case described in paragraph (1), the court given that term in section 444.1(i) of title 16, of chapter 7 or 13. After the date that is 30 days may allow the debtor an additional period of the Code of Federal Regulations (as in effect on following the filing of that notice, any notice in not to exceed 20 days to file the information re- the effective date of this paragraph), which is any case filed under chapter 7 or 13 given by the quired under section 521(a)(1) if the court finds part of the regulations issued by the Federal court shall be to that address unless specific no- justification for extending the period for the fil- Trade Commission that are commonly known as tice is given under subsection (e) with respect to ing.’’. the ‘Trade Regulation Rule on Credit Practices’, a particular case. SEC. 313. ADEQUATE TIME FOR PREPARATION except that the term shall also include any tan- ‘‘(g)(1) Notice given to a creditor other than as FOR A HEARING ON CONFIRMATION gible personal property reasonably necessary for provided in this section shall not be effective no- OF THE PLAN. the maintenance or support of a dependent tice until that notice has been brought to the at- Section 1324 of title 11, United States Code, as child;’’. tention of the creditor. amended by section 304 of this Act, is amended— (1) by striking ‘‘After’’ and inserting the fol- SEC. 318. RELIEF FROM STAY WHEN THE DEBTOR ‘‘(2) If the creditor has designated a person or DOES NOT COMPLETE INTENDED department to be responsible for receiving no- lowing: SURRENDER OF CONSUMER DEBT tices concerning bankruptcy cases and has es- ‘‘(a) Except as provided in subsection (b) and COLLATERAL. tablished reasonable procedures so that bank- after’’; and (a) AUTOMATIC STAY.—Section 362 of title 11, ruptcy notices received by the creditor will be (2) by adding at the end the following: United States Code, as amended by section 303, delivered to that department or person, notice ‘‘(b) If not later than 5 days after receiving is amended— shall not be brought to the attention of the cred- notice of a hearing on confirmation of the plan, (1) in subsection (c)(1), in the matter preced- itor until that notice is received by that person a creditor objects to the confirmation of the ing subparagraph (A), by striking ‘‘(e) and (f)’’ or department.’’. plan, the hearing on confirmation of the plan and inserting ‘‘(e), (f), and (h)’’; SEC. 310. STOPPING ABUSIVE CONVERSIONS may be held no earlier than 20 days after the (2) by redesignating subsection (h) as sub- FROM CHAPTER 13. first meeting of creditors under section 341(a).’’. section (i); and Section 348(f)(1) of title 11, United States SEC. 314. DISCHARGE UNDER CHAPTER 13. (3) by inserting after subsection (g) the follow- Code, is amended— Section 1328(a) of title 11, United States Code, ing: (1) in subparagraph (A), by striking ‘‘and’’ at is amended by striking paragraphs (1) through ‘‘(h) In an individual case under chapter 7, the end; (3) and inserting the following: 11, or 13 the stay provided by subsection (a) is (2) in subparagraph (B)— ‘‘(1) provided for under section 1322(b)(5); terminated with respect to property of the estate (A) by striking ‘‘in the converted case, with ‘‘(2) of the kind specified in paragraph (2), securing in whole or in part a claim that is in allowed secured claims’’ and inserting ‘‘only in (4), (5), (8), or (9) of section 523(a); an amount greater than $3,000, or subject to an a case converted to chapter 11 or 12 but not in ‘‘(3) for restitution, or a criminal fine, in- unexpired lease with a remaining term of at a case converted to chapter 7, with allowed se- cluded in a sentence on the debtor’s conviction least 1 year (in any case in which the debtor cured claims in cases under chapters 11 and 12’’; of a crime; or owes at least $3,000 for a 1-year period), if with- and ‘‘(4) for restitution, or damages, awarded in a in 30 days after the expiration of the applicable (B) by striking the period and inserting ‘‘; civil action against the debtor as a result of period under section 521(a)(2)— and’’; and willful or malicious injury by the debtor that ‘‘(1)(A) the debtor fails to timely file a state- (3) by adding at the end the following: caused personal injury to an individual or the ment of intention to surrender or retain the ‘‘(C) with respect to cases converted from death of an individual.’’. property; or chapter 13, the claim of any creditor holding se- SEC. 315. NONDISCHARGEABLE DEBTS. ‘‘(B) if the debtor indicates in the filing that curity as of the date of the petition shall con- Section 523(a) of title 11, United States Code, the debtor will retain the property, the debtor tinue to be secured by that security unless the is amended by inserting after paragraph (14) the fails to meet an applicable requirement to— full amount of that claim determined under ap- following: ‘‘(i) either— S10106 CONGRESSIONAL RECORD — SENATE September 9, 1998 ‘‘(I) redeem the property pursuant to section in that subsection that was obtained in accord- ‘‘(e) In addition to the requirements under 722; or ance with applicable law before the date of fil- subsection (a), an individual debtor shall file ‘‘(II) reaffirm the debt the property secures ing of the petition until the first payment under with the court— pursuant to section 524(c); or subsection (a)(1)(A) is received by the lessor or ‘‘(1) a certificate from the credit counseling ‘‘(ii) assume the unexpired lease pursuant to creditor.’’. service that provided the debtor services under section 365(d) if the trustee does not do so; or (b) CLERICAL AMENDMENT.—The table of sec- section 109(h) or other substantial evidence of a ‘‘(2) the debtor fails to timely take the action tions at the beginning of chapter 13 of title 11, good-faith attempt to create a debt repayment specified in a statement of intention referred to United States Code, is amended by inserting plan outside the bankruptcy system in the man- in paragraph (1)(A) (as amended, if that state- after the item relating to section 1307 the follow- ner prescribed in section 109(h); and ment is amended before expiration of the period ing: ‘‘(2) a copy of the debt repayment plan devel- for taking action), unless— ‘‘1307A. Adequate protection in chapter 13 oped under section 109(h) through the credit ‘‘(A) the statement of intention specifies reaf- cases.’’. counseling service referred to in paragraph firmation; and SEC. 320. LIMITATION. (1).’’. ‘‘(B) the creditor refuses to reaffirm the debt Section 522 of title 11, United States Code, is (e) EXCEPTIONS TO DISCHARGE.—Section 523(d) on the original contract terms for the debt.’’. amended— of title 11, United States Code, as amended by (b) DEBTOR’S DUTIES.—Section 521(a)(2) of (1) in subsection (b)(2)(A), by inserting ‘‘subsection 202 of this Act, is amended by striking title 11, United States Code, as redesignated by ject to subsection (n),’’ before ‘‘any property’’; paragraph (3)(A)(i) and inserting the following: section 301(b) of this Act, is amended— and ‘‘(i) before the filing of the petition, the debtor (1) in the matter preceding subparagraph (A), (2) by adding at the end the following new made a good faith attempt pursuant to section by striking ‘‘consumer’’; subsection: 109(h) to negotiate a reasonable alternative re- (2) in subparagraph (B)— ‘‘(n)(1) Except as provided in paragraph (2), payment schedule (including making an offer of (A) by striking ‘‘forty-five days after the filing as a result of electing under subsection (b)(2)(A) a reasonable alternative repayment schedule); of a notice of intent under this section’’ and in- to exempt property under State or local law, a and’’. serting ‘‘30 days after the first meeting of credi- debtor may not exempt any amount of interest (f) GENERAL PROVISIONS.— tors under section 341(a)’’; and that exceeds in the aggregate $100,000 in value (1) IN GENERAL.—Chapter 1 of title 11, United (B) by striking ‘‘forty-five-day period’’ and in— States Code, is amended by adding at the end inserting ‘‘30-day period’’; and ‘‘(A) real or personal property that the debtor the following: (3) in subparagraph (C), by inserting ‘‘, except or a dependent of the debtor uses as a residence; ‘‘§ 111. Credit counseling services; financial as provided in section 362(h)’’ before the semi- ‘‘(B) a cooperative that owns property that management instructional courses colon. the debtor or a dependent of the debtor uses as ‘‘(a) The clerk of each district shall maintain SEC. 319. ADEQUATE PROTECTION OF LESSORS a residence; or a list of credit counseling services that provide AND PURCHASE MONEY SECURED ‘‘(C) a burial plot for the debtor or a depend- CREDITORS. 1 or more programs described in section 109(h) ent of the debtor. (a) IN GENERAL.—Chapter 13 of title 11, and that have been approved by— ‘‘(2) The limitation under paragraph (1) shall ‘‘(1) the United States trustee; or United States Code, is amended by adding after not apply to an exemption claimed under subsection 1307 the following: ‘‘(2) the bankruptcy administrator for the dis- section (b)(2)(A) by a family farmer for the prin- trict. ‘‘§ 1307A. Adequate protection in chapter 13 cipal residence of that farmer.’’. ‘‘(b) The United States trustee or each bank- cases SEC. 321. MISCELLANEOUS IMPROVEMENTS. ruptcy administrator referred to in subsection ‘‘(a)(1)(A) On or before the date that is 30 (a) WHO MAY BEA DEBTOR.—Section 109 of (a)(1) shall— days after the filing of a case under this chap- title 11, United States Code, is amended by add- ‘‘(1) make available to debtors who are indi- ter, the debtor shall make cash payments in an ing at the end the following: viduals an instructional course concerning per- amount determined under paragraph (2)(A), ‘‘(h) Notwithstanding any other provision of sonal financial management, under the direc- to— this section, an individual may not be a debtor tion of the bankruptcy court; and ‘‘(i) any lessor of personal property; and under this title unless that individual has, dur- ‘‘(2) maintain a list of instructional courses ‘‘(ii) any creditor holding a claim secured by ing the 90-day period preceding the date of fil- concerning personal financial management that personal property to the extent that the claim is ing of the petition of that individual, made a are operated by a private entity and that have attributable to the purchase of that property by good-faith attempt to create a debt repayment been approved by the United States trustee or the debtor. plan outside the judicial system for bankruptcy that bankruptcy administrator.’’. ‘‘(B) The debtor or the plan shall continue law (commonly referred to as the ‘bankruptcy (2) CLERICAL AMENDMENT.—The table of sec- making the adequate protection payments until system’), through a credit counseling program tions at the beginning of chapter 1 of title 11, the earlier of the date on which— (offered through credit counseling services de- United States Code, is amended by adding at the ‘‘(i) the creditor begins to receive actual pay- scribed in section 111(a)) that has been approved end the following: ments under the plan; or by— ‘‘111. Credit counseling services; financial man- ‘‘(ii) the debtor relinquishes possession of the ‘‘(1) the United States trustee; or agement instructional courses.’’. property referred to in subparagraph (A) to— ‘‘(2) the bankruptcy administrator for the dis- ‘‘(I) the lessor or creditor; or trict in which the petition is filed.’’. (g) DEFINITIONS.—Section 101 of title 11, United States Code, as amended by section 317 ‘‘(II) any third party acting under claim of (b) CHAPTER 7 DISCHARGE.—Section 727(a) of right, as applicable. title 11, United States Code, is amended— of this Act, is amended— ‘‘(2) The payments referred to in paragraph (1) in paragraph (9), by striking ‘‘or’’ at the (1) by inserting after paragraph (13) the fol- (1)(A) shall be determined by the court. end; lowing: ‘‘(b)(1) Subject to the limitations under para- (2) in paragraph (10), by striking the period ‘‘(13A) ‘debtor’s principal residence’— graph (2), the court may, after notice and hear- and inserting ‘‘; or’’; and ‘‘(A) means a residential structure, including ing, change the amount and timing of the dates (3) by adding at the end the following: incidental property, without regard to whether of payment of payments made under subsection ‘‘(11) after the filing of the petition, the debtor that structure is attached to real property; and (a). failed to complete an instructional course con- ‘‘(B) includes an individual condominium or ‘‘(2)(A) The payments referred to in para- cerning personal financial management de- co-operative unit;’’; and graph (1) shall be payable not less frequently scribed in section 111 that was administered or (2) by inserting after paragraph (27A), as than monthly. approved by— added by section 318 of this Act, the following: ‘‘(B) The amount of a payment referred to in ‘‘(A) the United States trustee; or ‘‘(27B) ‘incidental property’ means, with re- paragraph (1) shall not be less than the reason- ‘‘(B) the bankruptcy administrator for the dis- spect to a debtor’s principal residence— able depreciation of the personal property de- trict in which the petition is filed.’’. ‘‘(A) property commonly conveyed with a scribed in subsection (a)(1), determined on a (c) CHAPTER 13 DISCHARGE.—Section 1328 of principal residence in the area where the real month-to-month basis. title 11, United States Code, is amended by add- estate is located; ‘‘(c) Notwithstanding section 1326(b), the paying at the end the following: ‘‘(B) all easements, rights, appurtenances, fix- ments referred to in subsection (a)(1)(A) shall be ‘‘(f) The court shall not grant a discharge tures, rents, royalties, mineral rights, oil or gas continued in addition to plan payments under a under this section to a debtor, unless after filing rights or profits, water rights, escrow funds, or confirmed plan until actual payments to the a petition the debtor has completed an instruc- insurance proceeds; and creditor begin under that plan, if the confirmed tional course concerning personal financial ‘‘(C) all replacements or additions;’’. plan provides— management described in section 111 that was SEC. 322. BANKRUPTCY JUDGESHIPS. ‘‘(1) for payments to a creditor or lessor de- administered or approved by— (a) SHORT TITLE.—This section may be cited scribed in subsection (a)(1); and ‘‘(1) the United States trustee; or as the ‘‘Bankruptcy Judgeship Act of 1998’’. ‘‘(2) for the deferral of payments to such cred- ‘‘(2) the bankruptcy administrator for the dis- (b) TEMPORARY JUDGESHIPS.— itor or lessor under the plan until the payment trict in which the petition is filed.’’. (1) APPOINTMENTS.—The following judgeship of amounts described in section 1326(b). (d) DEBTOR’S DUTIES.—Section 521 of title 11, positions shall be filled in the manner prescribed ‘‘(d) Notwithstanding sections 362, 542, and United States Code, as amended by sections in section 152(a)(1) of title 28, United States 543, a lessor or creditor described in subsection 301(b) and 318(b) of this Act, is amended by add- Code, for the appointment of bankruptcy judges (a) may retain possession of property described ing at the end the following: provided for in section 152(a)(2) of such title: September 9, 1998 CONGRESSIONAL RECORD — SENATE S10107 (A) One additional bankruptcy judgeship for ‘‘(ii) such bankruptcy judge does not receive payable under that order for alimony, mainte- the eastern district of California. funds (including reimbursement) from the nance, or support that are due before the date (B) Four additional bankruptcy judgeships for United States or any other person or entity for of that certification have been paid in accord- the central district of California. the payment of such travel expenses. ance with the plan if applicable, or if the under- (C) One additional bankruptcy judgeship for ‘‘(2) Each bankruptcy judge shall annually lying debt is not treated by the plan, paid in the southern district of Florida. submit the information required under para- full’’ after ‘‘completion by the debtor of all pay- (D) Two additional bankruptcy judgeships for graph (3) to the chief bankruptcy judge for the ments under the plan’’. the district of Maryland. district in which the bankruptcy judge is as- SEC. 326. CHILD SUPPORT AND ALIMONY COLLEC- (E) One additional bankruptcy judgeship for signed. TION. the eastern district of Michigan. ‘‘(3)(A) Each chief bankruptcy judge shall Section 362(b) of title 11, United States Code, (F) One additional bankruptcy judgeship for submit an annual report to the Director of the is amended— the southern district of Mississippi. Administrative Office of the United States (1) in paragraph (17), by striking ‘‘or’’ at the (G) One additional bankruptcy judgeship for Courts on the travel expenses of each bank- end; the district of New Jersey. ruptcy judge assigned to the applicable district (2) in paragraph (18), by striking the period at (H) One additional bankruptcy judgeship for (including the travel expenses of the chief bank- the end and inserting a semicolon; and the eastern district of New York. ruptcy judge of such district). (3) by adding at the end the following: (I) One additional bankruptcy judgeship for ‘‘(B) The annual report under this paragraph ‘‘(19) under subsection (a) with respect to the the northern district of New York. shall include— withholding of income pursuant to an order as (J) One additional bankruptcy judgeship for ‘‘(i) the travel expenses of each bankruptcy specified in section 466(b) of the Social Security the southern district of New York. judge, with the name of the bankruptcy judge to Act (42 U.S.C. 666(b)); or (K) One additional bankruptcy judgeship for whom the travel expenses apply; ‘‘(20) under subsection (a) with respect to the the eastern district of Pennsylvania. ‘‘(ii) a description of the subject matter and withholding, suspension, or restriction of driv- (L) One additional bankruptcy judgeship for purpose of the travel relating to each travel ex- ers’ licenses, professional and occupational li- the middle district of Pennsylvania. pense identified under clause (i), with the name censes, and recreational licenses pursuant to (M) One additional bankruptcy judgeship for of the bankruptcy judge to whom the travel ap- State law, as specified in section 466(a)(15) of the western district of Tennessee. plies; and the Social Security Act (42 U.S.C. 666(a)(15)) or (N) One additional bankruptcy judgeship for ‘‘(iii) the number of days of each travel de- with respect to the reporting of overdue support the eastern district of Virginia. scribed under clause (ii), with the name of the owed by an absent parent to any consumer re- (2) VACANCIES.—The first vacancy occurring bankruptcy judge to whom the travel applies. porting agency as specified in section 466(a)(7) in the office of a bankruptcy judge in each of ‘‘(4)(A) The Director of the Administrative Of- of the Social Security Act (42 U.S.C. the judicial districts set forth in paragraph (1) fice of the United States Courts shall— 666(a)(7)).’’. that— ‘‘(i) consolidate the reports submitted under (A) results from the death, retirement, res- SEC. 327. NONDISCHARGEABILITY OF CERTAIN paragraph (3) into a single report; and DEBTS FOR ALIMONY, MAINTE- ignation, or removal of a bankruptcy judge; and ‘‘(ii) annually submit such consolidated report NANCE, AND SUPPORT. (B) occurs 5 years or more after the appoint- to Congress. Section 523 of title 11, United States Code, as ment date of a bankruptcy judge appointed ‘‘(B) The consolidated report submitted under amended by section 202 of this Act, is amended— under paragraph (1); this paragraph shall include the specific infor- (1) in subsection (a), by striking paragraph (5) shall not be filled. mation required under paragraph (3)(B), includ- and inserting the following: (c) EXTENSIONS.— ing the name of each bankruptcy judge with re- ‘‘(5) to a spouse, former spouse, or child of the (1) IN GENERAL.—The temporary bankruptcy spect to clauses (i), (ii), and (iii) of paragraph debtor— judgeship positions authorized for the northern (3)(B).’’. ‘‘(A) for actual alimony to, maintenance for, district of Alabama, the district of Delaware, the or support of that spouse or child; district of Puerto Rico, the district of South SEC. 323. PREFERRED PAYMENT OF CHILD SUP- PORT IN CHAPTER 7 PROCEEDINGS. ‘‘(B) that was incurred by the debtor in the Carolina, and the eastern district of Tennessee course of a divorce or separation or in connec- under section 3(a) (1), (3), (7), (8), and (9) of the Section 507(a) of title 11, United States Code, tion with a separation agreement, property set- Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 is amended in the matter preceding paragraph tlement agreement, divorce decree, other order of note) are extended until the first vacancy occur- (1), by inserting ‘‘, except that, notwithstanding a court of record, or determination made in ac- ring in the office of a bankruptcy judge in the any other provision of this title, any expense or cordance with State or territorial law by a gov- applicable district resulting from the death, reclaim entitled to priority under paragraph (7) ernmental unit; or tirement, resignation, or removal of a bank- shall have first priority over any other expense ‘‘(C) that is described in subparagraph (A) or ruptcy judge and occurring— or claim that has priority under any other pro- (B) and that is assigned pursuant to section (A) 8 years or more after November 8, 1993, vision of this subsection’’ before the colon. 408(a)(3) of the Social Security Act (42 U.S.C. with respect to the northern district of Alabama; SEC. 324. PREFERRED PAYMENT OF CHILD SUP- 608(a)(3)), or to the Federal Government, a (B) 10 years or more after October 28, 1993, PORT IN CHAPTER 13 PROCEEDINGS. State, or any political subdivision of a State, with respect to the district of Delaware; Section 1322(b)(1) of title 11, United States (C) 8 years or more after August 29, 1994, with Code, is amended by striking the semicolon at but not to the extent that the debt (other than respect to the district of Puerto Rico; the end and inserting the following: ‘‘and pro- a debt described in subparagraph (C)) is as- (D) 8 years or more after June 27, 1994, with vide for the payment of any claim entitled to signed to another entity, voluntarily, by oper- respect to the district of South Carolina; and priority under section 507(a)(7) before the pay- ation of law, or otherwise;’’; and (E) 8 years or more after November 23, 1993, ment of any other claim entitled to priority (2) in subsection (c), by striking ‘‘(6), or (15)’’ with respect to the eastern district of Tennessee. under section 507(a), notwithstanding the prior- and inserting ‘‘or (6)’’. (2) APPLICABILITY OF OTHER PROVISIONS.—All ities established under section 507(a).’’. SEC. 328. ENFORCEMENT OF CHILD AND SPOUSAL other provisions of section 3 of the Bankruptcy SEC. 325. PAYMENT OF CHILD SUPPORT RE- SUPPORT. Judgeship Act of 1992 remain applicable to such QUIRED TO OBTAIN A DISCHARGE IN Section 522(c)(1) of title 11, United States temporary judgeship position. CHAPTER 13 PROCEEDINGS. Code, is amended by inserting ‘‘, except that, (d) TECHNICAL AMENDMENT.—The first sen- Title 11, United States Code, is amended— notwithstanding any other Federal law or State tence of section 152(a)(1) of title 28, United (1) in section 1325(a)— law relating to exempted property, such exempt States Code, is amended to read as follows: (A) in paragraph (5), by striking ‘‘and’’ at the property shall be liable for debts of a kind speci- ‘‘Each bankruptcy judge to be appointed for a end; fied in paragraph (1) or (5) of section 523(a)’’ be- judicial district as provided in paragraph (2) (B) in paragraph (6), by striking the period at fore the semicolon at the end of the paragraph. shall be appointed by the United States court of the end and inserting ‘‘; and’’; and SEC. 329. DEPENDENT CHILD DEFINED. appeals for the circuit in which such district is (C) by adding at the end the following: Section 101 of title 11, United States Code, is located.’’. ‘‘(7) if the debtor is required by a judicial or amended by inserting after paragraph (14) the (e) TRAVEL EXPENSES OF BANKRUPTCY administrative order to pay alimony to, mainte- following: JUDGES.—Section 156 of title 28, United States nance for, or support of a spouse, former spouse, ‘‘(14A) ‘dependent child’ means, with respect Code, is amended by adding at the end the fol- or child of the debtor, the debtor has paid all to an individual, a child who has not attained lowing new subsection: amounts payable under that order for alimony, the age of 18 and who is a dependent of that in- ‘‘(g)(1) In this subsection, the term ‘travel ex- maintenance, or support that are due after the dividual, within the meaning of section 152 of penses’— date on which the petition is filed.’’; and the Internal Revenue Code;’’. ‘‘(A) means the expenses incurred by a bank- (2) in section 1328(a), as amended by section ruptcy judge for travel that is not directly relat- 314 of this Act, in the matter preceding para- TITLE IV—TECHNICAL CORRECTIONS ed to any case assigned to such bankruptcy graph (1), by inserting ‘‘, and with respect to a SEC. 401. DEFINITIONS. judge; and debtor who is required by a judicial or adminis- Section 101 of title 11, United States Code, as ‘‘(B) shall not include the travel expenses of a trative order to pay alimony to, maintenance amended by section 317, is amended— bankruptcy judge if— for, or support of a spouse, former spouse, or (1) by striking ‘‘In this title—’’ and inserting ‘‘(i) the payment for the travel expenses is child of the debtor, only after the debtor cer- ‘‘In this title:’’; paid by such bankruptcy judge from the per- tifies as of the later of the date of that comple- (2) in each paragraph, by inserting ‘‘The sonal funds of such bankruptcy judge; and tion or the date of certification that all amounts term’’ after the paragraph designation; S10108 CONGRESSIONAL RECORD — SENATE September 9, 1998 (3) in paragraph (35)(B), by striking ‘‘para- tainer action, or similar proceeding by a lessor (2) by adding ‘‘or’’ at the end. graphs (21B) and (33)(A)’’ and inserting ‘‘para- against a debtor involving residential real prop- SEC. 418. LIMITATIONS ON AVOIDING POWERS. graphs (23) and (35)’’; erty in which the debtor resides as a tenant Section 546 of title 11, United States Code, is (4) in each of paragraphs (35A) and (38), by under a rental agreement that has terminated.’’. amended by redesignating the second subsection striking ‘‘; and’’ at the end and inserting a pe- SEC. 410. AMENDMENT TO TABLE OF SECTIONS. (g) (as added by section 222(a) of the Bank- riod; The table of sections for chapter 5 of title 11, ruptcy Reform Act of 1994; 108 Stat. 4129) as (5) in paragraph (51B)— United States Code, is amended by striking the subsection (h). (A) by inserting ‘‘who is not a family farmer’’ item relating to section 556 and inserting the fol- SEC. 419. PREFERENCES. after ‘‘debtor’’ the first place it appears; and lowing: Section 547 of title 11, United States Code, is (B) by striking ‘‘thereto having aggregate’’ amended— and all that follows through the end of the ‘‘556. Contractual right to liquidate a commodities contract or forward con- (1) in subsection (b), by striking ‘‘subsection paragraph; (c)’’ and inserting ‘‘subsections (c) and (h)’’; (6) by amending paragraph (54) to read as fol- tract.’’. SEC. 411. ALLOWANCE OF ADMINISTRATIVE EX- and lows: (2) by adding at the end the following: ‘‘(54) The term ‘transfer’ means— PENSES. Section 503(b)(4) of title 11, United States ‘‘(h) If the trustee avoids under subsection (b) ‘‘(A) the creation of a lien; a security interest given between 90 days and 1 ‘‘(B) the retention of title as a security inter- Code, is amended by inserting ‘‘subparagraph year before the date of the filing of the petition, est; (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph by the debtor to an entity that is not an insider ‘‘(C) the foreclosure of a debtor’s equity of re- (3)’’. for the benefit of a creditor that is an insider, demption; or SEC. 412. PRIORITIES. such security interest shall be considered to be ‘‘(D) each mode, direct or indirect, absolute or Section 507(a) of title 11, United States Code, avoided under this section only with respect to conditional, voluntary or involuntary, of dis- as amended by section 323 of this Act, is amend- the creditor that is an insider.’’. posing of or parting with— ed— ‘‘(i) property; or (1) in paragraph (3)(B), by striking the semi- SEC. 420. POSTPETITION TRANSACTIONS. ‘‘(ii) an interest in property;’’; colon at the end and inserting a period; and Section 549(c) of title 11, United States Code, (7) in each of paragraphs (1) through (35), in (2) in paragraph (7), by inserting ‘‘unsecured’’ is amended— each of paragraphs (36) and (37), and in each of after ‘‘allowed’’. (1) by inserting ‘‘an interest in’’ after ‘‘transfer of’’; paragraphs (40) through (56A) (including para- SEC. 413. EXEMPTIONS. graph (54), as amended by paragraph (6) of this (2) by striking ‘‘such property’’ and inserting Section 522 of title 11, United States Code, as ‘‘such real property’’; and section), by striking the semicolon at the end amended by section 320 of this Act, is amended— and inserting a period; and (3) by striking ‘‘the interest’’ and inserting (1) in subsection (f)(1)(A)(ii)(II)— ‘‘such interest’’. (8) by redesignating paragraphs (4) through (A) by striking ‘‘includes a liability designated SEC. 421. TECHNICAL AMENDMENT. (56A) in entirely numerical sequence, so as to reas’’ and inserting ‘‘is for a liability that is des- Section 552(b)(1) of title 11, United States sult in numerical paragraph designations of (4) ignated as, and is actually in the nature of,’’; Code, is amended by striking ‘‘product’’ each through (72), respectively. and place it appears and inserting ‘‘products’’. SEC. 402. ADJUSTMENT OF DOLLAR AMOUNTS. (B) by striking ‘‘, unless’’ and all that follows Section 104 of title 11, United States Code, is through ‘‘support’’; and SEC. 422. SETOFF. amended by inserting ‘‘522(f)(3), 707(b)(5),’’ after (2) in subsection (g)(2), by striking ‘‘sub- Section 553(b)(1) of title 11, United States ‘‘522(d),’’ each place it appears. section (f)(2)’’ and inserting ‘‘subsection Code, is amended by striking ‘‘362(b)(14)’’ and SEC. 403. EXTENSION OF TIME. (f)(1)(B)’’. inserting ‘‘362(b)(17)’’. Section 108(c)(2) of title 11, United States SEC. 414. EXCEPTIONS TO DISCHARGE. SEC. 423. DISPOSITION OF PROPERTY OF THE ES- TATE. Code, is amended by striking ‘‘922’’ and all that Section 523 of title 11, United States Code, is Section 726(b) of title 11, United States Code, follows through ‘‘or’’, and inserting ‘‘922, 1201, amended— is amended by striking ‘‘1009,’’. or’’. (1) in subsection (a)(3), by striking ‘‘or (6)’’ SEC. 404. WHO MAY BE A DEBTOR. each place it appears and inserting ‘‘(6), or SEC. 424. GENERAL PROVISIONS. Section 109(b)(2) of title 11, United States (15)’’; Section 901(a) of title 11, United States Code, Code, is amended by striking ‘‘subsection (c) or (2) as amended by section 304(e) of Public Law is amended by inserting ‘‘1123(d),’’ after (d) of’’. 103–394 (108 Stat. 4133), in paragraph (15), by ‘‘1123(b),’’. SEC. 405. PENALTY FOR PERSONS WHO NEG- transferring such paragraph so as to insert it SEC. 425. APPOINTMENT OF ELECTED TRUSTEE. LIGENTLY OR FRAUDULENTLY PRE- after paragraph (14) of subsection (a); Section 1104(b) of title 11, United States Code, PARE BANKRUPTCY PETITIONS. (3) in subsection (a)(9), by inserting is amended— Section 110(j)(3) of title 11, United States ‘‘, watercraft, or aircraft’’ after ‘‘motor vehi- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Code, is amended by striking ‘‘attorney’s’’ and cle’’; (2) by adding at the end the following: inserting ‘‘attorneys’ ’’. (4) in subsection (a)(15), as so redesignated by ‘‘(2)(A) If an eligible, disinterested trustee is SEC. 406. LIMITATION ON COMPENSATION OF paragraph (2) of this subsection, by inserting elected at a meeting of creditors under para- PROFESSIONAL PERSONS. ‘‘to a spouse, former spouse, or child of the debt- graph (1), the United States trustee shall file a Section 328(a) of title 11, United States Code, or and’’ after ‘‘(15)’’; report certifying that election. Upon the filing is amended by inserting ‘‘on a fixed or percent- (5) in subsection (a)(17)— of a report under the preceding sentence— age fee basis,’’ after ‘‘hourly basis,’’. (A) by striking ‘‘by a court’’ and inserting ‘‘(i) the trustee elected under paragraph (1) shall be considered to have been selected and SEC. 407. SPECIAL TAX PROVISIONS. ‘‘on a prisoner by any court’’; appointed for purposes of this section; and Section 346(g)(1)(C) of title 11, United States (B) by striking ‘‘section 1915 (b) or (f)’’ and ‘‘(ii) the service of any trustee appointed Code, is amended by striking ‘‘, except’’ and all inserting ‘‘subsection (b) or (f)(2) of section under subsection (d) shall terminate. that follows through ‘‘1986’’. 1915’’; and (C) by inserting ‘‘(or a similar non-Federal ‘‘(B) In the case of any dispute arising out of SEC. 408. EFFECT OF CONVERSION. law)’’ after ‘‘title 28’’ each place it appears; and an election under subparagraph (A), the court Section 348(f)(2) of title 11, United States (6) in subsection (e), by striking ‘‘a insured’’ shall resolve the dispute.’’. Code, is amended by inserting ‘‘of the estate’’ and inserting ‘‘an insured’’. SEC. 426. ABANDONMENT OF RAILROAD LINE. after ‘‘property’’ the first place it appears. SEC. 415. EFFECT OF DISCHARGE. Section 1170(e)(1) of title 11, United States SEC. 409. AUTOMATIC STAY. Section 524(a)(3) of title 11, United States Code, is amended by striking ‘‘section 11347’’ Section 362(b) of title 11, United States Code, Code, is amended by striking ‘‘section 523’’ and and inserting ‘‘section 11326(a)’’. as amended by section 326 of this Act, is amend- all that follows through ‘‘or that’’ and inserting SEC. 427. CONTENTS OF PLAN. ed— ‘‘section 523, 1228(a)(1), or 1328(a)(1) of this Section 1172(c)(1) of title 11, United States (1) in paragraph (19), by striking ‘‘or’’ at the title, or that’’. Code, is amended by striking ‘‘section 11347’’ end; and inserting ‘‘section 11326(a)’’. (2) in paragraph (20), by striking the period at SEC. 416. PROTECTION AGAINST DISCRIMINA- the end and inserting a semicolon; and TORY TREATMENT. SEC. 428. DISCHARGE UNDER CHAPTER 12. (3) by adding at the end the following: Section 525(c) of title 11, United States Code, Subsections (a) and (c) of section 1228 of title ‘‘(21) under subsection (a) of this section of is amended— 11, United States Code, are amended by striking any transfer that is not avoidable under section (1) in paragraph (1), by inserting ‘‘student’’ ‘‘1222(b)(10)’’ each place it appears and insert- 544 and that is not avoidable under section 549; before ‘‘grant’’ the second place it appears; and ing ‘‘1222(b)(9)’’. ‘‘(22) under subsection (a)(3) of this section, of (2) in paragraph (2), by striking ‘‘the program SEC. 429. EXTENSIONS. the continuation of any eviction, unlawful de- operated under part B, D, or E of’’ and insert- Section 302(d)(3) of the Bankruptcy, Judges, tainer action, or similar proceeding by a lessor ing ‘‘any program operated under’’. United States Trustees, and Family Farmer against a debtor involving residential real prop- SEC. 417. PROPERTY OF THE ESTATE. Bankruptcy Act of 1986 (28 U.S.C. 581 note) is erty in which the debtor resides as a tenant Section 541(b)(4) of title 11, United States amended— under a rental agreement; or Code, is amended— (1) in subparagraph (A), in the matter follow- ‘‘(23) under subsection (a)(3) of this section, of (1) in subparagraph (B)(ii), by inserting ‘‘365 ing clause (ii), by striking ‘‘or October 1, 2002, the commencement of any eviction, unlawful de- or’’ before ‘‘542’’; and whichever occurs first’’; and September 9, 1998 CONGRESSIONAL RECORD — SENATE S10109 (2) in subparagraph (F)— inson, Wayne Allard, Christopher Bond, ment limiting amendments, if that is (A) in clause (i)— Rick Santorum, Chuck Hagel, Larry E. at all possible, and perhaps that could (i) in subclause (II), by striking ‘‘or October 1, Craig, and Jon Kyl. be taken care of in our agreement that 2002, whichever occurs first’’; and Mr. LOTT. Mr. President, for the in- we are working on. (ii) in the matter following subclause (II), by formation of all Senators, this cloture striking ‘‘October 1, 2003, or’’; and f vote would occur, then, on Friday 1 (B) in clause (ii), in the matter following sub- MORNING BUSINESS clause (II)— hour after the Senate convenes unless (i) by striking ‘‘before October 1, 2003, or’’; changed by unanimous consent or un- Mr. LOTT. Mr. President, I ask there and less we get something worked out. be a period for morning business, with (ii) by striking ‘‘, whichever occurs first’’. I yield to Senator DASCHLE for his Members permitted to speak for up to SEC. 430. BANKRUPTCY CASES AND PROCEED- comments on this or his suggestions as 10 minutes each. INGS. to how we might proceed. The PRESIDING OFFICER. Without Section 1334(d) of title 28, United States Code, Mr. DASCHLE. Mr. President, I ap- objection, it is so ordered. is amended— preciate the leader’s comments earlier. (1) by striking ‘‘made under this subsection’’ f I do believe that there is an oppor- and inserting ‘‘made under subsection (c)’’; and NO RUSH TO JUDGMENT (2) by striking ‘‘This subsection’’ and insert- tunity here for us to come to some pro- ing ‘‘Subsection (c) and this subsection’’. cedural conclusion on how we might Mr. BYRD. Mr. President, we appear SEC. 431. KNOWING DISREGARD OF BANKRUPTCY address this bill. I think that Senators to be only days away from receiving LAW OR RULE. GRASSLEY and DURBIN have been work- the Independent Counsel’s report on Section 156(a) of title 18, United States Code, ing in good faith. I have had the oppor- President Clinton. The pressure on is amended— tunity to discuss this matter with Sen- Congress is escalating. Talk of im- (1) in the first undesignated paragraph— ator KENNEDY. I personally don’t be- peachment is in the air along with sug- (A) by inserting ‘‘(1) the term’’ before ‘‘ ‘bank- gestions of resolutions of reprimand ruptcy’’; and lieve the cloture motion is the most (B) by striking the period at the end and in- constructive approach, but I also rec- and censure. Some have even suggested serting ‘‘; and’’; and ognize that the majority leader has that we ought to get on with impeach- (2) in the second undesignated paragraph— noted that that could be vitiated were ment and ‘‘get this thing behind us.’’ (A) by inserting ‘‘(2) the term’’ before ‘‘ ‘docu- we to come to some agreement. There had to come a time, sooner or ment’’; and I think it is a fair statement that if later, when the boil would be lanced. (B) by striking ‘‘this title’’ and inserting ‘‘title we are forced into a cloture motion, The problem is, that with the lancing, 11’’. nothing will happen. If we can reach an a hemorrhaging may be only one of SEC. 432. EFFECTIVE DATE; APPLICATION OF agreement, there may be an oppor- those continuing symptoms of a great- AMENDMENTS. tunity for us to have a good debate and er lancing—perhaps even an amputa- (a) EFFECTIVE DATE.—Except as provided in subsection (b), this title and the amendments to have some votes on key amend- tion—that still lurks in the shadows up made by this title shall take effect on the date ments, both directly relevant to the ahead. of enactment of this Act. bill and perhaps not as directly rel- There is no question but that the (b) APPLICATION OF AMENDMENTS.—The evant, but certainly relevant to the President, himself, has sown the wind, amendments made by this title shall apply only American agenda. and he is reaping the whirlwind. His with respect to cases commenced under title 11, I am hopeful that we can accommo- televised speech of August 17 heaped United States Code, on or after the date of en- date the needs of Senators who have hot coals upon himself, coals causing actment of this Act. expressed an interest in amending this wounds which continue to inflame and AMENDMENT NO. 3559 bill. I am confident that we can, and I burn ever more deeply. Coming, as the (Purpose: In the nature of a substitute) hope this cloture motion will not be speech did, so soon after the Presi- Mr. LOTT. On behalf of Senator necessary. dent’s appearance before the Grand GRASSLEY, I send an amendment to the Mr. LOTT. Mr. President, just in con- Jury, his words were ill-timed, ill- desk. clusion, once again, I urge all of the formed, and ill-advised. Perhaps if he The PRESIDING OFFICER. The Senators that are interested in this had only delayed his televised speech clerk will report the amendment. legislation that they begin work right for 24 hours, he may have, upon reflec- The assistant legislative clerk read away, tomorrow, so that we will not let tion, avoided some self-inflicted as follows: the whole day pass without trying to wounds that have since festered and The Senator from Mississippi [Mr. LOTT] work something out. Senator DASCHLE continue to fester. for Mr. GRASSLEY, for himself and Mr. and I will talk as the day progresses. The Moving Finger writes; and, having HATCH, proposes an amendment numbered That would be the wise thing to do, I writ, 3559. think, if we can work something out Moves on: nor all thy Piety nor Wit Mr. LOTT. Mr. President, I ask unan- that is reasonable, to allow us to con- Shall lure it back to cancel half a Line, imous consent that reading of the tinue to complete campaign finance re- Nor all thy Tears wash out a Word of it. amendment be dispensed with. form, and so we can go on and hope- When the scribes and Pharisees The PRESIDING OFFICER. Without fully complete the Interior appropria- brought before Jesus a woman taken in objection, it is so ordered. tions bill. adultery, saying that, under Moses, the (The text of the amendment is print- This is a positive move and I appre- law commanded that she be stoned, ed in today’s RECORD under ‘‘Amend- ciate the opportunity to work on it to they sought to tempt Jesus that they ments Submitted.’’) see if we can get something agreed to. might accuse him. He said unto them: Mr. LOTT. Mr. President, I send a Mr. President, at this point, I ask ‘‘He that is without sin among you, let cloture motion to the desk. that the mandatory quorum under rule him first cast a stone at her.’’ And that The PRESIDING OFFICER. The XXII be waived. ancient admonition, that he who is clerk will report. The PRESIDING OFFICER. Without without sin should cast the first stone, The assistant legislative clerk read objection, it is so ordered. applies to every human being in this as follows: Mr. LOTT. On behalf of the managers country today. Someone else has said: CLOTURE MOTION of the bankruptcy bill, I hope Members ‘‘No man’s life will bear looking into.’’ We, the undersigned Senators, in accord- will file their amendments in a timely These admonishments should give all ance with the provision of Rule XXII of the manner. I know there are amendments of us pause and should encourage re- Standing Rules of the Senate, do hereby that Senators are very interested in flection and self-examination. In this move to bring to a close debate on the sub- that would even be relevant instance, the President, himself, has, stitute amendment to Calendar No. 394, S. postcloture, and then there are others by his own actions and words, thrown 1301, the Consumer Bankruptcy Protection that obviously Members are interested the first stone at himself and thus Act: Trent Lott, Orrin G. Hatch, Charles in, too. I hope they will file them. The made himself vulnerable to the stoning Grassley, Arlen Specter, Strom Thur- managers are attempting to clear as by others. mond, Connie Mack, Ben Nighthorse many amendments as possible and What a sorrowful spectacle! To main- Campbell, Thad Cochran, Tim Hutch- would like to reach a consent agree- tain that Presidents have private lives S10110 CONGRESSIONAL RECORD — SENATE September 9, 1998 is, of course, not to be denied, but the gone?’’ I ask that question again today. matter of the utmost gravity. All Sen- Oval Office of the White House is not a Where have all the heroes gone? Fortu- ators will be sworn. I tell you. That private office; it is where much of the nately, we do have a Mark McGwire will be a matter of the utmost gravity. business of the Nation is conducted and a Sammy Sosa, both of whom have Caution should be the order of the day. daily; it is the people’s office; and the captured the Nation’s admiration with If, sometime in the future, the Amer- only real privacy that any President their home runs. But where are the Na- ican people should come to believe that can realistically claim is in the third- tion’s leaders to whom the children can this President, or any other President, floor living quarters of the White look and be inspired to work hard and has been driven out of office for what House with his family. What the Presi- live clean lives? they may perceive to be political rea- dent had hoped to claim was ‘‘nobody The political and social environment sons, their wrath will fall upon those else’s business’’ has now become every- in which parents must today raise who jumped to judgment prematurely. body else’s business. their children is, unfortunately, an en- That is not something that we can so His speech was a lawyer-worded ef- vironment in which anything goes; easily ‘‘put behind us.’’ Both the media fort—as in the reference to ‘‘legally ac- politicians try to be all things to all and those of us who may ultimately be curate’’ testimony—and the people people; family values and religious val- called upon to sit in judgment should have long since grown tired of having ues which made us a great Nation are exercise restraint in pressing toward a to pick and sift among artfully crafted looked upon as old-fashioned, unsophis- particular conclusion before all of the words that have too often obscured the ticated, and the product of ignorance facts are known. There is a constitu- truth rather than revealed it. and rusticness. Profanity and vul- tional process in place. We should all The White House’s apparent strategy garity, sex and violence are pervasive let it work. of delay and attack over so many long in television programming, in the mov- It is my suggestion that everyone months has only succeeded in stringing ies, and in much of today’s books that should exercise some self-restraint out a judgment day that is increas- pretend to pass for literature. The Na- against calling for impeachment or ingly threatening, and has only made tion is inexorably sinking toward the censure or for the President’s resigna- bad matters worse. Former President lowest common denominator in its tion. Nixon, in an earlier tragedy for the Na- standards and values. Haven’t we had Who knows? I may do that before it tion and for all of us who were here and enough? is all over. But not now. We should ex- lived through it, tried the same thing— I think our country sinks beneath the yoke; ercise some self-restraint against call- delay, delay, delay, and counter-at- It weeps, it bleeds, and each new day ing for impeachment, or censure, or for A gash is added to her wounds. tack, attack, attack—and it failed in resignation—until the other body has the end. Yes, talk of impeachment and cen- had an opportunity to study and sift We seem to be living recent history sure and resignation is in the air. It is through the Starr report. all over again. As the Book of Eccle- on almost everybody’s mind with There are many avenues down which siastes plainly tells us, ‘‘There is no whom I have talked. we could travel as we grapple with this new thing under the sun.’’ Time seems As we find ourselves being brought matter. Among them is the path of of- to be turning backward in its flight, nearer and nearer, as it would seem, to ficial censure which some have sug- and many of the mistakes that Presi- a yawning abyss, I urge that we all step gested. Others may think that censure dent Nixon made are being made all back and give ourselves and the coun- is ‘‘meaningless.’’ Let me state for the over again. try a little pause in which to reflect record that that is not my view. I have We also must stop and remember and meditate before we cast ourselves written in my work on the Senate that that this is a sad time for the Presi- headlong over the precipice. dent and his family, a sad time for his To say we ought to get on with im- censure has no constitutional basis. friends and supporters throughout the peachment and ‘‘get the thing behind It doesn’t mean that censure is un- country, a sad time for the devoted us’’ is a bold thing to say; but boldness, constitutional. Just as ‘‘holds’’ that members of his staff who have labored to the point of cavalierness, can come are placed on bills and resolutions have and sacrificed and given so much for a back to haunt us. no basis in the Senate rules, they nev- man in whom they implicitly believed. I suggest that we Senators should let ertheless have grown up as a custom It is a sad time for members of his cab- the House do its work and wait to see here, and such ‘‘holds’’ are practiced. inet and heads of agencies who publicly what action that body takes. The Sen- I have observed that censure is not defended him and who depended on his ate cannot vote on Articles of Impeach- mentioned in the Constitution. But, word. ment—we all know that—until the certainly censure is not ‘‘meaning- But it is an even sadder time for the House formulates such articles and pre- less.’’ It is a serious and emphatic ex- country. As a schoolboy, I looked upon sents them by its managers to the Sen- pression of condemnation and dis- George Washington and Thomas Jeffer- ate—if it ever does so. I also suggest approval. Censure by the Congress is a son and James Madison and Abraham that putting ‘‘this thing behind us’’ is major blot on the record and reputa- Lincoln as my idols to be emulated; I not going to be an easy thing to do. If tion of a public official. While at this looked upon Babe Ruth and Jack Congress reaches that stage of voting point, I prefer to reserve judgment on Dempsey and Charles Lindbergh and on Articles of Impeachment it is going that course, it should not be simply Benjamin Franklin and Thomas Edison to be a traumatic experience for all of brushed off as ‘‘meaningless.’’ and Nathan Hale and Daniel Morgan us, both here in this city and through- And we must not fail to consider the and Nathaniel Green and Stonewall out the country. The House is in no po- lessons of history. For my part, I have Jackson as my heroes. I was taught, as sition to formulate Articles of Im- seen history repeat itself. I served on most of us were, to revere God. I was peachment prior to its receipt and con- the Senate Judiciary Committee and taught to believe the Bible, and that a sideration of—and I emphasize consid- was the Democratic Whip during the judgment day would surely come when eration—the Starr report. The Judici- weeks and months of the Nixon trag- we would all be punished for our sins or ary Committee—I am talking about edy. Some of the aspects of that trag- be saved by our faith and good works. the Judiciary Committee in the edy can be seen in the problems that The old couple who raised me taught House—will undoubtedly want to hold are today confronting us. Some aspects me by their example and their words hearings before it formulates any Arti- are different. Much is the same. not to lie but to tell the truth, not to cles of Impeachment if such appear to By April 1973, there had been talk of cheat but to be honest; but what will be called for. impeachment of President Nixon, with parents tell their children today? Can That is the House’s charge; that is some people saying that he should re- they tell them to plow a straight fur- the House’s responsibility, not ours. If sign. On May 23 of that year, I said, row and that honesty is still the best and when such Articles are presented ‘‘As of now, there is no reason for policy? To whom can our young people here to the Senate—they are not President Nixon to resign, and talk of look for inspiration? amendable here, and the Senate, in impeachment is at best, premature, I recently asked a question on this such cases, is limited to an up-or-down and, at worst, reckless.’’ Citing the floor, ‘‘Where have all the heroes vote on each Article—that will be a lack of hard evidence ‘‘to date,’’ I also September 9, 1998 CONGRESSIONAL RECORD — SENATE S10111 said, ‘‘It is a time for restraint and so- comes to worst, will carry a heavy bur- proof are somehow required in order to briety in our words, our actions, and den in that event. We must not com- convict. Such standards run the gamut our judgments.’’ promise any final decision by rushing from the lowest threshold, proof by I later said that impeachment would to judgment in advance. I trust that we ‘‘preponderance of the evidence,’’ require ‘‘hard evidence’’ of Nixon’s will all weigh carefully, in our own which must be met by plaintiffs in complicity in Watergate and would minds and hearts, the possible con- most civil cases; to the next highest also require strong ‘‘public opinion to sequences to the nation of our words standard, proof by ‘‘clear and convinc- support’’ impeachment and conviction. and actions and judgments if that duty ing evidence,’’ employed in some class- And I say to my colleagues here today, ultimately should beckon us. If it does, es of civil cases; to the most rigorous it will require strong ‘‘public opinion there will be many difficult questions. standard, ‘‘proof beyond a reasonable to support’’ impeachment and convic- What is an impeachable offense? We doubt,’’ imposed for criminal cases. Of tion of any President in the future. read in last weekend’s newspaper. And course, Mr. President, a Senator may ‘‘We all shrink from taking a step what is meant by ‘‘high crimes and apply any standard of proof he or she that is the most drastic step author- misdemeanors’’? We heard the question desires, or may choose to apply no set ized in the Constitution,’’ I said. I asked on television. Gerald Ford, in re- standard whatever. But, given the his- added that ‘‘the bare possibility of res- marks to the House of Representatives tory of impeachment in the United ignation of Mr. Nixon at some point is in April 1970, stated: ‘‘The only honest States and the fact that neither civil a more likely event than impeach- answer is that an impeachable offense penalties nor criminal punishments are ment.’’ Those are my quotes as I look is whatever a majority of the House of applicable in impeachment cases, any back. Representatives considers [it] to be at talk of standards of proof seems rather On January 28, 1974, I was a guest on a given moment in history; conviction pointless and likely to be unproduc- ‘‘Washington’s Straight Talk,’’ a 30- results from whatever offense or of- tive. minute public television interview fenses two-thirds’’—not just 60—‘‘of the If they have taught us nothing else, show. In reference to the impact that other body considers to be sufficiently the events of recent months at least the Watergate Affair was having on the serious to require removal of the ac- should have taught us the essential im- President, I stated: ‘‘There is no ques- cused from office.’’ portance of restraint. As Members of tion but that his influence has been Even though the debates and actions this body, we are all likely to be sorely greatly eroded. I doubt that he can at the Philadelphia Convention regard- tested in this matter. The nation will ever regain the confidence of the Amer- ing impeachment appear on the record look to us for leadership. And in criti- ican people.’’ I also said that impeach- to have been comparatively sparse, cal times, real leadership often re- ment of the President ‘‘is becoming a they seem to indicate clearly enough quires one to turn one’s back on the more realistic possibility, but there is that the framers intended the phrase daily hue and cry and quietly sort still no groundswell for impeachment.’’ ‘‘high Crimes and Misdemeanors’’ to through the noise of competing inter- I was talking about a Republican Presi- subsume corruption, maladministra- ests for the one overriding, essential dent in that instance. ‘‘There is an un- tion, gross and wanton neglect of duty, interest. Such a course demands re- easiness on impeachment because of misuse of official power, and other vio- straint and discipline. We, who may the paralysis that would come with it,’’ lations of the public trust by office- one day be called upon to bear the I said then. holders.’’ brunt of the responsibility of deciding I cosponsored a resolution directing The interpretation of the Constitu- the fate of a president, must reach for the Committee on Rules and Adminis- tion’s clause on impeachable offenses those qualities at this time. tration—on which I served and still entered into the ratification debates. And so, I respectfully urge everyone serve—to review all existing rules and James Iredell, speaking at the North in this town to calm down for a little precedents that applied to impeach- Carolina Convention, declared that the while and contemplate with serious- ment trials in order to recommend any ‘‘power of impeachment’’ given by the ness the impact that our actions may revisions to the rules that might be Constitution was ‘‘to bring great of- have on the well-being of the nation, necessary. The result of our work was fenders to punishment. . . . for crime and the paralysis which we may be an exhaustively researched publica- which it is not easy to describe, but spawning if we continue to be mesmer- tion, titled, ‘‘Procedure and Guidelines which every one must be convinced is a ized with each new rumor, and each for Impeachment Trials in the United high crime and misdemeanor against new titillating whisper. The Presi- States Senate.’’ The Senate was, in- the government.’’ Iredell, who would dent’s situation—and the Congress’, deed, gearing up for an impeachment later serve as a Supreme Court justice, the media’s, and the public’s all-con- trial—if needed. said that the ‘‘occasion’’ for exercise of suming obsession with it—has contrib- But, on Thursday, August 8, 1974—al- the impeachment power ‘‘will arise uted to a loss of focus on, and atten- most a quarter of a century ago—Presi- from acts of great injury to the com- tion to, many aspects of our national dent Nixon resigned, his resignation to munity, and the objects of it may be life that have far-reaching con- be effective at noon the next day. And such as cannot be easily reached by an sequences; and we shall see a continu- promptly after noon on Friday, August ordinary tribunal.’’ ation of that loss of focus when and if 9, Gerald Ford was sworn in as the 38th Alexander Hamilton, hoping to influ- the time ever comes that we have to President. ence the critical New York decision on vote on an impeachment resolution. Mr. President, just as I urged caution ratification, explained in The Federal- Nowhere is this more true than in the and patience in 1973 and 1974, I urge ist No. 65: realm of foreign policy. In the few that same course now. I suggest that A well constituted court for the trial of snippets of newspaper and news shows we try to restrain ourselves and wait impeachments, is an object not more to be which attempt to turn our attention until the House of Representatives has desired than difficult to be obtained in a gov- from our unfortunate domestic travails had an opportunity to examine the ernment wholly elective. The subjects of its and focus instead on events overseas, contents of Mr. Starr’s report. It will jurisdiction are those offenses which proceed we can see the troubling signs of a long be forthcoming soon, I hear. Perhaps from the misconduct of public men, or in and difficult winter ahead. before the week is out. Let us, as Sen- other words from the abuse or violation of In the Balkans, the Serb-dominated ators, remember that if the House ulti- some public trust. They are of a nature Yugoslav Army has reportedly rounded which may with peculiar propriety to be de- mately votes to impeach this Presi- nominated political, as they relate chiefly to up ethnic Albanian men and boys of dent—and we all should be careful not injuries done immediately to the society fighting age in the province of Kosovo, to attempt to influence the other itself. . . . What it may be asked is the true labeling them all ‘‘terrorists.’’ This ac- body—when I say ‘‘we all’’ I have ref- spirit of the institution itself? Is it not de- tion bears the bloody stains of earlier erence to ourselves, to the executive signed as a method of national inquest into Serbian ‘‘ethnic cleansing’’ in neigh- branch and to the media—in any way the conduct of public men? boring Bosnia that eventually led to a in a decision which should rest with A misconception that has surfaced massive intervention by NATO. What the House, and it alone—we Senators, during impeachment trials is the no- action, if any, should the U.S. take? I who must sit as jurors if the worst ever tion that criminal or civil standards of fear that our lack of attention may S10112 CONGRESSIONAL RECORD — SENATE September 9, 1998 allow the situation to get even further but we will be judged on what we do or One year ago, September 8, 1997, the out of hand. what we do not do. One of the quotes federal debt stood at $5,411,319,000,000 In Iraq, troubling questions have from the Federalist Paper No. 65, from (Five trillion, four hundred eleven bil- been raised about an unwillingness to Alexander Hamilton, that you did not lion, three hundred nineteen million). deal with continued Iraqi intransigence use, which I think defines the role you Five years ago, September 8, 1993, the over weapons inspections. Russia’s have taken in this debate, is the line federal debt stood at $4,391,317,000,000 economy and indeed her very govern- where Hamilton sees a Senate which is (Four trillion, three hundred ninety- ment appear on the verge of dissolu- ‘‘unawed and uninfluenced.’’ I think one billion, three hundred seventeen tion. North Korea has launched a long your lesson today to us is we should be million). range missile right over our ally, unawed, but we should also be Ten years ago, September 8, 1988, the Japan. In China and elsewhere, many uninfluenced. And I can say that if I federal debt stood at $2,605,450,000,000 tens of thousands of people face the were to be tried in the Senate, if I were (Two trillion, six hundred five billion, coming winter hungry and homeless as innocent, I would look to Senator BYRD four hundred fifty million). a result of floods and fires and as my greatest hope; if I were guilty, I Fifteen years ago, September 8, 1983, droughts. And, not least, acts of terror- would look to him as my greatest fear. the federal debt stood at ism against U.S. embassies and inter- Finally, before yielding the floor, the $1,355,323,000,000 (One trillion, three ests continue to threaten. All of these Senator asked, Where are the heroes? I hundred fifty-five billion, three hun- unhappy circumstances will challenge would like to say that for those who dred twenty-three million) which re- the U.S. economy and U.S. leadership. know him, ROBERT C. BYRD is a hero. flects a debt increase of more than $4 It ill behooves us all to become so en- When I think of great men and women trillion—$4,193,377,311,164.48 (Four tril- meshed in the current web of scandal who have sat in this body as Senators lion, one hundred ninety-three billion, that we ignore or obscure opportunities whose names you might want to put up three hundred seventy-seven million, to deal with these serious challenges next to Cicero and Cato, I include the three hundred eleven thousand, one before they escalate into full-blown name of ROBERT C. BYRD on that list. I hundred sixty-four dollars and forty- crises. am very proud to serve in the Senate eight cents) during the past 15 years. We cannot continue to swirl in this with him. f I think his comments today really re- miasma of misery if we are to judi- COMPREHENSIVE TEST BAN flect on the posture that the Senate ciously carry out our duties as the rep- TREATY should take. I have no doubt that Sen- resentatives of the people. Impeach- Mr. BIDEN. Mr. President, I want to ment is among the most serious, if not ator BYRD will take that posture. I intend to do my best to take it as well. commend to my colleagues the excep- the most serious, duty meted out to us tionally thoughtful lead editorial in in the Constitution that we are sworn I yield the floor. Mr. BYRD. Mr. President, I thank yesterday morning’s Washington Post. to support and defend. Let us wait for the distinguished Senator for his It is entitled ‘‘The Test Ban and Arms the facts to come out before we rush to words, which I take very seriously, and Control,’’ and it makes some cogent judgment as to the action we should for his kindness, as always, to me. points about the Comprehensive Test- take. Let us wait for the House to de- I hope that I have spoken wisely. I Ban Treaty and a Senate where few ob- termine those facts from the report hope that I will not be misunderstood. jections are raised to the Treaty itself, that will shortly be presented to it. I simply think that before we reach a but most Republicans still cast sym- And then, hopefully, we can all see judgment on this President or any bolic votes against it. what the facts are. other President—and I said this when The Post notes correctly that leading There are serious challenges to our Mr. Nixon was in the docks, as it Senate Republicans seem to assume nation ahead. Here in the Senate, we were—I hope that we Senators will not that a national missile defense is the may be called upon to help restore such advocate impeachment or censure or only answer to the problems of nuclear forgotten qualities as courage, integ- resignation at least until the Starr re- proliferation and the risk of nuclear rity, dignity, fairness, and thoughtful- port has reached the House and the war. ness to a situation marked, for the House has had an opportunity to con- As the Post concludes, however, trea- most part, by the absence of those duct hearings, if it so chooses, and has ties like the Chemical Weapons Con- characteristics. For my part, I shall formulated articles, if it so chooses. vention and the Comprehensive Test- pray that we who serve here will do our There will be plenty of time then for Ban Treaty ‘‘are capable of serving best to restore the sense of serious con- Senators to reach that judgment. In American requirements well.’’ What- templation and quiet duty expected of the meantime, we have much to do. I ever one’s views on national missile de- us under the Constitution and by the thank the distinguished Senator. fense, those treaties ‘‘would strengthen good people of this nation during times Mr. FEINGOLD addressed the Chair. the American position in the world.’’ of testing and crisis. The PRESIDING OFFICER. The Sen- I would note two areas in which I dis- Mr. President, I yield the floor. ator from Wisconsin. agree with the Post editorial. First of The PRESIDING OFFICER. The Sen- Mr. FEINGOLD. Mr. President, I ap- all, the Test-Ban Treaty was signed 2 ator from Texas. preciate the remarks of the Senator years ago, rather than ‘‘earlier this Mr. GRAMM. Mr. President, I wanted from West Virginia, obviously, as fun- year.’’ The Treaty was submitted to to respond, if I might, for just a damental a matter as we can have be- the Senate nearly a full year ago, and minute, to Senator BYRD. First of all, I fore us, but I share the Senator’s view has languished because the Republican would like to thank him for the lesson that prior to the release of the report, leadership is afraid to let it come up. of his speech today. Our founders did there are many matters that need our I do not accept the Post’s pessimistic not write the Constitution and then sit attention. First on that list is what we view, moreover, of the Test-Ban Trea- down and wonder about what they have been debating today and will be ty’s chances on the floor. In last week’s would do about corruption in public debating tomorrow, and that is the ex- vote, moderate Republicans could sup- men. In fact, when they wrote the Con- tremely urgent need to pass campaign port their Leader without doing any stitution the first power enumerated finance reform. tangible harm. for the House of Representatives in the f When the Test-Ban Treaty finally Constitution is the power to impeach. comes up for a vote on ratification, This was no afterthought. When the THE VERY BAD DEBT BOXSCORE however, I am confident that at least founders wrote, in article I, section 3, Mr. HELMS. Mr. President, at the 67 members will support it, just as they about the first power of the Senate, it close of business yesterday, Tuesday, supported the Chemical Weapons Con- was the power to try all impeachments. September 8, 1998, the federal debt vention last year. So Senator BYRD, I would like to thank stood at $5,548,700,311,164.48 (Five tril- With those two caveats, I strongly you for reminding us that this is a high lion, five hundred forty-eight billion, urge my colleagues to read Tuesday’s constitutional responsibility. seven hundred million, three hundred Post editorial and I ask unanimous None of us will be judged based on eleven thousand, one hundred sixty- consent that it be printed in the what the President did or did not do, four dollars and forty-eight cents). RECORD. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10113 There being no objection, the edi- especially on a new national missile de- tions, thereby increasing substantially torial ordered to be printed in the fense—to ensure the security of the United the potential workload of the federal RECORD, as follows: States. Such a missile defense is in the judiciary.’’ Earlier in the year, the works, but questions remain about its stra- [From the Washington Post, Sept. 8, 1998] Chief Justice raised concerns about tegic purpose, efficacy and cost. The pace of THE TEST BAN AND ARMS CONTROL pondering these questions has itself become ‘‘federalizing’’ certain juvenile crimes, An early Senate vote on funds for imple- a sharp political issue. Meanwhile, some sen- noting that ‘‘federal prosecutions mentation of the comprehensive nuclear test ators carelessly would throw away the incre- should be limited to those offenses that ban treaty indicates that the two-thirds ma- ments to American security that could be cannot and should not be prosecuted in jority needed to ratify the test ban may be added by cooperation with other friendly the state courts.’’ lacking. There would be some votes from the countries in matters such as the chemical The National District Attorneys As- Republican majority for a treaty, but at this weapons treaty, the nuclear nonproliferation sociation (NDAA) and other law en- moment the dominant blocking position of treaty and the test ban. forcement agencies have also written the party leadership looks strong. The evi- These are imperfect instruments, but they dent resistance to ratification is attributed are capable of serving American require- me with their concerns about this bill. not simply to dissatisfaction with some of ments well. Even if a missile defense of mini- In May, William Murphy, President of the treaty’s terms—there isn’t all that much mal cost, deadly accuracy and reliability the NDAA, expressed NDAA’s serious dissatisfaction—but to a fundamental and were ready today, which it is not, those in- concerns about parts of S.10, including wrongheaded quarrel with the premises of struments would strengthen the American the fact that ‘‘S.10 goes too far’’ in arms control itself. position in the world. changing the ‘‘core mandates’’ which Modern arms control was invented during f the Cold War to restrict the nuclear armor- have kept juveniles safer and away ies of the then-two great powers and, if not THE PROPOSED UNANIMOUS CON- from adults while in jail for over 25 to bring something deserving of the name of SENT AGREEMENT FOR REPUB- years. Mr. Murphy also criticized S.10’s peace between them, then to lessen the risks LICAN JUVENILE CRIME BILL, S. new juvenile record keeping require- and costs of their preparing for nuclear war. 10 ments as ‘‘burdensome and contrary to There were ups and downs, and their ulti- most state laws.’’ He further noted mate worth can be argued, but there is no de- Mr. LEAHY. Mr. President, last that S.10 failed to provide ‘‘any lee way nying that at a certain point Ronald Reagan Thursday, after Senators had been in- to give juveniles a second chance by demolished arms control as everyone had formed that there would be no more providing for the option to seal or ex- known it. votes that day and after I had already From being a policy aimed at producing punge records.’’ nuclear parity or stalemate in a condition of headed for home to Vermont, Repub- I have also heard from numerous reduced but continuing political hostility, licans came to the floor to propose a State and local officials across the arms control became under President narrow procedural device in connection U.S., including the National Governors’ Reagan a bold program to end Soviet-Amer- with the Republican juvenile crime Association, the Council of State Gov- ican nuclear competition and beyond that, to bill, S.10. ernments (Eastern Regional Con- close out the Cold War itself by seeing to the No one had advised me that the Sen- ference), the U.S. Conference of May- transformation of the Soviet Union. Many ate Republican leadership planned to ors, the National Association of Coun- other hands, especially Mikhail Gorbachev’s, proceed to S.10 on Thursday. After a shared in this task. But Ronald Reagan was ties and the National Conference of a leading contributor to the different state year of inaction on this bill—which was State Legislatures. All of them have of affairs we enjoy with Russia to this day. voted on by the Judiciary Committee expressed concerns about the restric- Since the Cold War’s demise, the urgency in July 1997—the Republicans did not tions this bill would place on their has gone out of classical arms control. The even seek a response to their proposal. ability to combat and prevent juvenile United States, far from deterring Russia and Instead, they rushed to the floor in am- crime effectively. Last June, the Presi- preserving a balance of terror, is helping bush fashion. Russia dismantle its excessive and expensive dent of the National Conference of The failure of this Congress to take State Legislatures cautioned that the nuclear capability, concentrating on the up and pass responsible juvenile crime specter of ‘‘loose nukes’’—weapons under un- new mandates placed on the States by certain official control and vulnerable to pri- legislation does not rest with the S.10 could ‘‘imbalance the constitu- vate theft and misuse. Still, the weapons Democrats, and no procedural floor tionally designed relationship between that most trouble the United States and gimmick by the Republican majority the federal government and the Russia are those in the hands, or in the aspi- can change that fact. states.’’ rations, of third countries. Nonproliferation Over the past year, I have spoken on He further noted that ‘‘[s]tates han- or counter-proliferation is at the heart of the floor of the Senate and at hearings dle crime in a more flexible and more post-Cold War arms control. on several occasions about my con- This is the context in which the com- responsive manner than the federal prehensive test ban treaty, which was dec- cerns with this legislation. At the same government’’ and urged the Senate not ades in the making, finally was signed ear- time, I have expressed my willingness to impose a single ‘‘federal ‘fix’ upon lier this year. This arms-control perennial to work with the Chairman in a bipar- all fifty states and the territories.’’ had changed from being a check on Russian tisan manner to improve this juvenile In short, S.10 as reported by the Judi- and American arms programs into a re- crime bill. ciary Committee is a bill laden with straint on the spread of weapons of mass de- I am not alone in my criticisms and problems—so much so that, at last struction among assorted regimes around in wanting to see changes in this bill. count, the bill has lost a quarter of its the world. This is the test ban’s 21st century It has been blasted by virtually every mission: to give the multitude of nations an Republican cosponsors since introduc- additional lever with which to press Iran and major newspaper in the United States. tion. Iraq, North Korea, India, Pakistan and The Philadelphia Inquirer concluded The unanimous consent agreement Israel—and rogues elsewhere—to abandon or that the bill ‘‘is fatally flawed and proposed by the Republicans would slow their nuclear urges. should be rejected.’’ The Los Angeles limit debate of juvenile justice and Leading Senate Republicans perversely Times described the bill as ‘‘peppered other crime matters. Ironically, it persist in blaming the test ban, and by ex- with ridiculous poses and penalties’’ would permit the Republicans to offer tension the whole updated post-Cold War and as taking a ‘‘rigid, counter- a substitute to their own bill, but not framework of arms control, for nuclear and chemical and other programs being pursued productive approach’’ to juvenile crime allow Democrats the same opportunity. by various countries. These naive senators prevention. The St. Petersburg Times The only additional amendments in seem to believe that arms-control measures called the bill ‘‘an amalgam of bad and order under their plan would be five on are magically self-enforcing. They fail to un- dangerous ideas.’’ each side. derstand that the signatories of arms-control The bill has also been criticized by When the Judiciary Committee agreements must take upon themselves the national leaders ranging from Chief Chairman indicated on the floor that burdens of observing their terms and of en- Justice Rehnquist to Marian Wright the minority has had the text of the forcing compliance to others’ formal pledges Edelman, President of the Children’s proposed Hatch-Sessions substitute for of self-denial. If the signatories fall short, ‘‘well over a month,’’ he was incorrect. the responsibility falls on them, not on the Defense Fund. agreements. In May, the Chief Justice criticized In fact, we only got a copy of the sub- The senators also profess to rely on Amer- S.10 because it would ‘‘eviscerate this stitute on the same day that the Re- ican power and American technology alone— traditional deference to state prosecu- publicans proposed their unanimous S10114 CONGRESSIONAL RECORD — SENATE September 9, 1998 consent agreement and had not had an 150 years of excellence, and I know that S. 1379. An act to amend section 552, United opportunity to review it. its outstanding tradition, professional States Code, and the National Security Act While I appreciate that we are short commitment, and community service of 1947 to require disclosure under the Free- of time in this Congress and that, con- will continue in the years ahead. dom of Information Act regarding certain persons, disclosure Nazi war criminal records sequently, the Republican leadership f without impairing any investigation or pros- would like to limit the number of ecution conducted by the Department of Jus- amendments the Democrats may offer, CORRECTIONS TO THE LIST OF OB- JECTIONABLE PROVISIONS IN tice or certain intelligence, and for other I must point out that the Hatch-Ses- purposes. sions substitute alone contains sub- THE FISCAL YEAR 1999 INTERIOR H.R. 629. An act to grant the consent of the stantial changes to over 160 separate APPROPRIATIONS BILL Congress to the Texas Low-Level Radio- paragraphs of this reported bill. Mr. MCCAIN. Mr. President, yester- active Waste Disposal Compact. While I do not believe that Demo- day I submitted a list of objectionable H.R. 4059. An act making appropriations crats will have close to 160 additional provisions in the FY’99 Interior Appro- for military construction, family housing, and base realignment and closure for the De- amendments to the bill, I believe that priations bill for the RECORD. I wish to partment of Defense for the fiscal year end- we will want to offer more than five. make two clarifications to that list ing September 30, 1999, and for other pur- We are continuing to pare down the which came to my attention. poses. amendments that Democrats plan to First, I learned that the Navajo In- f offer to S.10 to address the substantial dian Irrigation Project was not re- criticisms leveled at this bill. We are quested for a funding level of more MEASURES PLACED ON THE continuing to negotiate in good faith than $97 million. Instead, the allocated CALENDAR on a unanimous consent agreement to amount for the NIIP project was equal The following bills were read the sec- ensure that Senate consideration of to the requested level of $25.5 million, ond time and placed on the calendar: this legislation is fair, full and produc- but this information was not clear in H.R. 2183. An act to amend the Federal tive. The attempted ambush at the out- the committee bill. I removed this Election Campaign Act of 1971 to reform the set of this process, however, suggests item from my list of objectionable pro- financing of campaigns for elections for Fed- that the Republican leadership is more visions. eral office, and for other purposes. interested in placing blame for its in- Second, two separate listings for the H.R. 3682. An act to amend title 18, United action than in actually moving to con- removal of the Elwha dam removal States Code, to prohibit taking minors project were requested for funding, across State lines to avoid law requiring the sideration of the bill. involvement of parents in abortion decisions. f based on its authorization in P.L. 102– 495. These items should not have been f BOSTON UNIVERSITY SCHOOL OF listed as objectionable according to my EXECUTIVE AND OTHER MEDICINE CELEBRATES 150 YEARS established ‘‘pork criteria.’’ These two COMMUNICATIONS Mr. KENNEDY. Mr. President, I rise items are removed from the list: (1) The following communications were today to pay tribute to Boston Univer- $29,500,000 for the purchase of the laid before the Senate, together with sity School of Medicine on its 150 anni- Elwha Project and Glines Canyon accompanying papers, reports, and doc- versary. The School of Medicine has a Project; and, (2) $2,000,000 for planning uments, which were referred as indi- long and distinguished history, and I and design, removal of Elwha Dam in cated: am proud to join in paying tribute to Olympic National Park, WA. its remarkable leadership for the city I wish to thank the individuals who EC–6671. A communication from the Sec- of Boston and the nation. retary of Agriculture transmitting a draft of brought these matters to my attention proposed legislation entitled ‘‘The Depart- Boston University School of Medicine and for providing the necessary infor- ment of Agriculture Working Capital Fund was founded in 1848 as the New England mation to clarify this mistake. Act’’; to the Committee on Agriculture, Nu- Female Medical College, and was the Mr. President, I wish to state that trition, and Forestry. first institution in the world to offer the revised total amount of $222.4 mil- EC–6672. A communication from the Sec- medical education to women. In 1864, lion included in this bill still rep- retary of the Judicial Conference of the the school graduated its first African- resents an inordinately high level of United States, transmitting a draft of pro- American female physician, Rebecca wasteful spending. I sincerely hope posed legislation regarding the restructuring Lee. In 1873, Boston University merged that we will do better by the American of the District Court of the Virgin Islands as an Article III court; to the Committee on the with the New England Female Medical people with stricter fiscal spending Judiciary. College to establish a co-educational that abides by the appropriate legisla- EC–6673. A communication from the Acting School of Medicine. tive process. Clerk of the United States Court of Federal In addition to being the first medical f Claims, transmitting, pursuant to law, a Re- school to graduate women, Boston Uni- view Panel report regarding a settlement in versity School of Medicine was also the MESSAGES FROM THE PRESIDENT the case of Menominee Indian Tribe of Wis- first school to establish Home Medical Messages from the President of the consin v. The United States (Docket 93– Services, an educational and patient United States were communicated to 649X); to the Committee on the Judiciary. the Senate by Mr. McCathran, one of EC–6674. A communication from the Acting care service that continues today. The Clerk of the United States Court of Federal School of Medicine has constantly in- his secretaries. Claims, transmitting, pursuant to law, a Re- troduced innovations in medical edu- EXECUTIVE MESSAGES REFERRED view Panel report regarding the case of cation and played a central role in de- As in executive session the Presiding Inslaw, Inc. v. The United States (Docket 95– veloping the Boston University School Officer laid before the Senate messages 338X); to the Committee on the Judiciary. of Public Health. from the President of the United EC–6675. A communication from the Acting Down through the years, Boston Uni- States submitting sundry nominations Assistant Attorney General, Department of versity School of Medicine has pro- which were referred to the appropriate Justice, transmitting a draft of proposed leg- vided outstanding service to our com- islation entitled ‘‘The Threat Protection for committees. Former Presidents Act’’; to the Committee munity. It is renowned for its clinical (The nominations received today are on the Judiciary. care and its professional training in a printed at the end of the Senate pro- EC–6676. A communication from the Direc- vast network of affiliated hospitals in- ceedings.) tor of the Office of Regulatory Management cluding Boston Medical Center, com- f and Information, Environmental Protection munity health centers, and physicians’ Agency, transmitting, pursuant to law, the offices. In 1995, this commitment to MESSAGES FROM THE HOUSE report of a rule entitled ‘‘Modification of service earned the school the Associa- ENROLLED BILLS SIGNED Significant New Use Rules for Certain Sub- tion of American Medical College’s At 6:24 p.m., a message from the stances’’ (FRL6019–2) received on August 28, 1998; to the Committee on Environment and Outstanding Community Service House of Representatives, delivered by Public Works. Award. Mr. Hays, one of its reading clerks, an- EC–6677. A communication from the Direc- Mr. President, I congratulate Boston nounced that the Speaker has signed tor of the Office of Regulatory Management University School of Medicine on its the following enrolled bills: and Information, Environmental Protection September 9, 1998 CONGRESSIONAL RECORD — SENATE S10115 Agency, transmitting, pursuant to law, the report of a rule regarding the delegation of (FRL6152–4) received on August 28, 1998; to report of a rule entitled ‘‘Public Water Sys- authority for new source performance stand- the Committee on Environment and Public tem Program; Removal of Obsolete Rule’’ ards under the Clean Air Act State Imple- Works. (FRL6121–7) received on August 28, 1998; to mentation Plan for North Dakota (FRL6150– EC–6697. A communication from the Direc- the Committee on Environment and Public 6) received on August 28, 1998; to the Com- tor of the Office of Regulatory Management Works. mittee on Environment and Public Works. and Information, Environmental Protection EC–6678. A communication from the Assist- EC–6689. A communication from the Direc- Agency, transmitting, pursuant to law, the ant Secretary for Fish and Wildlife and tor of the Office of Regulatory Management report of a rule entitled ‘‘Approval and Pro- Parks, Department of the Interior, transmit- and Information, Environmental Protection mulgation of Implementation Plans; Califor- ting, pursuant to law, a report on the Ala Agency, transmitting, pursuant to law, the nia State Implementation Plan Revision, Kahakai Trail, Hawaii; to the Committee on report of a rule entitled ‘‘Approval and Pro- South Coast Air Quality Management Dis- Energy and Natural Resources. mulgation of Air Quality Implementation trict’’ (FRL6142–5) received on August 28, EC–6679. A communication from the Policy Plans; Maryland; Conditional Limited Ap- 1998; to the Committee on Environment and and Regulations Specialist, Fish and Wildlife proval of Major VOC Source RACT and Public Works. Service, Department of the Interior, trans- Minor VOC Source Requirements’’ (FRL6148– EC–6698. A communication from the Direc- mitting, pursuant to law, the report of a rule 9) received on August 28, 1998; to the Com- tor of the Office of Regulatory Management and Information, Environmental Protection regarding correcting amendments to Alaska mittee on Environment and Public Works. Subsistence Taking of Fish and Wildlife Reg- EC–6690. A communication from the Direc- Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘National Emission ulations (RIN1018–AE12) received on August tor of the Office of Regulatory Management Standards for Hazardous Air Pollutants; 28, 1998; to the Committee on Energy and and Information, Environmental Protection Aerospace Manufacturing and Rework Fa- Natural Resources. Agency, transmitting, pursuant to law, the cilities’’ (FRL6154–1) received on August 28, EC–6680. A communication from the Assist- report of a rule entitled ‘‘Approval and Pro- 1998; to the Committee on Environment and ant Secretary for Land and Minerals Man- mulgation of Implementation Plans; Califor- Public Works. agement, Department of the Interior, trans- nia State Implementation Plan Revision; EC–6699. A communication from the Assist- mitting, pursuant to law, the Department’s Yolo-Solano Air Quality Management Dis- ant Secretary for Fish and Wildlife and annual report on royalty management and trict’’ (FRL6150–9) received on August 28, Parks, Department of the Interior, transmit- delinquent account collection activities for 1998; to the Committee on Environment and ting, pursuant to law, the report of a rule en- fiscal year 1997; to the Committee on Energy Public Works. titled ‘‘Migratory Bird Hunting; Early-Sea- and Natural Resources. EC–6691. A communication from the Direc- sons and Bag and Possession Limits for Cer- EC–6681. A communication from the Gen- tor of the Office of Regulatory Management tain Migratory Game Birds in the Contig- eral Counsel of the Department of the Treas- and Information, Environmental Protection uous United States, Alaska, Hawaii, Puerto ury, transmitting a draft of proposed legisla- Agency, transmitting, pursuant to law, the Rico, and the Virgin Islands’’ (RIN1018–AE93) tion to allow for regulations prescribing an report of a rule entitled ‘‘Approval and Pro- received on August 28, 1998; to the Commit- alternative interest accounting methodol- mulgation of Implementation Plans; Com- tee on Environment and Public Works. ogy; to the Committee on Finance. monwealth of Kentucky’’ (FRL6152–9) re- EC–6700. A communication from the Assist- EC–6682. A communication from the Chief ceived on August 28, 1998; to the Committee ant Secretary for Fish and Wildlife and of the Regulations Unit, Internal Revenue on Environment and Public Works. Parks, Department of the Interior, transmit- Service, Department of the Treasury, trans- EC–6692. A communication from the Direc- ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule tor of the Office of Regulatory Management titled ‘‘Migratory Bird Hunting; Final entitled ‘‘Weighted Average Interest Rate and Information, Environmental Protection Frameworks for Early-Season Migratory Update’’ (Notice 98–44) received on August 28, Agency, transmitting, pursuant to law, the Bird Hunting Regulations’’ (RIN1018–AE93) 1998; to the Committee on Finance. report of a rule entitled ‘‘1998 Reporting No- received on August 28, 1998; to the Commit- EC–6683. A communication from the Chief tice and Technical Amendment; Partial Up- tee on Environment and Public Works. of the Regulations Unit, Internal Revenue dating of TSCA Inventory Data Base; Pro- EC–6701. A communication from the Ad- Service, Department of the Treasury, trans- duction and Site Reports’’ (FRL6028–3) re- ministrator of the General Services Adminis- mitting, pursuant to law, the report of a rule ceived on August 28, 1998; to the Committee tration, transmitting, pursuant to law, an al- entitled ‘‘Requirements Incident to Adoption on Environment and Public Works. teration prospectus for the U.S. Custom- and Use of LIFO Inventory Method’’ (Notice EC–6693. A communication from the Direc- house in New Orleans, LA (Number PLA– 98–46) received on August 28, 1998; to the tor of the Office of Regulatory Management 99004) received on August 28, 1998; to the Committee on Finance. and Information, Environmental Protection Committee on Environment and Public EC–6684. A communication from the Chief Agency, transmitting, pursuant to law, the Works. of the Regulations Division, Bureau of Alco- report of a rule entitled ‘‘Approval and Pro- EC–6702. A communication from the Assist- hol, Tobacco and Firearms, Department of mulgation of Air Quality Implementation ant Administrator for Fisheries, National the Treasury, transmitting, pursuant to law, Plans; Commonwealth of Pennsylvania; En- Oceanic and Atmospheric Administration, the report of a rule regarding hard cider, hanced Motor Vehicle Inspection and Main- Department of Commerce, transmitting, pur- semi-generic wine designations, and whole- tenance Program’’ (FRL6148–3) received on suant to law, the report of a rule entitled sale liquor dealer’s signs (RIN1512–A71) re- August 28, 1998; to the Committee on Envi- ‘‘Fisheries of the Exclusive Economic Zone ceived on August 28, 1998; to the Committee ronment and Public Works. Off Alaska; Revision to Recordkeeping and on Finance. EC–6694. A communication from the Direc- Reporting Requirements’’ (RIN0648–AK36) re- EC–6685. A communication from the Com- tor of the Office of Regulatory Management ceived on August 28, 1998; to the Committee missioner of Social Security, transmitting and Information, Environmental Protection on Commerce, Science, and Transportation. EC–6703. A communication from the Direc- an updated version of the report entitled Agency, transmitting, pursuant to law, the tor of the Office of Sustainable Fisheries, ‘‘Social Security and Supplemental Security report of a rule entitled ‘‘Approval and Pro- National Oceanic and Atmospheric Adminis- Income Statistics by Congressional Dis- mulgation of Air Quality Implementation tration, Department of Commerce, transmit- trict’’; to the Committee on Finance. Plans; Maryland; Amendments to VOC Regu- ting, pursuant to law, the report of a rule en- EC–6686. A communication from the Direc- lations for Dry Cleaning and Stage I Vapor titled ‘‘Fisheries of the Exclusive Economic tor of the Office of Regulatory Management Recovery’’ (FRL6148–1) received on August Zone Off Alaska; Species in the Rock Sole/ and Information, Environmental Protection 28, 1998; to the Committee on Environment Flathead Sole/‘‘Other Flatfish’’ Fishery Cat- Agency, transmitting, pursuant to law, the and Public Works. egory by Vessels Using Trawl Gear in the report of a rule entitled ‘‘Hazardous Waste EC–6695. A communication from the Direc- Bering Sea and Aleutian Islands’’ (I.D. Recycling; Land Disposal Restrictions; Final tor of the Office of Regulatory Management 081498A) received on August 28, 1998; to the Rule; Administrative Stay’’ (FRL6153–2) re- and Information, Environmental Protection Committee on Commerce, Science, and ceived on August 28, 1998; to the Committee Agency, transmitting, pursuant to law, the Transportation. on Environment and Public Works. report of a rule entitled ‘‘Approval and Pro- EC–6704. A communication from the Assist- EC–6687. A communication from the Direc- mulgation of Air Quality Implementation ant Secretary for Export Administration, tor of the Office of Regulatory Management Plans; Pennsylvania: Attainment Dem- Department of Commerce, transmitting, pur- and Information, Environmental Protection onstration and Contingency Measures for the suant to law, the report of a rule entitled Agency, transmitting, pursuant to law, the Liberty Borough PM–10 Nonattainment ‘‘Revocation of Reexport Authorizations report of a rule entitled ‘‘Approval and Pro- Area’’ (FRL6149–1) received on August 28, Issued Prior to June 15, 1996’’ (RIN0694–AB74) mulgation of Implementation Plans and Sec- 1998; to the Committee on Environment and received on August 28, 1998; to the Commit- tion 111(d) Plan; State of Missouri’’ Public Works. tee on Commerce, Science, and Transpor- (FRL6150–8) received on August 28, 1998; to EC–6696. A communication from the Direc- tation. the Committee on Environment and Public tor of the Office of Regulatory Management EC–6705. A communication from the Asso- Works. and Information, Environmental Protection ciate Managing Director for Performance EC–6688. A communication from the Direc- Agency, transmitting, pursuant to law, the Evaluation and Records Management, Fed- tor of the Office of Regulatory Management report of a rule entitled ‘‘Approval and Pro- eral Communications Commission, transmit- and Information, Environmental Protection mulgation of Implementation Plan for New ting, pursuant to law, the report of a rule en- Agency, transmitting, pursuant to law, the Mexico: General Conformity Rules’’ titled ‘‘Personal Communications Industry S10116 CONGRESSIONAL RECORD — SENATE September 9, 1998 Association’s Broadband Personal Commu- on August 28, 1998; to the Committee on tation, transmitting, pursuant to law, the re- nications Services Alliance’s Petition for Commerce, Science, and Transportation. port of a rule entitled ‘‘Special Local Regu- Forbearance For Broadband Personal Com- EC–6715. A communication from the Gen- lations; Riverbend Festival, Tennessee River munications Services’’ (Docket 98–100) re- eral Counsel of the Department of Transpor- Miles 463.5 to 464.5, Chattanooga, TN’’ (Dock- ceived on August 28, 1998; to the Committee tation, transmitting, pursuant to law, the re- et 08–98–027) received on August 28, 1998; to on Commerce, Science, and Transportation. port of a rule entitled ‘‘Regulated Naviga- the Committee on Commerce, Science, and EC–6706. A communication from the Asso- tion Area; San Juan Harbor, San Juan, PR’’ Transportation. ciate Managing Director for Performance (Docket 07–98–023) received on August 28, EC–6726. A communication from the Gen- Evaluation and Records Management, Fed- 1998; to the Committee on Commerce, eral Counsel of the Department of Transpor- eral Communications Commission, transmit- Science, and Transportation. tation, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- EC–6716. A communication from the Gen- port of a rule entitled ‘‘Special Local Regu- titled ‘‘Table of Allotments; FM Broadcast eral Counsel of the Department of Transpor- lations; Riverfest; Mississippi River Miles Stations (Ashton, Idaho and West Yellow- tation, transmitting, pursuant to law, the re- 51.0–53.0, Cape Girardeau, MO’’ (Docket 08–98– stone, Montana)’’ (Docket 97–200) received on port of a rule entitled ‘‘Safety Zone: Ken- 026) received on August 28, 1998; to the Com- August 28, 1998; to the Committee on Com- nedy Fireworks, New York Harbor, Upper mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. Bay’’ (Docket 01–98–113) received on August tation. EC–6707. A communication from the Asso- 28, 1998; to the Committee on Commerce, ciate Managing Director for Performance Science, and Transportation. EC–6727. A communication from the Gen- Evaluation and Records Management, Fed- EC–6717. A communication from the Gen- eral Counsel of the Department of Transpor- eral Communications Commission, transmit- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- tation, transmitting, pursuant to law, the report of a rule entitled ‘‘Special Local Regu- titled ‘‘Table of Allotments; FM Broadcast port of a rule entitled ‘‘Safety Zone: Baptiste lations; ‘‘Duckin’ Down the River’’; Arkan- Stations (Albion, Honeoye Falls and South Collette Bayou from Lower Mississippi River sas River Mile 308.0–309.0, Ft. Smith, AR’’ Bristol Township, New York)’’ (Docket 97– Mile 11.3 to Lighted Buoy #21 in Breton (Docket 08–98–016) received on August 28, 200) received on August 28, 1998; to the Com- Sound (COTP New Orleans, LA 98–019)’’ re- 1998; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- ceived on August 28, 1998; to the Committee Science, and Transportation. tation. on Commerce, Science, and Transportation. EC–6728. A communication from the Gen- EC–6708. A communication from the Asso- EC–6718. A communication from the Gen- eral Counsel of the Department of Transpor- ciate Managing Director for Performance eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- Evaluation and Records Management, Fed- tation, transmitting, pursuant to law, the report of a rule entitled ‘‘Special Local Regu- eral Communications Commission, transmit- port of a rule entitled ‘‘Airworthiness Direc- lations; Key West, Florida’’ (Docket 07–98– ting, pursuant to law, the report of a rule en- tives; Bell Helicopter Textron, Inc. Model 030) received on August 28, 1998; to the Com- titled ‘‘Table of Allotments; FM Broadcast 214B, 214B–1, and 214ST Helicopters’’ (Docket mittee on Commerce, Science, and Transpor- Stations (Nassawadox, Virginia)’’ (Docket 94–SW–29–AD) received on August 28, 1998; to tation. 97–189) received on August 28, 1998; to the the Committee on Commerce, Science, and EC–6729. A communication from the Gen- Committee on Commerce, Science, and Transportation. eral Counsel of the Department of Transpor- Transportation. EC–6719. A communication from the Gen- tation, transmitting, pursuant to law, the re- EC–6709. A communication from the Asso- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Special Local Regu- ciate Managing Director for Performance tation, transmitting, pursuant to law, the relations; Fort Lauderdale, FL’’ (Docket 07–98– Evaluation and Records Management, Fed- port of a rule entitled ‘‘Airworthiness Direc- 026) received on August 28, 1998; to the Com- eral Communications Commission, transmit- tives; Sikorsky Aircraft Corporation Model mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- S–61A, D, E, L, N, NM, R, and V Helicopters; tation. titled ‘‘Review of the Commission’s Rules Correction’’ (Docket 97–SW–18–AD) received Regarding the Main Studio and Local Public on August 28, 1998; to the Committee on EC–6730. A communication from the Gen- Inspection Files of Broadcast Television and Commerce, Science, and Transportation. eral Counsel of the Department of Transpor- Radio Stations’’ (Docket 97–138) received on EC–6720. A communication from the Gen- tation, transmitting, pursuant to law, the re- August 28, 1998; to the Committee on Com- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Safety/Security Zone merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- Regulations’’ (RIN2115–AA97) received on Au- EC–6710. A communication from the Gen- port of a rule entitled ‘‘Federal Motor Vehi- gust 28, 1998; to the Committee on Com- eral Counsel of the Department of Transpor- cle Safety Standards; Occupant Crash Pro- merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- tection; Anthropomorphic Test Dummy’’ EC–6731. A communication from the Gen- port of a rule entitled ‘‘Safety and Security (Docket NHTSA–98–4358) received on August eral Counsel of the Department of Transpor- Zones; Presidential Visit, Martha’s Vine- 28, 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- yard, MA’’ (Docket 01–98–115) received on Au- Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- gust 28, 1998; to the Committee on Com- EC–6721. A communication from the Gen- tives; Boeing Model 747 and 767 Series Air- merce, Science, and Transportation. eral Counsel of the Department of Transpor- planes Equipped with Rolls-Royce Model EC–6711. A communication from the Gen- tation, transmitting, pursuant to law, the re- RB211G/H Engines’’ (Docket 98–NM–194–AD) eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Drawbridge Oper- received on August 28, 1998; to the Commit- tation, transmitting, pursuant to law, the re- ation Regulations: Lake Champlain, VT’’ tee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Safety and Security (Docket 01–98–124) received on August 28, tation. Zone; Presidential Visit, Martha’s Vineyard, 1998; to the Committee on Commerce, EC–6732. A communication from the Gen- MA’’ (Docket 01–98–114) received on August Science, and Transportation. eral Counsel of the Department of Transpor- 28, 1998; to the Committee on Commerce, EC–6722. A communication from the Gen- tation, transmitting, pursuant to law, the re- Science, and Transportation. eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Revision of the Legal EC–6712. A communication from the Gen- tation, transmitting, pursuant to law, the re- Description of the Memphis Class B Airspace eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Drawbridge Oper- Area; TN’’ (RIN2120–AA66) received on Au- tation, transmitting, pursuant to law, the re- ation Regulations: Anacostia River, Wash- gust 28, 1998; to the Committee on Com- port of a rule entitled ‘‘Safety Zone; Gulf of ington D.C.’’ (Docket 05–98–017) received on merce, Science, and Transportation. Alaska, Southeast of Narrow Cape, Kodiak August 28, 1998; to the Committee on Com- Island, Alaska (COTP Western Alaska 98– merce, Science, and Transportation. EC–6733. A communication from the Gen- 003)’’ received on August 28, 1998; to the Com- EC–6723. A communication from the Gen- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- tation. tation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Direc- EC–6713. A communication from the Gen- port of a rule entitled ‘‘Special Local Regu- tives; Eurocopter France Model SA 3180, SA eral Counsel of the Department of Transpor- lation: Fireworks Displays Within the First 318B, SA 318C, SE 3130, SE 313B, SA.315B, tation, transmitting, pursuant to law, the re- Coast Guard District’’ (Docket 01–98–127) re- SA.316B, SA.316C, SA.319B, and SE.3160 Heli- port of a rule entitled ‘‘Safety Zone; Suisun ceived on August 28, 1998; to the Committee copters’’ (Docket 98–SW–36–AD) received on Bay, Sacramento River, San Joaquin River, on Commerce, Science, and Transportation. August 28, 1998; to the Committee on Com- San Francisco, CA (COTP San Francisco EC–6724. A communication from the Gen- merce, Science, and Transportation. Bay; 98–021)’’ received on August 28, 1998; to eral Counsel of the Department of Transpor- EC–6734. A communication from the Gen- the Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- Transportation. port of a rule entitled ‘‘Safety Zones, Secu- tation, transmitting, pursuant to law, the re- EC–6714. A communication from the Gen- rity Zones, and Special Local Regulations’’ port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- (Docket 1998–4306) received on August 28, tives; British Aerospace (Jetstream) Model tation, transmitting, pursuant to law, the re- 1998; to the Committee on Commerce, 4100 Series Airplanes’’ (Docket 98–NM–86–AD) port of a rule entitled ‘‘Safety Zone; Connec- Science, and Transportation. received on August 28, 1998; to the Commit- tions Unlimited Fireworks, New York Har- EC–6725. A communication from the Gen- tee on Commerce, Science, and Transpor- bor, Upper Bay’’ (Docket 01–98–123) received eral Counsel of the Department of Transpor- tation. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10117 EC–6735. A communication from the Gen- and Urban Development, transmitting, pur- Service, Department of Agriculture, trans- eral Counsel of the Department of Transpor- suant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule tation, transmitting, pursuant to law, the re- ‘‘Uniform Physical Condition Standards and entitled ‘‘Nectarines and Peaches Grown in port of a rule entitled ‘‘Airworthiness Direc- Physical Inspection Requirements for Cer- California; Revision of Handling and Report- tives; Textron Lycoming and Teledyne Con- tain HUD Housing’’ (FR–4280) received on ing Requirements for Fresh Nectarines and tinental Motors Reciprocating Engines’’ September 2, 1998; to the Committee on Peaches’’ (No. FV98–916–1 FIR) received on (Docket 98–ANE–27–AD) received on August Banking, Housing, and Urban Affairs. September 2, 1998; to the Committee on Agri- 28, 1998; to the Committee on Commerce, EC–6747. A communication from the Gen- culture, Nutrition, and Forestry. Science, and Transportation. eral Counsel of the Department of Housing EC–6757. A communication from the Ad- EC–6736. A communication from the Gen- and Urban Development, transmitting, pur- ministrator of the Agricultural Marketing eral Counsel of the Department of Transpor- suant to law, the report of a rule entitled Service, Department of Agriculture, trans- tation, transmitting, pursuant to law, the re- ‘‘Uniform Financial Reporting Standards for mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Prohibition Against HUD Housing Programs’’ (FR–4321) received entitled ‘‘Kiwifruit grown in California; De- Certain Flights Within The Territory and on September 2, 1998; to the Committee on creased Assessment Rate’’ (Docket FV98–920– Airspace of Afghanistan’’ (Docket 27744) re- Banking, Housing, and Urban Affairs. 3 IFR) received on September 7, 1998; to the ceived on August 28, 1998; to the Committee EC–6748. A communication from the Gen- Committee on Agriculture, Nutrition, and on Commerce, Science, and Transportation. eral Counsel of the Department of Housing Forestry. EC–6737. A communication from the Gen- and Urban Development, transmitting, pur- EC–6758. A communication from the Con- eral Counsel of the Department of Transpor- suant to law, the report of a rule entitled gressional Review Coordinator, Animal and tation, transmitting, pursuant to law, the re- ‘‘Public Housing Assessment System’’ (FR– Plant Health Inspection Service, Department port of a rule entitled ‘‘Prohibition Against 4313) received on September 2, 1998; to the of Agriculture, transmitting, pursuant to Certain Flights Within The Territory and Committee on Banking, Housing, and Urban law, the report of a rule entitled ‘‘Animal Airspace of Sudan’’ (Docket 29317) received Affairs. Welfare; Marine Mammals, Swim-with-the- on August 28, 1998; to the Committee on EC–6749. A communication from the Gen- Dolphin Programs’’ (Docket 93–076–10) re- Commerce, Science, and Transportation. eral Counsel of the Department of Housing ceived on September 2, 1998; to the Commit- EC–6738. A communication from the Gen- and Urban Development, transmitting, pur- tee on Agriculture, Nutrition, and Forestry. eral Counsel of the Department of Transpor- suant to law, the report of a rule entitled EC–6759. A communication from the Con- tation, transmitting, pursuant to law, the re- ‘‘Termination of an Approved Mortgagee’s gressional Review Coordinator, Animal and port of a rule entitled ‘‘Financial Respon- Original Approval Agreement’’ (FR4239) re- Plant Health Inspection Service, Department sibility Requirements for Licensed Launch ceived on September 2, 1998; to the Commit- of Agriculture, transmitting, pursuant to Activities’’ (Docket 28635) received on Au- tee on Banking, Housing, and Urban Affairs. law, the report of a rule entitled ‘‘Brucel- gust 28, 1998; to the Committee on Com- EC–6750. A communication from the Legis- losis; Increased Indemnity for Cattle and merce, Science, and Transportation. lative and Regulatory Activities Division, Bison’’ (Docket 98–016–2) received on Septem- EC–6739. A communication from the Gen- Comptroller of the Currency and Adminis- ber 2, 1998; to the Committee on Agriculture, eral Counsel of the Department of Transpor- trator of the Banks, transmitting, pursuant Nutrition, and Forestry. tation, transmitting, pursuant to law, the re- EC–6760. A communication from the Dep- to law, the report of a rule entitled ‘‘Risk port of a rule entitled ‘‘Amendment of Class uty Executive Director of the Commodity Based Capital Standards: Unrealized Holding E Airspace; Savannah, TN’’ (Docket 98–ASO– Futures Trading Commission, transmitting, Gains on Certain Equity Securities’’ (Docket 7) received on August 28, 1998; to the Com- pursuant to law, the report of a rule entitled 98–75) received on September 2, 1998; to the mittee on Commerce, Science, and Transpor- ‘‘Maintenance of Minimum Financial Re- Committee on Banking, Housing, and Urban tation. quirements by Futures Commission Mer- Affairs. EC–6740. A communication from the Gen- chants and Introducing Brokers’’ received on EC–6751. A communication from the Legis- eral Counsel of the Department of Transpor- September 2, 1998; to the Committee on Agri- lative and Regulatory Activities Division, tation, transmitting, pursuant to law, the re- culture, Nutrition, and Forestry. port of a rule entitled ‘‘Establishment of Comptroller of the Currency and Adminis- EC–6761. A communication from the Dep- Class E Airspace; Hartford, KY’’ (Docket 98– trator of the Banks, transmitting, pursuant uty Executive Director of the Commodity ASO–10) received on August 28, 1998; to the to law, the report of a rule entitled ‘‘Ex- Futures Trading Commission, transmitting, Committee on Commerce, Science, and tended Examination Cycle for U.S. Branches pursuant to law, the report of a rule entitled Transportation. and Agencies of Foreign Banks’’ (RIN3064– ‘‘Orders Eligible for Post-Execution Alloca- EC–6741. A communication from the Gen- AC15) received on September 2, 1998; to the tion’’ received on September 2, 1998; to the eral Counsel of the Department of Transpor- Committee on Banking, Housing, and Urban Committee on Agriculture, Nutrition, and tation, transmitting, pursuant to law, the re- Affairs. Forestry. port of a rule entitled ‘‘Amendment to Class EC–6752. A communication from the Fed- EC–6762. A communication from the Direc- E Airspace; Clinton, IA’’ (Docket 98–ACE–26) eral Register Liaison Officer, Office of Thrift tor of the Office of Personnel Management, received on August 28, 1998; to the Commit- Supervision, Department of the Treasury, transmitting, pursuant to law, the report of tee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Employees Health tation. a rule entitled ‘‘Risk-Based Capital Stand- Benefits Program: Contributions and EC–6742. A communication from the Sec- ards: Unrealized Holding Gains on Certain Witholdings’’ (RIN3206–AI33) received on Sep- retary of the Interior, transmitting, pursu- Equity Securities’’ (RIN1550–AB11) received tember 2, 1998; to the Committee on Govern- ant to law, the Department’s report on im- on September 07, 1998; to the Committee on mental Affairs. plementation of provisions of the Small Banking, Housing, and Urban Affairs. EC–6763. A communication from the Acting Business Regulatory Enforcement Fairness EC–6753. A communication from the Ad- Comptroller General of the United States, Act; to the Committee on Energy and Natu- ministrator of the Rural Utilities Service, transmitting, pursuant to law, a list of Gen- ral Resources. Department of Agriculture, transmitting, eral Accounting Office reports issued or re- EC–6743. A communication from the Assist- pursuant to law, the report of a rule entitled leased in July 1998; to the Committee on ant Secretary for Fish and Wildlife and ‘‘Year 2000 Compliance, Telecommunications Governmental Affairs. Parks, Department of the Interior, transmit- Program’’ (RIN0572–AB43) received on Sep- EC–6764. A communication from the Acting ting, pursuant to law, a National Trails Sys- tember 2, 1998; to the Committee on Agri- Comptroller General of the United States, tem report on the El Camino Real de los culture, Nutrition, and Forestry. transmitting, pursuant to law, a report enti- Tejas Trail; to the Committee on Energy and EC–6754. A communication from the Ad- tled ‘‘Financial Audit; Capitol Preservation Natural Resources. ministrator of the Food Safety and Inspec- Fund’s Fiscal Years 1997 and 1996 Financial EC–6744. A communication from the Com- tion Service, Department of Agriculture, Statements’’; to the Committee on Govern- missioner of the Bureau of Reclamation, De- transmitting, pursuant to law, the report of mental Affairs. partment of the Interior, transmitting, a a rule entitled ‘‘Refrigeration and Labeling EC–6765. A communication from the Mayor draft of proposed legislation entitled ‘‘Hoo- Requirements for Shell Eggs’’ (RIN0583– of the District of Columbia, transmitting, ver Dam Miscellaneous Sales Act’’; to the AC04) received on September 2, 1998; to the pursuant to law, notice of the Mayor’s re- Committee on Energy and Natural Re- Committee on Agriculture, Nutrition, and sponse to the legislative recommendations of sources. Forestry. the District of Columbia Financial Respon- EC–6745. A communication from the Gen- EC–6755. A communication from the Ad- sibility and Management Assistance Author- eral Counsel of the Department of Housing ministrator of the Agricultural Marketing ity; to the Committee on Governmental Af- and Urban Development, transmitting, pur- Service, Department of Agriculture, trans- fairs. suant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule EC–6766. A communication from the Chair- ‘‘Replacement Housing Factor in Moderniza- entitled ‘‘Pork Promotion, Research, and man of the Council of the District of Colum- tion Funding—Final Rule’’ (FR–4125–F–02) Consumer Information Order—Decrease in bia, transmitting, pursuant to law, notice of received on September 2, 1998; to the Com- Importer Assessments’’ (No. LS–98–004) re- the Council’s response to the legislative rec- mittee on Banking, Housing, and Urban Af- ceived on September 7, 1998; to the Commit- ommendations of the District of Columbia fairs. tee on Agriculture, Nutrition, and Forestry. Financial Responsibility and Management EC–6746. A communication from the Gen- EC–6756. A communication from the Ad- Assistance Authority; to the Committee on eral Counsel of the Department of Housing ministrator of the Agricultural Marketing Governmental Affairs. S10118 CONGRESSIONAL RECORD — SENATE September 9, 1998 EC–6767. A communication from the Assist- tion, Department of Health and Human Serv- By Mr. MURKOWSKI, from the Committee ant Secretary for Fish and Wildlife and ices, transmitting, pursuant to law, the re- on Energy and Natural Resources, without Parks, Department of the Interior, transmit- port of a rule entitled ‘‘Amended Economic amendment: ting, pursuant to law, the report of a rule en- Impact Analysis of Final Rule Requiring Use H.R. 2186. A bill to authorize the Secretary titled ‘‘Migratory Bird Hunting; Migratory of Labeling on Natural Rubber Containing of the Interior to provide assistance to the Bird Hunting Regulations on Certain Federal Devices’’ (Docket 96N–0119) received on Sep- National Historic Trails Interpretive Center Indian Reservations and Ceded Lands for the tember 7, 1998; to the Committee on Labor in Casper, Wyoming (Rept. No. 105–323). 1998–99 Early Season’’ (RIN1018–AE93) re- and Human Resources. S. 2272. A bill to amend the boundaries of Grant-Kohrs Ranch National Historic Site in ceived on September 2, 1998; to the Commit- f tee on Indian Affairs. the State of Montana (Rept. No. 105–324). EC–6768. A communication from the Ad- REPORTS OF COMMITTEES f ministrator of the General Services Adminis- The following reports of committees INTRODUCTION OF BILLS AND tration, transmitting, pursuant to law, the were submitted: Administration’s report on the cost of oper- JOINT RESOLUTIONS ating privately owned vehicles; to the Com- By Mr. MCCAIN, from the Committee on The following bills and joint resolu- mittee on Governmental Affairs. Commerce, Science, and Transportation, without amendment: tions were introduced, read the first EC–6769. A communication from the Chair- and second time by unanimous con- man of the Commission for the Preservation S. 1736. A bill to authorize the Secretary of of America’s Heritage Abroad, transmitting, Transportation to issue a certificate of docu- sent, and referred as indicated: pursuant to law, the Commission’s report mentation with appropriate endorsement for By Mr. WARNER (for himself and Mr. under the Inspector General Act and the employment in the coastwise trade for vessel ROBB): Federal Managers’ Financial Integrity Act; BETTY JANE (Rept. No. 105–314). S. 2450. A bill to make technical correc- By Mr. MCCAIN, from the Committee on to the Committee on Governmental Affairs. tions to the National Capital Revitalization EC–6770. A communication from the Execu- Commerce, Science, and Transportation, and Self-Government Improvement Act of tive Director of the Committee for Purchase with an amendment in the nature of a sub- 1997; to the Committee on Governmental Af- From People Who Are Blind or Severely Dis- stitute and an amendment to the title: fairs. S. 1802. A bill to authorize appropriations abled, transmitting, pursuant to law, the re- By Mr. COVERDELL: for the Surface Transportation Board for fis- port of additions and deletions to the Com- S. 2451. A bill to improve protection and cal years 1999, 2000, and 2001 (Rept. No. 105– mittee’s Procurement List; to the Commit- management of the Chattahoochee River Na- 315). tee on Governmental Affairs. tional Recreation Area in the State of Geor- By Mr. MCCAIN, from the Committee on EC–6771. A communication from the Sec- gia; to the Committee on Energy and Natu- Commerce, Science, and Transportation, retary of Health and Human Services, trans- ral Resources. with an amendment: mitting, pursuant to law, the Department’s By Mrs. BOXER: S. 2096. A bill to authorize the Secretary of report ‘‘Health, United States, 1998’’; to the S. 2452. A bill to amend the Child Abuse Transportation to issue a certificate of docu- Prevention and Treatment Act to require Committee on Labor and Human Resources. mentation with appropriate endorsement for EC–6772. A communication from the Assist- States receiving funds under section 106 of employment in the coastwise trade for the ant Secretary of Labor for Mine Safety and such Act to have in effect a State law provid- vessel FOILCAT (Rept. No. 105–316). Health, transmitting, pursuant to law, the ing for a criminal penalty on an individual By Mr. MCCAIN, from the Committee on report of a rule entitled ‘‘Improving and who fails to report witnessing another indi- Commerce, Science, and Transportation, Eliminating Regulations: Flame Safety vidual engaging in sexual abuse of a child; to with amendments: the Committee on Labor and Human Re- Lamps and Single-Shot Blasting Units’’ S. 2124. A bill to authorize appropriations sources. (RIN1219–AA98) received on September 7, for fiscal year 1999 for the Maritime Admin- By Mr. ROTH: 1998; to the Committee on Labor and Human istration and for other purposes (Rept. No. S. 2453. A bill to amend the Internal Reve- Resources. 105–317). nue Code of 1986 to extend the credit for pro- EC–6773. A communication from the Direc- By Mr. MCCAIN, from the Committee on ducing electricity from certain renewable re- tor of the Regulations Policy and Manage- Commerce, Science, and Transportation, sources; to the Committee on Finance. ment Staff, Food and Drug Administration, without amendment: By Mr. MCCONNELL (for himself, Mr. Department of Health and Human Services, S. 2139. A bill to authorize the Secretary of MOYNIHAN, Mr. LIEBERMAN, and Mr. transmitting, pursuant to law, the report of Transportation to issue a certificate of docu- NICKLES): a rule entitled ‘‘Medical Device Reporting; mentation with appropriate endorsement for S. 2454. A bill to provide for competition Manufacturer Reporting, Importer Report- employment in the coastwise trade for the between forms of motor vehicle insurance, to ing, User Facility Reporting, Distributer Re- vessel YESTERDAYS DREAM (Rept. No. permit an owner of a motor vehicle to choose porting’’ (Docket 98N–0170) received on Sep- 105–318). the most appropriate form of insurance for tember 2, 1998; to the Committee on Labor By Mr. CAMPBELL, from the Committee that person, to guarantee affordable pre- and Human Resources. on Indian Affairs, with an amendment in the miums, to provide for more adequate and EC–6774. A communication from the Direc- nature of a substitute and an amendment to timely compensation for accident victims, tor of the Regulations Policy and Manage- the title: and for other purposes; read the first time. ment Staff, Food and Drug Administration, S. 1770. A bill to elevate the position of Di- f Department of Health and Human Services, rector of the Indian Health Service to Assist- transmitting, pursuant to law, the report of ant Secretary of Health and Human Services, SUBMISSION OF CONCURRENT AND a rule entitled ‘‘Indirect Food Additives: Ad- to provide for the organizational independ- SENATE RESOLUTIONS juvants, Production Aids, and Sanitizers ence of the Indian Health Service within the (polymer stabilizer)’’ (Docket 98F–0057) re- Department of Health and Human Services, The following concurrent resolutions ceived on September 2, 1998; to the Commit- and for other purposes (Rept. No. 105–319). and Senate resolutions were read, and tee on Labor and Human Resources. By Mr. MURKOWSKI, from the Committee referred (or acted upon), as indicated: EC–6775. A communication from the Direc- on Energy and Natural Resources, with an By Mr. BOND (for himself, Mr. tor of the Regulations Policy and Manage- amendment: ASHCROFT, Mrs. BOXER, Mr. CONRAD, ment Staff, Food and Drug Administration, S. 469. A bill to designate a portion of the Ms. COLLINS, Mr. BENNETT, Mr. Department of Health and Human Services, Sudbury, Assabet, and Concord Rivers as a LIEBERMAN, Ms. SNOWE, Mr. KERREY, transmitting, pursuant to law, the report of component of the National Wild and Scenic and Mr. DASCHLE): a rule entitled ‘‘Radiology Devices; Classi- River System (Rept. No. 105–320). S. Res. 273. A resolution recognizing the fications for Five Medical Image Manage- By Mr. MURKOWSKI, from the Committee historic home run record set by Mark ment Devices; Correction’’ (Docket 96N–0320) on Energy and Natural Resources, without McGwire of the St. Louis Cardinals on Sep- received on September 2, 1998; to the Com- amendment: tember 8, 1998; considered and agreed to. mittee on Labor and Human Resources. H.R. 1663. A bill to clarify the intent of the By Mr. FORD: EC–6776. A communication from the Acting Congress in Public Law 93–632 to require the S. Res. 274. A resolution to express the Director of the Regulations Policy and Man- Secretary of Agriculture to continue to pro- sense of the Senate that the Louisville Fes- agement Staff, Food and Drug Administra- vide for the maintenance of 18 concrete dams tival of Faiths should be commended and tion, Department of Health and Human Serv- and weirs that were located in the Emigrant should serve as model for similar festivals in ices, transmitting, pursuant to law, the re- Wilderness at the time the wilderness area other communities throughout the United port of a rule entitled ‘‘Natural Rubber-Con- was designated as wilderness in that Public States; to the Committee on the Judiciary. taining Medical Devices; User Labeling; Cold Law (Rept. No. 105–321). f Seal Adhesives, Partial Stay’’ (Docket 96N– By Mr. CAMPBELL, from the Committee 0119) received on September 7, 1998; to the on Indian Affairs, without amendment: STATEMENTS ON INTRODUCED Committee on Labor and Human Resources. S. 1998. A bill to authorize an interpretive BILLS AND JOINT RESOLUTIONS EC–6777. A communication from the Acting center and related visitor facilities within Director of the Regulations Policy and Man- the Four Corners Monument Tribal Park, By Mr. WARNER (for himself and agement Staff, Food and Drug Administra- and for other purposes (Rept. No. 105–322). Mr. ROBB): September 9, 1998 CONGRESSIONAL RECORD — SENATE S10119 S. 2450. A bill to make technical cor- only if Congress acts quickly. The issue, and I look forward to working rections to the National Capital Revi- State of Georgia, private foundations, with him to pass this important legis- talization and Self-Government Im- corporate entities, private individuals, lation; I ask unanimous consent that provement Act of 1997; to the Commit- and others have already given or the text of this bill be printed in the tee on Governmental Affairs. pledged tens of millions of dollars to RECORD. THE LORTON TECHNICAL CORRECTIONS ACT OF protect and preserve the Chattahoo- There being no objection, the bill was 1998 chee River for future generations of ordered to be printed in the RECORD, as ∑ Mr. WARNER. Mr. President, today I Georgians to enjoy. follows: introduce the Lorton Technical Correc- The legislation I introduce today is a S. 2452 tions Act of 1998, along with my col- Senate companion to legislation intro- Be it enacted by the Senate and House of Rep- league Senator ROBB. duced by Speaker of the House NEWT resentatives of the United States of America in As you know, I along with my col- GINGRICH. I applaud the leadership Congress assembled, league Congressman TOM DAVIS and the Speaker GINGRICH has shown on this SECTION 1. SHORT TITLE. rest of the delegation from the Com- important issue. It is crucial for Con- This Act may be cited as the ‘‘Sherrice Iverson Act’’. monwealth of Virginia succeeded in gress to act quickly on this legislation in order to protect the Chattahoochee SEC. 2. REQUIREMENT ON STATES RECEIVING 1997, in passing the National Capital GRANTS FOR CHILD ABUSE AND NE- Revitalization and Self-Government River, a vital natural resource. I look GLECT PREVENTION AND TREAT- Improvement Act to close the Lorton forward to working with my colleagues MENT PROGRAMS. Complex in its entirety, and relocate in the Senate on this proposal and urge (a) IN GENERAL.—Section 106(b)(2) of the prisoners to other facilities outside of its speedy consideration.∑ Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)) is amended— northern Virginia. By Mrs. BOXER: (1) in subparagraph (C), by striking ‘‘and’’ Under this act, transfer of the Lorton S. 2452. A bill to amend the Child at the end; facility would go to the control of the Abuse Prevention and Treatment Act (2) in subparagraph (D), by striking the pe- U.S. Department of the Interior after to require States receiving funds under riod at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: 2001. Since that time, however, discus- section 106 of such act to have in effect sions with both the affected commu- ‘‘(E) an assurance in the form of a certifi- a State law providing for a criminal cation by the chief executive officer of the nities and the Department of Interior penalty on an individual who fails to have concluded that this is not the best State that the State has in effect and is en- report witnessing another individual forcing a State law providing for a criminal option for ultimate disposal of this engaging in sexual abuse of a child; to penalty on an individual 18 years of age or property, and that the General Serv- the Committee on Labor and Human older who fails to report to a State or local ices Administration would be a better Resources. law enforcement official that the individual agency to assume title to the property has witnessed another individual in the SHERRICE IVERSON ACT for ultimate disposal. State engaging in sexual abuse of a child.’’. ∑ Mr. BOXER. Mr. President, I am Fairfax County would then be able to (b) EFFECTIVE DATE.—The amendment pleased to join Congressman NICK submit a reuse plan to the General made by subsection (a) shall take effect on LAMPSON of Texas today in introducing December 31, 2004.∑ Services Administration delineating the Sherrice Iverson Act. This ‘‘good preferred permissible or required uses samaritan’’ legislation is named in By Mr. ROTH: of the land. It should also be noted that honor of the 7-year old girl molested S. 2453. A bill to amend the Internal the Department of Interior will still and murdered in a Nevada casino in Revenue Code of 1986 to extend the have the authority to use a portion of May of 1997, while a bystander did credit for producing electricity from this property for land exchange, to ex- nothing. certain renewable resources; to the pand the properties of the U.S. Fish Nevada authorities report this vi- Committee on Finance. and Wildlife Service properties, as cious attack was at least partially wit- POULTRY ELECTRIC ENERGY POWER originally envisioned. nessed by David Cash, Jr. the best LEGISLATION I look forward to working with my friend of the assailant. Mr. Cash was in Mr. ROTH. Mr. President, today I in- colleagues to resolve this most impor- a position to stop this brutal murder, troduce legislation that would amend tant issue.∑ yet he did nothing. He then failed to section 45 of the Internal Revenue Code report the crime to the proper authori- to provide a tax credit to biomass en- By Mr. COVERDELL: ties. Nevada officials considered pros- ergy facilities that use chicken manure S. 2451. A bill to improve protection ecuting Mr. Cash for his callous dis- as fuel. and management of the Chattahoochee regard of human life but found no legal Joining me as original cosponsors are River National Recreation Area in the basis for a criminal prosecution. Senators BIDEN, MIKULSKI, SARBANES, State of Georgia; to the Committee on Nevada officials had no legal re- JEFFORDS, HARKIN, HELMS, HUCHINSON, Energy and Natural Resources. course because the state does not have and BUMPERS. CHATTAHOOCHEE NATIONAL RECREATION AREA a ‘‘good Samaritan’’ law requiring wit- Mr. President, I am bullish on poul- BOUNDARIES LEGISLATION nesses to report crimes to the proper try’s future in America. It is hard not ∑ Mr. COVERDELL. Mr. President, authorities. to be with world-wide poultry con- today I introduce legislation which This is wrong and we need to address sumption growing at double-digit would modify the boundaries of the that aspect of our laws. That is exactly rates. Chattahoochee River National Recre- what the Service Iverson Act does. It In the United States, poultry produc- ation Area to protect and preserve the requires that states pass laws requiring tion has tripled since 1975. We now endangered Chattahoochee River and witnesses of child sexual abuse to re- produce almost 8 billion chickens a provide additional recreation opportu- port that crime to the police. If they do year to feed the growing world-wide de- nities for the citizens of Georgia and not pass such laws, states would be- mand for poultry. our nation. This legislation authorizes come ineligible for federal Child Abuse In particular, Delaware, Maryland, the creation of a greenway buffer be- Prevention and Treatment Act funds. and Virginia produce some of the tween the river and private develop- The details of these laws, including the world’s finest poultry. Just last year ment to prevent further pollution from penalties imposed, are left to the Delmarva poultry farmers produced continued development, provide flood states. over 600 million chickens. Our poultry and erosion control, and maintain The bill only requires people to re- farmers are among the most productive water quality for safe drinking water port the crimes they witness; it does and efficient in the world. and for the fish and wildlife dependent not require them to intervene in poten- As the amount of chickens we on the river system. In addition, this tially dangerous situations. Only two produce as a nation has grown, so too legislation promotes private-public states, Vermont and Minnesota, cur- has the amount of manure. partnerships by authorizing $25 million rently have such ‘‘good samaritan’’ Due to environmental pressures, in federal funds for land acquisition for laws. spreading manure on land is no longer the recreation area. This $25 million I want to thank Representative NICK an option in some areas for our rapidly will be matched by private funds but LAMPSON for all his hard work on this growing poultry industry. S10120 CONGRESSIONAL RECORD — SENATE September 9, 1998 In the United Kingdom, several com- S. 1873 limitation on the amount of receipts panies have been able to do what medi- At the request of Mr. COCHRAN, the attributable to military property eval alchemists dreamed of—turning a name of the Senator from Indiana (Mr. which may be treated as exempt for- base element into gold—in this case an COATS) was added as a cosponsor of S. eign trade income. agricultural waste product into elec- 1873, a bill to state the policy of the S. 2308 tricity. United States regarding the deploy- At the request of Mr. GRAHAM, the The UK has two utility plants that ment of a missile defense system capa- name of the Senator from Maryland use poultry manure to generate elec- ble of defending the territory of the (Ms. MIKULSKI) was added as a cospon- tricity. These two poultry power plants United States against limited ballistic sor of S. 2308, a bill to amend title XIX will, when combined with a third missile attack. of the Social Security Act to prohibit scheduled to open this fall, burn 50 per- S. 1993 transfers or discharges of residents of cent of the UK’s total volume of chick- At the request of Ms. COLLINS, the nursing facilities as a result of a vol- en manure. name of the Senator from Michigan untary withdrawal from participation The electricity generated by these (Mr. ABRAHAM) was added as a cospon- in the medicaid program. plants will supply enough power for sor of S. 1993, a bill to amend title 100,000 homes. These plants have the S. 2323 support of both the poultry industry XVIII of the Social Security Act to ad- At the request of Mr. GRASSLEY, the and the international environmental just the formula used to determine names of the Senator from North Caro- community. costs limits for home health agencies lina (Mr. HELMS) and the Senator from The way this system works is simple. under medicare program, and for other Michigan (Mr. ABRAHAM) were added as Power stations buy poultry manure purposes. cosponsors of S. 2323, a bill to amend from surrounding poultry farmers and S. 2017 title XVIII of the Social Security Act transport it to the power station. At At the request of Mr. D’AMATO, the to preserve access to home health serv- the station the manure is burned in a names of the Senator from South Caro- ices under the medicare program. furnace at high temperatures, heating lina (Mr. HOLLINGS) and the Senator S. 2422 water in a boiler to produce steam from North Dakota (Mr. DORGAN) were At the request of Mr. MACK, the name which drives a turbine linked to a gen- added as cosponsors of S. 2017, a bill to of the Senator from New Mexico (Mr. erator. The electricity is then amend title XIX of the Social Security DOMENICI) was added as a cosponsor of transfered to the local electricity grid. Act to provide medical assistance for S. 2422, a bill to provide incentives for It is then used to supply electricity breast and cervical cancer-related states to establish and administer peri- to commercial and residential cus- treatment services to certain women odic teacher testing and merit pay pro- tomers. screened and found to have breast or grams for elementary school and sec- There are no waste products created cervical cancer under a Federally fund- ondary teachers. through this process. Instead, a valued screening program. able by-product emerges in the form of S. 2432 S. 2083 a nitrogen-free ash, which is marketed At the request of Mr. JEFFORDS, the At the request of Mr. GRASSLEY, the as an environmentally friendly fer- name of the Senator from New Mexico name of the Senator from South Caro- tilizer. (Mr. BINGAMAN) was added as a cospon- The legislation I am introducing lina (Mr. THURMOND) was added as a co- sor of S. 2432, a bill to support pro- today will provide a tax credit to en- sponsor of S. 2083, A bill to provide for grams of grants to States to address ergy facilities that use poultry manure Federal class action reform, and for the assistive technology needs of indi- as a fuel to generate electricity. other purposes. viduals with disabilities, and for other It will build on concepts in the tax S. 2180 purposes. code that provide incentives for envi- At the request of Mr. LOTT, the name S. 2448 ronmentally friendly energy produc- of the Senator from Oregon (Mr. SMITH) At the request of Mr. KERRY, the tion. was added as a cosponsor of S. 2180, a names of the Senator from Connecticut I am introducing this legislation in bill to amend the Comprehensive Envi- (Mr. LIEBERMAN) and the Senator from an effort to encourage the development ronmental Response, Compensation, Arkansas (Mr. BUMPERS) were added as of another environmentally-friendly and Liability Act of 1980 to clarify li- cosponsors of S. 2448, a bill to amend method of producing electricity, while ability under that Act for certain recy- title V of the Small Business Invest- at the same time tackling a thorny cling transactions. ment Act of 1958, relating to public pol- animal waste disposal problem. S. 2201 icy goals and real estate appraisals, to This legislation will provide incen- At the request of Mr. TORRICELLI, the amend section 7(a) of the Small Busi- tives to build an energy plant that will names of the Senator from Missouri ness Act, relating to interest rates and not only dispose of poultry manure and (Mr. BOND) and the Senator from Kan- real estate appraisals, and to amend create clean electricity, but will also sas (Mr. ROBERTS) were added as co- section 7(m) of the Small Business Act supply our nation’s farmers with a sponsors of S. 2201, a bill to delay the with respect to the loan loss reserve re- clean fertilizer free of nitrates. effective date of the final rule promul- quirements for intermediaries, and for I urge my colleagues to join me in co- gated by the Secretary of Health and other purposes. sponsoring my bill, the Poultry Elec- Human Services regarding the Organ tric Energy Power Act, affectionately SENATE CONCURRENT RESOLUTION 108 Procurement and Transplantation Net- At the request of Mr. DORGAN, the known as the PEEP Act. It is impor- work. tant for future generations that we names of the Senator from North Caro- S. 2233 continue to explore green technologies lina (Mr. FAIRCLOTH) and the Senator that will protect our environment. At the request of Mr. CONRAD, the from Florida (Mr. MACK) were added as names of the Senator from West Vir- cosponsors of Senate Concurrent Reso- f ginia (Mr. ROCKEFELLER) the Senator lution 108, a concurrent resolution rec- ADDITIONAL COSPONSORS from Ohio (Mr. GLENN) and the Senator ognizing the 50th anniversary of the S. 466 from Ohio (Mr. DEWINE) were added as National Heart, Lung, and Blood Insti- At the request of Mr. LAUTENBERG, cosponsors of S. 2233, a bill to amend tute, and for other purposes. the name of the Senator from Mary- section 29 of the Internal Revenue Code AMENDMENT NO. 3554 land (Mr. SARBANES) was added as a co- of 1986 to extend the placed in service At the request of Mr. FEINGOLD the sponsor of S. 466, a bill to reduce gun date for biomass and coal facilities. names of the Senator from Michigan trafficking by prohibiting bulk pur- S. 2296 (Mr. LEVIN), the Senator from Ohio chases of handguns. At the request of Mr. MACK, the name (Mr. GLENN), the Senator from Con- S. 1295 of the Senator from South Carolina necticut (Mr. LIEBERMAN), and the Sen- At the request of Mr. REID, his name (Mr. HOLLINGS) was added as a cospon- ator from Minnesota (Mr. WELLSTONE) was added as a cosponsor of S. 1295, a sor of S. 2296, a bill to amend the Inter- were added as cosponsors of amend- bill to provide for dropout prevention. nal Revenue Code of 1986 to repeal the ment No. 3554 proposed to S. 2237, an September 9, 1998 CONGRESSIONAL RECORD — SENATE S10121 original bill making appropriations for States was founded on and one that the TITLE II—ENHANCED PROCEDURAL the Department of the Interior and re- United States has embraced throughout its PROTECTIONS FOR CONSUMERS lated agencies for the fiscal year end- history; Sec. 201. Allowance of claims or interests. ing September 30, 1999, and for other Whereas religious diversity, in addition to Sec. 202. Exceptions to discharge. its other benefits, expands the perspectives purposes. Sec. 203. Effect of discharge. and experiences available to this Nation as a Sec. 204. Automatic stay. f whole; Sec. 205. Discharge. Whereas the communication of diverse per- Sec. 206. Discouraging predatory lending SENATE RESOLUTION 273—REC- spectives and experiences between represent- practices. OGNIZING THE HISTORIC HOME atives of different religions can enrich the TITLE III—IMPROVED PROCEDURES FOR RUN RECORD SET BY MARK lives of such individuals and can assist such EFFICIENT ADMINISTRATION OF THE MCGWIRE OF THE ST. LOUIS individuals in developing an appreciation of BANKRUPTCY SYSTEM the commonality between different religions; CARDINALS ON SEPTEMBER 8, Sec. 301. Notice of alternatives. Whereas such communication can also di- 1998 Sec. 302. Fair treatment of secured creditors minish the potential for conflict between re- under chapter 13. Mr. BOND (for himself, Mrs. BOXER, ligious groups at a time when the dangers of Sec. 303. Discouragement of bad faith repeat Mr. CONRAD, Ms. COLLINS, Mr. BEN- religious conflict pose increasingly serious filings. problems throughout the world; and NETT, Mr. LIEBERMAN, and Mrs. SNOWE) Sec. 304. Timely filing and confirmation of Whereas the Louisville Festival of Faiths submitted the following resolution; plans under chapter 13. experience can be replicated without great which was considered and agreed to: Sec. 305. Application of the codebtor stay difficulty in other communities; Now, there- only when the stay protects the S. RES. 273 fore, be it debtor. Whereas, since becoming a St. Louis Car- Resolved, That it is the sense of the Senate Sec. 306. Improved bankruptcy statistics. dinal in 1997, Mark McGwire has helped to that the Louisville Festival of Faiths— Sec. 307. Audit procedures. bring the national pastime of baseball back (1) should be commended for its concept Sec. 308. Creditor representation at first to its original glory; and its achievements to date; and meeting of creditors. Whereas, Mark McGwire has shown leader- (2) should serve as a model for similar fes- Sec. 309. Fair notice for creditors in chapter ship, family values, dedication and a love of tivals in other communities throughout the 7 and 13 cases. baseball as a team sport; United States. Sec. 310. Stopping abusive conversions from Whereas, in April, Mark McGwire began f chapter 13. the season with a home run in each of his AMENDMENTS SUBMITTED Sec. 311. Prompt relief from stay in individ- first four games which tied Willie Mays’ 1971 ual cases. National League record; Sec. 312. Dismissal for failure to timely file Whereas, in May, Mark McGwire hit a 545- schedules or provide required foot home run, the longest in Busch Stadium DEPARTMENT OF THE INTERIOR information. history; AND RELATED AGENCIES APPRO- Sec. 313. Adequate time for preparation for a Whereas, in June, Mark McGwire tied PRIATIONS ACT, 1999 hearing on confirmation of the Reggie Jackson’s record of thirty-seven plan. home runs before the All Star break; Sec. 314. Discharge under chapter 13. Whereas, in August, Mark McGwire be- CLELAND AMENDMENT NO. 3558 Sec. 315. Nondischargeable debts. came the only player in the history of base- Sec. 316. Credit extensions on the eve of ball to hit fifty home runs in three consecu- (Ordered to lie on the table.) Mr. CLELAND submitted an amend- bankruptcy presumed non- tive seasons; dischargeable. Whereas, on September 5, Mark McGwire ment intended to be proposed by him Sec. 317. Definition of household goods and became the third player ever to hit sixty to the bill (S. 2237) making appropria- antiques. home runs in a season; and tions for the Department of the Inte- Sec. 318. Relief from stay when the debtor Whereas, on September 8, 1998, Mark rior and related agencies for the fiscal does not complete intended sur- McGwire broke Roger Maris’ thirty-seven year ending September 30, 1999, and for render of consumer debt collat- year old home run record of sixty-one by hit- other purposes; as follows: eral. ting number sixty-two off Steve Trachsel Sec. 319. Adequate protection of lessors and On page 154, between lines 3, insert the fol- while playing the Chicago Cubs: Now, there- purchase money secured credi- lowing: fore, be it Resolved, that the Senate—recog- tors. nizes and congratulates St. Louis Cardinal, SEC. 3ll. CUMBERLAND ISLAND NATIONAL SEA- Sec. 320. Limitation. Mark McGwire, for setting baseball’s revered SHORE, GEORGIA. Sec. 321. Miscellaneous improvements. home run record, with sixty-two, in his 144th Of funds made available under title V of Sec. 322. Bankruptcy judgeships. game of the season. the Department of the Interior and Related Sec. 323. Preferred payment of child support Agencies Appropriations Act, 1998 (111 Stat. f in chapter 7 proceedings. 1610), $6,400,000 shall be made available for Sec. 324. Preferred payment of child support SENATE RESOLUTION 274—EX- the Cumberland Island National Seashore, in chapter 13 proceedings. PRESSING THE SENSE OF THE Georgia. Sec. 325. Payment of child support required SENATE THAT THE LOUISVILLE f to obtain a discharge in chapter FESTIVAL OF FAITHS SHOULD 13 proceedings. CONSUMER BANKRUPTCY REFORM Sec. 326. Child support and alimony collec- BE COMMENDED AND SHOULD ACT OF 1998 tion. SERVE AS A MODEL FOR SIMI- Sec. 327. Nondischargeability of certain LAR FESTIVALS IN OTHER COM- debts for alimony, mainte- MUNITIES THROUGHOUT THE GRASSLEY (AND HATCH) nance, and support. UNITED STATES AMENDMENT NO. 3559 Sec. 328. Enforcement of child and spousal support. Mr. LOTT (for Mr. GRASSLEY for himself Mr. FORD submitted the following Sec. 329. Dependent child defined. and Mr. HATCH) proposed an amendment to resolution; which was referred to the TITLE IV—FINANCIAL INSTRUMENTS Committee on the Judiciary: the bill (S. 1301) to amend title 11, United States Code, to provide for consumer bank- Sec. 401. Definitions of certain contracts and S. RES. 274 ruptcy protection, and for other purposes; as agreements. Whereas a Festival of Faiths celebrating follows: Sec. 402. Definitions of financial institution the diversity of religion has been held in Strike all after the enacting clause and in- and forward contract merchant. Louisville, Kentucky, in the month of No- sert the following: Sec. 403. Master netting agreement and mas- vember of each of the last 3 years; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ter netting agreement partici- Whereas the Louisville Festival of Faiths pant defined. (a) SHORT TITLE.—This Act may be cited as has provided an opportunity for representa- the ‘‘Consumer Bankruptcy Reform Act of Sec. 404. Swap agreements, securities con- tives of different faiths to communicate with 1998’’. tracts, commodity contracts, each other and learn about each other’s her- forward contracts, repurchase (b) TABLE OF CONTENTS.—The table of con- itage, experiences, and beliefs; tents for this Act is as follows: agreements and master netting Whereas more than 60 faiths have partici- agreements under an automatic pated in the Louisville Festival of Faiths Sec. 1. Short title; table of contents. stay. over the past 3 years; TITLE I—NEEDS-BASED BANKRUPTCY Sec. 405. Limitation of avoidance powers Whereas the freedom to practice religion Sec. 101. Conversion. under master netting agree- in diverse ways is a principle that the United Sec. 102. Dismissal or conversion. ment. S10122 CONGRESSIONAL RECORD — SENATE September 9, 1998 Sec. 406. Fraudulent transfers of master net- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and household of more than 4 individuals, the ting agreements. (B) in paragraph (1), as redesignated by median income shall be that of a household Sec. 407. Liquidation, termination, or accel- subparagraph (A) of this paragraph— of 4 individuals plus $583 for each additional eration of certain instruments. (i) in the first sentence— member of that household.’’. Sec. 408. Municipal bankruptcies. (I) by striking ‘‘but not’’ and inserting (b) CLERICAL AMENDMENT.—The table of Sec. 409. Securities contracts, commodity ‘‘or’’; sections at the beginning of chapter 7 of title contracts, and forward con- (II) by inserting ‘‘, or, with the debtor’s 11, United States Code, is amended by strik- tracts. consent, convert such a case to a case under ing the item relating to section 707 and in- Sec. 410. Ancillary proceedings. chapter 13 of this title,’’ after ‘‘consumer serting the following: Sec. 411. Liquidations. debts’’; and ‘‘707. Dismissal of a case or conversion to a Sec. 412. Setoff. (III) by striking ‘‘substantial abuse’’ and case under chapter 13.’’. Sec. 413. Recordkeeping requirements. inserting ‘‘abuse’’; and TITLE II—ENHANCED PROCEDURAL Sec. 414. Damage measure. (ii) by striking the last sentence and in- PROTECTIONS FOR CONSUMERS Sec. 415. Asset-backed securitizations. serting the following: Sec. 416. Applicability. ‘‘(2) In considering under paragraph (1) SEC. 201. ALLOWANCE OF CLAIMS OR INTERESTS. TITLE V—ANCILLARY AND OTHER whether the granting of relief would be an Section 502 of title 11, United States Code, CROSS-BORDER CASES abuse of the provisions of this chapter, the is amended by adding at the end the follow- court shall consider whether— ing: Sec. 501. Amendment to add a chapter 6 to ‘‘(A) under section 1325(b)(1), on the basis ‘‘(k)(1) The court may award the debtor title 11, United States Code. of the current income of the debtor, the reasonable attorneys’ fees and costs if, after Sec. 502. Amendments to other chapters in debtor could pay an amount greater than or an objection is filed by a debtor, the court— title 11, United States Code. equal to 20 percent of unsecured claims that ‘‘(A)(i) disallows the claim; or TITLE VI—MISCELLANEOUS are not considered to be priority claims (as ‘‘(ii) reduces the claim by an amount Sec. 601. Executory contracts and unexpired determined under subchapter I of chapter 5); greater than 20 percent of the amount of the leases. or initial claim filed by a party in interest; and Sec. 602. Expedited appeals of bankruptcy ‘‘(B) the debtor filed a petition for the re- ‘‘(B) finds the position of the party filing cases to courts of appeals. lief in bad faith. the claim is not substantially justified. Sec. 603. Creditors and equity security hold- ‘‘(3)(A) If a panel trustee appointed under ‘‘(2) If the court finds that the position of ers committees. section 586(a)(1) of title 28 brings a motion a claimant under this section is not substan- Sec. 604. Repeal of sunset provision. for dismissal or conversion under this sub- tially justified, the court may, in addition to Sec. 605. Cases ancillary to foreign proceed- section and the court grants that motion and awarding a debtor reasonable attorneys’ fees ings. finds that the action of the counsel for the and costs under paragraph (1), award such Sec. 606. Limitation. debtor in filing under this chapter was not damages as may be required by the equities TITLE VII—TECHNICAL CORRECTIONS substantially justified, the court shall order of the case.’’. the counsel for the debtor to reimburse the Sec. 701. Definitions. SEC. 202. EXCEPTIONS TO DISCHARGE. trustee for all reasonable costs in prosecut- Sec. 702. Adjustment of dollar amounts. Section 523 of title 11, United States Code, ing the motion, including reasonable attor- Sec. 703. Extension of time. is amended— Sec. 704. Who may be a debtor. neys’ fees. (1) in subsection (a)(2)(A), by striking ‘‘a ‘‘(B) If the court finds that the attorney for Sec. 705. Penalty for persons who neg- false representation’’ and inserting ‘‘a mate- the debtor violated Rule 9011, at a minimum, ligently or fraudulently prepare rial false representation upon which the de- the court shall order— bankruptcy petitions. frauded person justifiably relied’’; and ‘‘(i) the assessment of an appropriate civil Sec. 706. Limitation on compensation of pro- (2) by striking subsection (d) and inserting penalty against the counsel for the debtor; fessional persons. the following: and Sec. 707. Special tax provisions. ‘‘(d)(1) Subject to paragraph (3), if a credi- ‘‘(ii) the payment of the civil penalty to Sec. 708. Effect of conversion. tor requests a determination of the panel trustee or the United States trust- Sec. 709. Automatic stay. dischargeability of a consumer debt under ee. Sec. 710. Amendment to table of sections. this section and that debt is discharged, the ‘‘(C) In the case of a petition referred to in Sec. 711. Allowance of administrative ex- court shall award the debtor reasonable at- subparagraph (B), the signature of an attor- penses. torneys’ fees and costs. ney shall constitute a certificate that the at- Sec. 712. Priorities. ‘‘(2) In addition to making an award to a torney has— Sec. 713. Exemptions. debtor under paragraph (1), if the court finds ‘‘(i) performed a reasonable investigation Sec. 714. Exceptions to discharge. that the position of a creditor in a proceed- into the circumstances that gave rise to the Sec. 715. Effect of discharge. ing covered under this section is not sub- petition; and Sec. 716. Protection against discriminatory stantially justified, the court may award ‘‘(ii) determined that the petition— treatment. reasonable attorneys’ fees and costs under ‘‘(I) is well grounded in fact; and Sec. 717. Property of the estate. paragraph (1) and such damages as may be ‘‘(II) is warranted by existing law or a good Sec. 718. Preferences. required by the equities of the case. faith argument for the extension, modifica- Sec. 719. Postpetition transactions. ‘‘(3)(A) A creditor may not request a deter- tion, or reversal of existing law and does not Sec. 720. Technical amendment. mination of dischargeability of a consumer constitute an abuse under paragraph (1) of Sec. 721. Disposition of property of the es- debt under subsection (a)(2) if— this subsection. tate. ‘‘(i) before the filing of the petition, the ‘‘(4)(A) Except as provided in subparagraph Sec. 722. General provisions. debtor made a good faith effort to negotiate (B), the court may award a debtor all reason- Sec. 723. Appointment of elected trustee. a reasonable alternative repayment schedule able costs in contesting a motion brought by Sec. 724. Abandonment of railroad line. (including making an offer of a reasonable a party in interest (other than a panel trust- Sec. 725. Contents of plan. alternative repayment schedule); and ee) under this subsection (including reason- Sec. 726. Discharge under chapter 12. ‘‘(ii) that creditor refused to negotiate an able attorneys’ fees) if— Sec. 727. Extensions. alternative payment schedule, and that re- ‘‘(i) the court does not grant the motion; Sec. 728. Bankruptcy cases and proceedings. fusal was not reasonable. and Sec. 729. Knowing disregard of bankruptcy ‘‘(B) For purposes of this paragraph, the ‘‘(ii) the court finds that— law or rule. debtor shall have the burden of proof of es- ‘‘(I) the position of the party that brought Sec. 730. Effective date; application of tablishing that— the motion was not substantially justified; amendments. ‘‘(i) an offer made by that debtor under or subparagraph (A)(i) was reasonable; and TITLE I—NEEDS-BASED BANKRUPTCY ‘‘(II) the party brought the motion solely ‘‘(ii) the refusal to negotiate by the credi- SEC. 101. CONVERSION. for the purpose of coercing a debtor into tor involved to was not reasonable.’’. Section 706(c) of title 11, United States waiving a right guaranteed to the debtor Code, is amended by inserting ‘‘or consents under this title. SEC. 203. EFFECT OF DISCHARGE. to’’ after ‘‘requests’’. ‘‘(B) A party in interest that has a claim of Section 524 of title 11, United States Code, is amended by adding at the end the follow- SEC. 102. DISMISSAL OR CONVERSION. an aggregate amount less than $1,000 shall not be subject to subparagraph (A). ing: (a) IN GENERAL.—Section 707 of title 11, ‘‘(5) However, a party in interest may not ‘‘(i) The willful failure of a creditor to United States Code, is amended— bring a motion under this section if the debt- credit payments received under a plan con- (1) by striking the section heading and in- or and the debtor’s spouse combined, as of firmed under this title (including a plan of serting the following: the date of the order for relief, have current reorganization confirmed under chapter 11 of ‘‘§ 707. Dismissal of a case or conversion to a monthly total income equal to or less than this title) in the manner required by the plan case under chapter 13’’; the national median household monthly in- (including crediting the amounts required and come calculated on a monthly basis for a under the plan) shall constitute a violation (2) in subsection (b)— household of equal size. However, for a of an injunction under subsection (a)(2). September 9, 1998 CONGRESSIONAL RECORD — SENATE S10123 ‘‘(j) An individual who is injured by the are primarily consumer debts, that individ- ‘‘(3) any amendments to any of the tax re- failure of a creditor to comply with the re- ual shall be given or obtain (as required in turns, including schedules or attachments, quirements for a reaffirmation agreement section 521(a)(1), as part of the certification described in paragraph (1) or (2); and under subsections (c) and (d), or by any will- process under subchapter 1 of chapter 5) a ‘‘(4) in a case under chapter 13, a statement ful violation of the injunction under sub- written notice prescribed by the United subject to the penalties of perjury by the section (a)(2), shall be entitled to recover— States trustee for the district in which the debtor of the debtor’s income and expendi- ‘‘(1) the greater of— petition is filed pursuant to section 586 of tures in the preceding tax year and monthly ‘‘(A)(i) the amount of actual damages; mul- title 28. The notice shall contain the follow- income, that shows how the amounts are cal- tiplied by ing: culated— ‘‘(ii) 3; or ‘‘(1) A brief description of chapters 7, 11, 12, ‘‘(A) beginning on the date that is the later ‘‘(B) $5,000; and and 13 and the general purpose, benefits, and of 90 days after the close of the debtor’s tax ‘‘(2) costs and attorneys’ fees.’’. costs of proceeding under each of those chap- year or 1 year after the order for relief, un- SEC. 204. AUTOMATIC STAY. ters. less a plan has been confirmed; and Section 362(h) of title 11, United States ‘‘(2) A brief description of services that ‘‘(B) thereafter, on or before the date that Code, is amended to read as follows: may be available to that individual from a is 45 days before each anniversary of the con- ‘‘(h)(1) An individual who is injured by any credit counseling service that is approved by firmation of the plan until the case is closed. willful violation of a stay provided in this the United States trustee or the bankruptcy ‘‘(d)(1) A statement referred to in subsection shall be entitled to recover— administrator for that district.’’. section (c)(4) shall disclose— ‘‘(A) actual damages; and (b) DEBTOR’S DUTIES.—Section 521 of title ‘‘(A) the amount and sources of income of ‘‘(B) reasonable costs, including attorneys’ 11, United States Code, is amended— the debtor; fees. (1) by inserting ‘‘(a)’’ before ‘‘The debtor ‘‘(B) the identity of any persons respon- ‘‘(2) In addition to recovering actual dam- shall—’’; sible with the debtor for the support of any ages, costs, and attorneys’ fees under para- (2) by striking paragraph (1) and inserting dependents of the debtor; and graph (1), an individual described in para- the following: ‘‘(C) the identity of any persons who con- graph (1) may recover punitive damages in ‘‘(1) file— tributed, and the amount contributed, to the appropriate circumstances.’’. ‘‘(A) a list of creditors; and household in which the debtor resides. ‘‘(B) unless the court orders otherwise— ‘‘(2) The tax returns, amendments, and SEC. 205. DISCHARGE. statement of income and expenditures de- Section 727 of title 11, United States Code, ‘‘(i) a schedule of assets and liabilities; ‘‘(ii) a schedule of current income and cur- scribed in paragraph (1) shall be available to is amended— the United States trustee, any bankruptcy (1) in subsection (c), by adding at the end rent expenditures; ‘‘(iii) a statement of the debtor’s financial administrator, any trustee, and any party in the following: interest for inspection and copying, subject ‘‘(3)(A) A creditor may not request a deter- affairs and, if applicable, a certificate— ‘‘(I) of an attorney whose name is on the to the requirements of subsection (e). mination of dischargeability of a consumer ‘‘(e)(1) Not later than 30 days after the date petition as the attorney for the debtor or debt under subsection (a) if— of enactment of the Consumer Bankruptcy any bankruptcy petition preparer signing ‘‘(i) before the filing of the petition, the Reform Act of 1998, the Director of the Ad- the petition pursuant to section 110(b)(1) in- debtor made a good faith effort to negotiate ministrative Office of the United States a reasonable alternative repayment schedule dicating that such attorney or bankruptcy Courts shall establish procedures for safe- (including making an offer of a reasonable petition preparer delivered to the debtor any guarding the confidentiality of any tax infor- alternative repayment schedule); and notice required by section 342(b); or mation required to be provided under this ‘‘(ii) that creditor refused to negotiate an ‘‘(II) if no attorney for the debtor is indi- section. alternative payment schedule, and that re- cated and no bankruptcy petition preparer ‘‘(2) The procedures under paragraph (1) fusal was not reasonable. signed the petition, of the debtor that such shall include restrictions on creditor access ‘‘(B) For purposes of this paragraph, the notice was obtained and read by the debtor; to tax information that is required to be pro- debtor shall have the burden of proof of es- ‘‘(iv) copies of any Federal tax returns, in- vided under this section. tablishing that— cluding any schedules or attachments, filed ‘‘(3) Not later than 1 year after the date of ‘‘(i) an offer made by that debtor under by the debtor for the 3-year period preceding enactment of the Consumer Bankruptcy Re- subparagraph (A)(i) was reasonable; and the order for relief; form Act of 1998, the Director of the Admin- ‘‘(ii) the refusal to negotiate by the credi- ‘‘(v) copies of all payment advices or other istrative Office of the United States Courts tor involved to was not reasonable.’’; and evidence of payment, if any, received by the shall prepare, and submit to Congress a re- (2) by adding at the end the following: debtor from any employer of the debtor in port that— ‘‘(f)(1) The court may award the debtor rea- the period 60 days prior to the filing of the ‘‘(A) assesses the effectiveness of the proce- sonable attorneys’ fees and costs in any case petition; dures under paragraph (1); and in which a creditor files a motion to deny re- ‘‘(vi) a statement of the amount of pro- ‘‘(B) if appropriate, includes proposed leg- lief to a debtor under this section and that jected monthly net income, itemized to show islation— motion— how calculated; and ‘‘(i) to further protect the confidentiality ‘‘(A) is denied; or ‘‘(vii) a statement disclosing any reason- of tax information; and ‘‘(B) is withdrawn after the debtor has re- ably anticipated increase in income or ex- ‘‘(ii) to provide penalties for the improper plied. penditures over the 12-month period follow- use by any person of the tax information re- ‘‘(2) If the court finds that the position of ing the date of filing;’’; and quired to be provided under this section.’’. a party filing a motion under this section is (3) by adding at the end the following: (c) TITLE 28.—Section 586(a) of title 28, United States Code, is amended— not substantially justified, the court may as- ‘‘(b)(1) At any time, a creditor, in the case (1) in paragraph (5), by striking ‘‘and’’ at sess against the creditor such damages as of an individual under chapter 7 or 13, may the end; may be required by the equities of the file with the court notice that the creditor (2) in paragraph (6), by striking the period case.’’. requests the petition, schedules, and a statement of affairs filed by the debtor in the case at the end and inserting ‘‘; and’’; and SEC. 206. DISCOURAGING PREDATORY LENDING (3) by adding at the end the following: PRACTICES. and the court shall make those documents ‘‘(7) on or before January 1 of each cal- Section 502(b) of title 11, United States available to the creditor who requests those endar year, and also not later than 30 days Code, is amended— documents. ‘‘(2) At any time, a creditor, in a case after any change in the nonprofit debt coun- (1) in paragraph (8), by striking ‘‘or’’ at the under chapter 13, may file with the court no- seling services registered with the bank- end; tice that the creditor requests the plan filed ruptcy court, prescribe and make available (2) in paragraph (9), by striking the period by the debtor in the case and the court shall on request the notice described in section at the end and inserting ‘‘; or’’; and make that plan available to the creditor who 342(b)(3) of title 11 for each district included (3) by adding at the end the following: requests that plan. in the region.’’. ‘‘(10) the claim is based on a secured debt ‘‘(c) An individual debtor in a case under if the creditor has failed to comply with the SEC. 302. FAIR TREATMENT OF SECURED CREDI- chapter 7 or 13 shall file with the court— TORS UNDER CHAPTER 13. requirements of subsection (a), (b), (c), (d), ‘‘(1) at the time filed with the taxing au- (a) RESTORING THE FOUNDATION FOR SE- (e), (f), (g), (h), or (i) of section 129 of the thority, all tax returns, including any sched- CURED CREDIT.—Section 1325(a) of title 11, Truth in Lending Act (15 U.S.C. 1639).’’. ules or attachments, with respect to the pe- United States Code, is amended— TITLE III—IMPROVED PROCEDURES FOR riod from the commencement of the case (1) in paragraph (5), by striking the matter EFFICIENT ADMINISTRATION OF THE until such time as the case is closed; preceding subparagraph (A) and inserting the BANKRUPTCY SYSTEM ‘‘(2) at the time filed with the taxing au- following: SEC. 301. NOTICE OF ALTERNATIVES. thority, all tax returns, including any sched- ‘‘(5) with respect to an allowed claim pro- (a) IN GENERAL.—Section 342 of title 11, ules or attachments, that were not filed with vided for by the plan that is secured under United States Code, is amended by striking the taxing authority when the schedules applicable nonbankruptcy law by reason of a subsection (b) and inserting the following: under subsection (a)(1) were filed with re- lien on property in which the estate has an ‘‘(b) Before the commencement of a case spect to the period that is 3 years before the interest or is subject to a setoff under sec- under this title by an individual whose debts order for relief; tion 553—’’; and S10124 CONGRESSIONAL RECORD — SENATE September 9, 1998 (2) by adding at the end of the subsection been a substantial change in the financial or ‘‘(B) Notwithstanding subparagraph (A), the following flush sentence: personal affairs of the debtor; the stay provided by subsection (a) shall ‘‘For purposes of paragraph (5), section 506 ‘‘(II) if the case is a chapter 7 case, there is apply in any case in which the debtor is pri- shall not apply to a claim described in that no other reason to conclude that the later marily obligated to pay the creditor in whole paragraph.’’. case will be concluded with a discharge; or or in part with respect to a claim described (b) PAYMENT OF HOLDERS OF CLAIMS SE- ‘‘(III) if the case is a chapter 11 or 13 case, in subparagraph (A) under a legally binding CURED BY LIENS.—Section 1325(a)(5)(B)(i) of there is not a confirmed plan that will be separation or property settlement agreement title 11, United States Code, is amended to fully performed; and or divorce or dissolution decree with respect read as follows: ‘‘(B) with respect to any creditor that com- to— ‘‘(B)(i) the plan provides that the holder of menced an action under subsection (d) in a ‘‘(i) an individual described in subpara- such claim retain the lien securing such previous case in which the individual was a graph (A)(i); or ‘‘(ii) property described in subparagraph claim until the debt that is the subject of debtor, if, as of the date of dismissal of that (A)(ii). the claim is fully paid for, as provided under case, that action was still pending or had been resolved by terminating, conditioning, ‘‘(3) Notwithstanding subsection (c), the the plan; and’’. stay provided by subsection (a) shall termi- (c) DETERMINATION OF SECURED STATUS.— or limiting the stay with respect to actions of that creditor. nate as of the date of confirmation of the Section 506 of title 11, United States Code, is plan, in any case in which the plan of the amended by adding at the end the following: ‘‘(5)(A) If a request is made for relief from the stay under subsection (a) with respect to debtor provides that the debtor’s interest in ‘‘(e) Subsection (a) shall not apply to an al- personal property subject to a lease with re- lowed claim to the extent attributable in real or personal property of any kind, and the request is granted in whole or in part, spect to which the debtor is the lessee will be whole or in part to the purchase price of per- surrendered or abandoned or no payments sonal property acquired by the debtor during the court may, in addition to making any other order under this subsection, order that will be made under the plan on account of the 90-day period preceding the date of filing the debtor’s obligations under the lease.’’. of the petition.’’. the relief so granted shall be in rem either— ‘‘(i) for a definite period of not less than 1 SEC. 306. IMPROVED BANKRUPTCY STATISTICS. SEC. 303. DISCOURAGEMENT OF BAD FAITH RE- (a) AMENDMENT.—Chapter 6 of part I of PEAT FILINGS. year; or ‘‘(ii) indefinitely. title 28, United States Code, is amended by Section 362(c) of title 11, United States ‘‘(B)(i) After an order is issued under sub- adding at the end the following: Code, is amended— paragraph (A), the stay under subsection (a) ‘‘§ 159. Bankruptcy statistics (1) by inserting ‘‘(1)’’ before ‘‘Except as’’; shall not apply to any property subject to ‘‘(a) The clerk of each district shall com- (2) by striking ‘‘(1) the stay’’ and inserting such an in rem order in any case of the debt- pile statistics regarding individual debtors ‘‘(A) the stay’’; or. with primarily consumer debts seeking relief (3) by striking ‘‘(2) the stay’’ and inserting ‘‘(ii) If an in rem order issued under sub- under chapters 7, 11, and 13 of title 11. Those ‘‘(B) the stay’’; paragraph (A) so provides, the stay shall, in statistics shall be in a form prescribed by the (4) by striking ‘‘(A) the time’’ and insert- addition to being inapplicable to the debtor Director of the Administrative Office of the ing ‘‘(i) the time’’; involved, not apply with respect to an entity United States Courts (referred to in this sec- (5) by striking ‘‘(B) the time’’ and inserting under this title if— tion as the ‘Office’). ‘‘(ii) the time’’; and ‘‘(I) the entity had reason to know of the ‘‘(b) The Director shall— (6) by adding at the end the following: order at the time that the entity obtained an ‘‘(1) compile the statistics referred to in ‘‘(2) Except as provided in subsections (d) interest in the property affected; or subsection (a); through (f), the stay under subsection (a) ‘‘(II) the entity was notified of the com- ‘‘(2) make the statistics available to the with respect to any action taken with re- mencement of the proceeding for relief from public; and spect to a debt or property securing such the stay, and at the time of the notification, ‘‘(3) not later than October 31, 1998, and an- debt or with respect to any lease shall termi- no case in which the entity was a debtor was nually thereafter, prepare, and submit to nate with respect to the debtor on the 30th pending. Congress a report concerning the informa- day after the filing of the later case if— ‘‘(6) For purposes of this section, a case is tion collected under subsection (a) that con- ‘‘(A) a single or joint case is filed by or pending during the period beginning with the tains an analysis of the information. against an individual debtor under chapter 7, issuance of the order for relief and ending at ‘‘(c) The compilation required under sub- 11, or 13; and such time as the case involved is closed.’’. section (b) shall— ‘‘(B) a single or joint case of that debtor SEC. 304. TIMELY FILING AND CONFIRMATION OF ‘‘(1) be itemized, by chapter, with respect (other than a case refiled under a chapter PLANS UNDER CHAPTER 13. to title 11; other than chapter 7 after dismissal under (a) FILING OF PLAN.—Section 1321 of title ‘‘(2) be presented in the aggregate and for section 707(b)) was pending during the pre- 11, United States Code, is amended to read as each district; and ceding year but was dismissed. follows: ‘‘(3) include information concerning— ‘‘(3) If a party in interest so requests, the ‘‘§ 1321. Filing of plan ‘‘(A) the total assets and total liabilities of court may extend the stay in a particular ‘‘The debtor shall file a plan not later than the debtors described in subsection (a), and case with respect to 1 or more creditors (sub- 90 days after the order for relief under this in each category of assets and liabilities, as ject to such conditions or limitations as the chapter, except that the court may extend reported in the schedules prescribed pursu- court may impose) after providing notice and such period if the need for an extension is at- ant to section 2075 of this title and filed by a hearing completed before the expiration of tributable to circumstances for which the those debtors; the 30-day period described in paragraph (2) debtor should not justly be held account- ‘‘(B) the current total monthly income, only if the party in interest demonstrates able.’’. projected monthly net income, and average that the filing of the later case is in good (b) CONFIRMATION OF HEARING.—Section income and average expenses of those debt- faith with respect to the creditors to be 1324 of title 11, United States Code, is amend- ors as reported on the schedules and state- stayed. ed by adding at the end the following: ‘‘That ments that each such debtor files under sec- ‘‘(4) A case shall be presumed to have not hearing shall be held not later than 45 days tions 111, 521, and 1322 of title 11; been filed in good faith (except that such after the filing of the plan, unless the court, ‘‘(C) the aggregate amount of debt dis- presumption may be rebutted by clear and after providing notice and a hearing, orders charged in the reporting period, determined convincing evidence to the contrary)— otherwise.’’. as the difference between the total amount ‘‘(A) with respect to the creditors involved, SEC. 305. APPLICATION OF THE CODEBTOR STAY of debt and obligations of a debtor reported if— ONLY WHEN THE STAY PROTECTS on the schedules and the amount of such ‘‘(i) more than 1 previous case under any of THE DEBTOR. debt reported in categories which are pre- chapters 7, 11, or 13 in which the individual Section 1301(b) of title 11, United States dominantly nondischargeable; was a debtor was pending during the 1-year Code, is amended— ‘‘(D) the average period of time between period described in paragraph (1); (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and the filing of the petition and the closing of ‘‘(ii) a previous case under any of chapters (2) by adding at the end the following: the case; 7, 11, or 13 in which the individual was a ‘‘(2)(A) Notwithstanding subsection (c) and ‘‘(E) for the reporting period— debtor was dismissed within the period speci- except as provided in subparagraph (B), in ‘‘(i) the number of cases in which a reaffir- fied in paragraph (2) after— any case in which the debtor did not receive mation was filed; and ‘‘(I) the debtor, after having received from the consideration for the claim held by a ‘‘(ii)(I) the total number of reaffirmations the court a request to do so, failed to file or creditor, the stay provided by subsection (a) filed; amend the petition or other documents as re- shall apply to that creditor for a period not ‘‘(II) of those cases in which a reaffirma- quired by this title; or to exceed 30 days beginning on the date of tion was filed, the number in which the debt- ‘‘(II) the debtor, without substantial ex- the order for relief, to the extent the credi- or was not represented by an attorney; and cuse, failed to perform the terms of a plan tor proceeds against— ‘‘(III) of those cases, the number of cases in that was confirmed by the court; or ‘‘(i) the individual that received that con- which the reaffirmation was approved by the ‘‘(iii)(I) during the period commencing sideration; or court; with the dismissal of the next most previous ‘‘(ii) property not in the possession of the ‘‘(F) with respect to cases filed under chap- case under chapter 7, 11, or 13 there has not debtor that secures that claim. ter 13 of title 11, for the reporting period— September 9, 1998 CONGRESSIONAL RECORD — SENATE S10125 ‘‘(i)(I) the number of cases in which a final appointed auditor, the debtor shall cause the ‘‘(D) any notice of a hearing under section order was entered determining the value of accounts, papers, documents, financial 1324. property securing a claim in an amount less records, files and all other papers, things, or ‘‘(e)(1) At any time, a creditor, in a case of than the amount of the claim; and property belonging to the debtor as the audi- an individual under chapter 7 or 13, may file ‘‘(II) the number of final orders determin- tor requests and that are reasonably nec- with the court and serve on the debtor a no- ing the value of property securing a claim essary to facilitate the audit to be made tice of the address to be used to notify the issued; available for inspection and copying. creditor in that case. ‘‘(ii) the number of cases dismissed for fail- ‘‘(4)(A) The report of each audit conducted ‘‘(2) If the court or the debtor is required ure to make payments under the plan; and under this subsection shall be filed with the to give the creditor notice, not later than 5 ‘‘(iii) the number of cases in which the court, the Attorney General, and the United days after receipt of the notice under para- debtor filed another case within the 6 years States Attorney, as required under proce- graph (1), that notice shall be given at that previous to the filing; and dures established by the Attorney General address. ‘‘(G) the extent of creditor misconduct and under paragraph (1). ‘‘(f) An entity may file with the court a no- ‘‘(B) If a material misstatement of income any amount of punitive damages awarded by tice stating its address for notice in cases or expenditures or of assets is reported under the court for creditor misconduct.’’. under chapter 7 or 13. After the date that is subparagraph (A), a statement specifying (b) CLERICAL AMENDMENT.—The table of 30 days following the filing of that notice, sections at the beginning of chapter 6 of title that misstatement shall be filed with the any notice in any case filed under chapter 7 28, United States Code, is amended by adding court and the United States trustee shall— or 13 given by the court shall be to that ad- at the end the following: ‘‘(i) give notice thereof to the creditors in dress unless specific notice is given under the case; and ‘‘159. Bankruptcy statistics.’’. subsection (e) with respect to a particular ‘‘(ii) in an appropriate case, in the opinion (c) EFFECTIVE DATE.—The amendments case. made by this section shall take effect 18 of the United States trustee, that requires ‘‘(g)(1) Notice given to a creditor other months after the date of enactment of this investigation with respect to possible crimi- than as provided in this section shall not be Act. nal violations, the United States Attorney effective notice until that notice has been for the district.’’. SEC. 307. AUDIT PROCEDURES. brought to the attention of the creditor. (b) EFFECTIVE DATE.—The amendments ‘‘(2) If the creditor has designated a person (a) AMENDMENTS.—Section 586 of title 28, made by this section shall take effect 18 United States Code, is amended— or department to be responsible for receiving months after the date of enactment of this notices concerning bankruptcy cases and has (1) in subsection (a), as amended by section Act. 301 of this Act, by striking paragraph (6) and established reasonable procedures so that SEC. 308. CREDITOR REPRESENTATION AT FIRST inserting the following: bankruptcy notices received by the creditor MEETING OF CREDITORS. will be delivered to that department or per- ‘‘(6) make such reports as the Attorney Section 341(c) of title 11, United States General directs, including the results of au- son, notice shall not be brought to the atten- Code, is amended by inserting after the first tion of the creditor until that notice is re- dits performed under subsection (f); and’’; sentence the following: ‘‘Notwithstanding ceived by that person or department.’’. and any local court rule, provision of a State (2) by adding at the end the following: constitution, any other Federal or State law SEC. 310. STOPPING ABUSIVE CONVERSIONS FROM CHAPTER 13. ‘‘(f)(1)(A) The Attorney General shall es- that is not a bankruptcy law, or other re- Section 348(f)(1) of title 11, United States tablish procedures for the auditing of the ac- quirement that representation at the meet- Code, is amended— curacy and completeness of petitions, sched- ing of creditors under subsection (a) be by an (1) in subparagraph (A), by striking ‘‘and’’ ules, and other information which the debtor attorney, a creditor holding a consumer debt at the end; is required to provide under sections 521 and or any representative of the creditor (which (2) in subparagraph (B)— 1322 of title 11, and, if applicable, section 111 may include an entity or an employee of an (A) by striking ‘‘in the converted case, of title 11, in individual cases filed under entity and may be a representative for more chapter 7 or 13 of such title. than one creditor) shall be permitted to ap- with allowed secured claims’’ and inserting ‘‘(B) The audits described in subparagraph pear at and participate in the meeting of ‘‘only in a case converted to chapter 11 or 12 (A) shall be made in accordance with gen- creditors in a case under chapter 7 or 13, ei- but not in a case converted to chapter 7, with erally accepted auditing standards and per- ther alone or in conjunction with an attor- allowed secured claims in cases under chap- formed by independent certified public ac- ney for the creditor. Nothing in this sub- ters 11 and 12’’; and countants or independent licensed public ac- section shall be construed to require any (B) by striking the period and inserting ‘‘; countants. Those procedures shall— creditor to be represented by an attorney at and’’; and ‘‘(i) establish a method of selecting appro- any meeting of creditors.’’. (3) by adding at the end the following: priate qualified persons to contract with the ‘‘(C) with respect to cases converted from SEC. 309. FAIR NOTICE FOR CREDITORS IN CHAP- United States trustee to perform those au- TER 7 AND 13 CASES. chapter 13, the claim of any creditor holding dits; Section 342 of title 11, United States Code, security as of the date of the petition shall ‘‘(ii) establish a method of randomly se- is amended— continue to be secured by that security un- lecting cases to be audited according to gen- (1) in subsection (c), by striking ‘‘, but the less the full amount of that claim deter- erally accepted auditing standards, except failure of such notice to contain such infor- mined under applicable nonbankruptcy law that not less than 1 out of every 500 cases in mation shall not invalidate the legal effect has been paid in full as of the date of conver- each Federal judicial district shall be se- of such notice’’; and sion, notwithstanding any valuation or de- lected for audit; (2) by adding at the end the following: termination of the amount of an allowed se- ‘‘(iii) require audits for schedules of in- ‘‘(d)(1) If the credit agreement between the cured claim made for the purposes of the come and expenses which reflect greater debtor and the creditor or the last commu- chapter 13 proceeding.’’. than average variances from the statistical nication before the filing of the petition in a SEC. 311. PROMPT RELIEF FROM STAY IN INDI- norm of the district in which the schedules voluntary case from the creditor to a debtor VIDUAL CASES. were filed; and who is an individual states an account num- Section 362(e) of title 11, United States ‘‘(iv) establish procedures for— ber of the debtor that is the current account Code, is amended— ‘‘(I) reporting the results of those audits number of the debtor with respect to any (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and and any material misstatement of income, debt held by the creditor against the debtor, (2) by adding at the end the following: expenditures, or assets of a debtor to the At- the debtor shall include that account num- ‘‘(2) Notwithstanding paragraph (1), in the torney General, the United States Attorney ber in any notice to the creditor required to case of an individual filing under chapter 7, and the court, as appropriate; be given under this title. 11, or 13, the stay under subsection (a) shall ‘‘(II) providing, not less frequently than ‘‘(2) If the creditor has specified to the terminate on the date that is 60 days after a annually, public information concerning the debtor, in the last communication before the request is made by a party in interest under aggregate results of such audits including filing of the petition, an address at which the subsection (d), unless— the percentage of cases, by district, in which creditor wishes to receive correspondence re- ‘‘(A) a final decision is rendered by the a material misstatement of income or ex- garding the debtor’s account, any notice to court during the 60-day period beginning on penditures is reported; and the creditor required to be given by the debt- the date of the request; or ‘‘(III) fully funding those audits, including or under this title shall be given at such ad- ‘‘(B) that 60-day period is extended— procedures requiring each debtor with suffi- dress. ‘‘(i) by agreement of all parties in interest; cient available income or assets to contrib- ‘‘(3) For purposes of this section, the term or ute to the payment for those audits, as an ‘notice’ shall include— ‘‘(ii) by the court for such specific period of administrative expense or otherwise. ‘‘(A) any correspondence from the debtor time as the court finds is required for good ‘‘(2) The United States trustee for each dis- to the creditor after the commencement of cause.’’. trict is authorized to contract with auditors the case; SEC. 312. DISMISSAL FOR FAILURE TO TIMELY to perform audits in cases designated by the ‘‘(B) any statement of the debtor’s inten- FILE SCHEDULES OR PROVIDE RE- United States trustee according to the proce- tion under section 521(a)(2); QUIRED INFORMATION. dures established under paragraph (1). ‘‘(C) notice of the commencement of any Section 707 of title 11, United States Code, ‘‘(3) According to procedures established proceeding in the case to which the creditor as amended by section 102 of this Act, is under paragraph (1), upon request of a duly is a party; and amended by adding at the end the following: S10126 CONGRESSIONAL RECORD — SENATE September 9, 1998 ‘‘(c)(1) Notwithstanding subsection (a), and lowing: ‘‘(and, for purposes of this subpara- meeting of creditors under section 341(a)’’; subject to paragraph (2), if an individual graph, consumer debts owed in an aggregate and debtor in a voluntary case under chapter 7 or amount greater than or equal to $400 in- (B) by striking ‘‘forty-five-day period’’ and 13 fails to file all of the information required curred for goods or services not reasonably inserting ‘‘30-day period’’; and under section 521(a)(1) within 45 days after necessary for the maintenance or support of (3) in subparagraph (C), by inserting ‘‘, ex- the filing of the petition commencing the the debtor or a dependent child of the debtor cept as provided in section 362(h)’’ before the case, the case shall be automatically dis- to a single creditor that are incurred during semicolon. missed effective on the 46th day after the fil- the 90-day period preceding the date of the SEC. 319. ADEQUATE PROTECTION OF LESSORS ing of the petition. order for relief shall be presumed to be non- AND PURCHASE MONEY SECURED ‘‘(2) With respect to a case described in dischargeable under this subparagraph); or’’; CREDITORS. paragraph (1), any party in interest may re- (2) in subparagraph (B), by striking ‘‘or’’ at (a) IN GENERAL.—Chapter 13 of title 11, quest the court to enter an order dismissing the end; and United States Code, is amended by adding the case. The court shall, if so requested, (3) by striking subparagraph (C). after section 1307 the following: enter an order of dismissal not later than 5 SEC. 317. DEFINITION OF HOUSEHOLD GOODS ‘‘§ 1307A. Adequate protection in chapter 13 days after that request. AND ANTIQUES. cases ‘‘(3) Upon request of the debtor made with- Section 101 of title 11, United States Code, ‘‘(a)(1)(A) On or before the date that is 30 in 45 days after the filing of the petition is amended by inserting after paragraph (27) days after the filing of a case under this commencing a case described in paragraph the following: chapter, the debtor shall make cash pay- (1), the court may allow the debtor an addi- ‘‘(27A) ‘household goods’ has the meaning ments in an amount determined under para- tional period of not to exceed 20 days to file given that term in section 444.1(i) of title 16, graph (2)(A), to— the information required under section of the Code of Federal Regulations (as in ef- ‘‘(i) any lessor of personal property; and 521(a)(1) if the court finds justification for fect on the effective date of this paragraph), ‘‘(ii) any creditor holding a claim secured extending the period for the filing.’’. which is part of the regulations issued by the by personal property to the extent that the SEC. 313. ADEQUATE TIME FOR PREPARATION Federal Trade Commission that are com- claim is attributable to the purchase of that FOR A HEARING ON CONFIRMATION monly known as the ‘Trade Regulation Rule property by the debtor. OF THE PLAN. on Credit Practices’, except that the term ‘‘(B) The debtor or the plan shall continue Section 1324 of title 11, United States Code, shall also include any tangible personal making the adequate protection payments as amended by section 304 of this Act, is property reasonably necessary for the main- until the earlier of the date on which— amended— tenance or support of a dependent child;’’. ‘‘(i) the creditor begins to receive actual (1) by striking ‘‘After’’ and inserting the SEC. 318. RELIEF FROM STAY WHEN THE DEBTOR payments under the plan; or following: DOES NOT COMPLETE INTENDED ‘‘(ii) the debtor relinquishes possession of ‘‘(a) Except as provided in subsection (b) SURRENDER OF CONSUMER DEBT the property referred to in subparagraph (A) and after’’; and COLLATERAL. to— (2) by adding at the end the following: (a) AUTOMATIC STAY.—Section 362 of title ‘‘(I) the lessor or creditor; or ‘‘(b) If not later than 5 days after receiving 11, United States Code, as amended by sec- ‘‘(II) any third party acting under claim of notice of a hearing on confirmation of the tion 303, is amended— right, as applicable. plan, a creditor objects to the confirmation (1) in subsection (c)(1), in the matter pre- ‘‘(2) The payments referred to in paragraph of the plan, the hearing on confirmation of ceding subparagraph (A), by striking ‘‘(e) and (1)(A) shall be determined by the court. the plan may be held no earlier than 20 days (f)’’ and inserting ‘‘(e), (f), and (h)’’; ‘‘(b)(1) Subject to the limitations under after the first meeting of creditors under sec- (2) by redesignating subsection (h) as subparagraph (2), the court may, after notice tion 341(a).’’. section (i); and and hearing, change the amount and timing SEC. 314. DISCHARGE UNDER CHAPTER 13. (3) by inserting after subsection (g) the fol- of the dates of payment of payments made Section 1328(a) of title 11, United States lowing: under subsection (a). Code, is amended by striking paragraphs (1) ‘‘(h) In an individual case under chapter 7, ‘‘(2)(A) The payments referred to in para- through (3) and inserting the following: 11, or 13 the stay provided by subsection (a) graph (1) shall be payable not less frequently ‘‘(1) provided for under section 1322(b)(5); is terminated with respect to property of the than monthly. ‘‘(2) of the kind specified in paragraph (2), estate securing in whole or in part a claim ‘‘(B) The amount of a payment referred to (4), (5), (8), or (9) of section 523(a); that is in an amount greater than $3,000, or in paragraph (1) shall not be less than the ‘‘(3) for restitution, or a criminal fine, in- subject to an unexpired lease with a remain- reasonable depreciation of the personal prop- cluded in a sentence on the debtor’s convic- ing term of at least 1 year (in any case in erty described in subsection (a)(1), deter- tion of a crime; or which the debtor owes at least $3,000 for a 1- mined on a month-to-month basis. ‘‘(4) for restitution, or damages, awarded in year period), if within 30 days after the expi- ‘‘(c) Notwithstanding section 1326(b), the a civil action against the debtor as a result ration of the applicable period under section payments referred to in subsection (a)(1)(A) of willful or malicious injury by the debtor 521(a)(2)— shall be continued in addition to plan pay- that caused personal injury to an individual ‘‘(1)(A) the debtor fails to timely file a ments under a confirmed plan until actual or the death of an individual.’’. statement of intention to surrender or retain payments to the creditor begin under that SEC. 315. NONDISCHARGEABLE DEBTS. the property; or plan, if the confirmed plan provides— Section 523(a) of title 11, United States ‘‘(B) if the debtor indicates in the filing ‘‘(1) for payments to a creditor or lessor de- Code, is amended by inserting after para- that the debtor will retain the property, the scribed in subsection (a)(1); and graph (14) the following: debtor fails to meet an applicable require- ‘‘(2) for the deferral of payments to such ‘‘(14A) incurred to pay a debt that is non- ment to— creditor or lessor under the plan until the dischargeable by reason of section 727, 1141, ‘‘(i) either— payment of amounts described in section 1228 (a) or (b), or 1328(b), or any other provi- ‘‘(I) redeem the property pursuant to sec- 1326(b). sion of this subsection, except for any debt tion 722; or ‘‘(d) Notwithstanding sections 362, 542, and incurred to pay such a nondischargeable debt ‘‘(II) reaffirm the debt the property secures 543, a lessor or creditor described in sub- in any case in which— pursuant to section 524(c); or section (a) may retain possession of property ‘‘(A)(i) the debtor who paid the non- ‘‘(ii) assume the unexpired lease pursuant described in that subsection that was ob- dischargeable debt is a single parent who has to section 365(d) if the trustee does not do so; tained in accordance with applicable law be- 1 or more dependent children at the time of or fore the date of filing of the petition until the order for relief; or ‘‘(2) the debtor fails to timely take the ac- the first payment under subsection (a)(1)(A) ‘‘(ii) there is an allowed claim for alimony tion specified in a statement of intention re- is received by the lessor or creditor.’’. to, maintenance for, or support of a spouse, ferred to in paragraph (1)(A) (as amended, if (b) CLERICAL AMENDMENT.—The table of former spouse, or child of the debtor payable that statement is amended before expiration sections at the beginning of chapter 13 of under a judicial or administrative order to of the period for taking action), unless— title 11, United States Code, is amended by that spouse or child (but not to any other ‘‘(A) the statement of intention specifies inserting after the item relating to section person) that was unpaid by the debtor as of reaffirmation; and 1307 the following: the date of the petition; and ‘‘(B) the creditor refuses to reaffirm the ‘‘1307A. Adequate protection in chapter 13 ‘‘(B) the creditor is unable to demonstrate debt on the original contract terms for the cases.’’. that the debtor intentionally incurred the debt.’’. SEC. 320. LIMITATION. debt to pay the nondischargeable debt;’’. (b) DEBTOR’S DUTIES.—Section 521(a)(2) of Section 522 of title 11, United States Code, SEC. 316. CREDIT EXTENSIONS ON THE EVE OF title 11, United States Code, as redesignated is amended— BANKRUPTCY PRESUMED NON- by section 301(b) of this Act, is amended— (1) in subsection (b)(2)(A), by inserting DISCHARGEABLE. (1) in the matter preceding subparagraph ‘‘subject to subsection (n),’’ before ‘‘any Section 523(a)(2) of title 11, United States (A), by striking ‘‘consumer’’; property’’; and Code, as amended by section 202 of this Act, (2) in subparagraph (B)— (2) by adding at the end the following new is amended— (A) by striking ‘‘forty-five days after the subsection: (1) in subparagraph (A), by striking the filing of a notice of intent under this sec- ‘‘(n)(1) Except as provided in paragraph (2), semicolon at the end and inserting the fol- tion’’ and inserting ‘‘30 days after the first as a result of electing under subsection September 9, 1998 CONGRESSIONAL RECORD — SENATE S10127 (b)(2)(A) to exempt property under State or ‘‘(A) the United States trustee; or ‘‘(27B) ‘incidental property’ means, with local law, a debtor may not exempt any ‘‘(B) the bankruptcy administrator for the respect to a debtor’s principal residence— amount of interest that exceeds in the aggre- district in which the petition is filed.’’. ‘‘(A) property commonly conveyed with a gate $100,000 in value in— (c) CHAPTER 13 DISCHARGE.—Section 1328 of principal residence in the area where the real ‘‘(A) real or personal property that the title 11, United States Code, is amended by estate is located; debtor or a dependent of the debtor uses as a adding at the end the following: ‘‘(B) all easements, rights, appurtenances, residence; ‘‘(f) The court shall not grant a discharge fixtures, rents, royalties, mineral rights, oil ‘‘(B) a cooperative that owns property that under this section to a debtor, unless after or gas rights or profits, water rights, escrow the debtor or a dependent of the debtor uses filing a petition the debtor has completed an funds, or insurance proceeds; and as a residence; or instructional course concerning personal fi- ‘‘(C) all replacements or additions;’’. nancial management described in section 111 ‘‘(C) a burial plot for the debtor or a de- SEC. 322. BANKRUPTCY JUDGESHIPS. pendent of the debtor. that was administered or approved by— ‘‘(2) The limitation under paragraph (1) ‘‘(1) the United States trustee; or (a) SHORT TITLE.—This section may be shall not apply to an exemption claimed ‘‘(2) the bankruptcy administrator for the cited as the ‘‘Bankruptcy Judgeship Act of under subsection (b)(2)(A) by a family farmer district in which the petition is filed.’’. 1998’’. for the principal residence of that farmer.’’. (d) DEBTOR’S DUTIES.—Section 521 of title (b) TEMPORARY JUDGESHIPS.— SEC. 321. MISCELLANEOUS IMPROVEMENTS. 11, United States Code, as amended by sec- (1) APPOINTMENTS.—The following judge- (a) WHO MAY BEA DEBTOR.—Section 109 of tions 301(b) and 318(b) of this Act, is amended ship positions shall be filled in the manner title 11, United States Code, is amended by by adding at the end the following: prescribed in section 152(a)(1) of title 28, adding at the end the following: ‘‘(e) In addition to the requirements under United States Code, for the appointment of ‘‘(h)(1) Subject to paragraphs (2) and (3) subsection (a), an individual debtor shall file bankruptcy judges provided for in section and notwithstanding any other provision of with the court— 152(a)(2) of such title: this section, an individual may not be a ‘‘(1) a certificate from the credit counsel- (A) One additional bankruptcy judgeship debtor under this title unless that individual ing service that provided the debtor services for the eastern district of California. has, during the 90-day period preceding the under section 109(h); and (B) Four additional bankruptcy judgeships date of filing of the petition of that individ- ‘‘(2) a copy of the debt repayment plan, if for the central district of California. ual, received credit counseling, including, at any, developed under section 109(h) through (C) One additional bankruptcy judgeship a minimum, participation in an individual or the credit counseling service referred to in for the southern district of Florida. group briefing that outlined the opportuni- paragraph (1).’’. (D) Two additional bankruptcy judgeships ties for available credit counseling and as- (e) EXCEPTIONS TO DISCHARGE.—Section for the district of Maryland. sisted that individual in performing an ini- 523(d) of title 11, United States Code, as (E) One additional bankruptcy judgeship tial budget analysis, through a credit coun- amended by section 202 of this Act, is amend- for the eastern district of Michigan. seling program (offered through an approved ed by striking paragraph (3)(A)(i) and insert- (F) One additional bankruptcy judgeship credit counseling service described in section ing the following: for the southern district of Mississippi. 111(a)) that has been approved by— ‘‘(i) within the applicable period of time (G) One additional bankruptcy judgeship ‘‘(A) the United States trustee; or prescribed under section 109(h), the debtor for the district of New Jersey. ‘‘(B) the bankruptcy administrator for the received credit counseling through a credit (H) One additional bankruptcy judgeship district in which the petition is filed.’’. counseling program in accordance with sec- for the eastern district of New York. ‘‘(2)(A) Paragraph (1) shall not apply with tion 109(h); and’’. (I) One additional bankruptcy judgeship for respect to a debtor who resides in a district (f) GENERAL PROVISIONS.— the northern district of New York. for which the chief judge of the bankruptcy (1) IN GENERAL.—Chapter 1 of title 11, (J) One additional bankruptcy judgeship court of that district determines that the ap- United States Code, is amended by adding at for the southern district of New York. proved credit counseling services for that the end the following: (K) One additional bankruptcy judgeship district are not able to provide adequate ‘‘§ 111. Credit counseling services; financial for the eastern district of Pennsylvania. services to the additional individuals who management instructional courses (L) One additional bankruptcy judgeship would otherwise seek credit counseling from ‘‘(a) The clerk of each district shall main- for the middle district of Pennsylvania. those programs by reason of the require- tain a list of credit counseling services that (M) One additional bankruptcy judgeship ments of paragraph (1). provide 1 or more programs described in sec- for the western district of Tennessee. ‘‘(B) Each chief judge that makes a deter- tion 109(h) and that have been approved by— (N) One additional bankruptcy judgeship mination described in subparagraph (A) shall ‘‘(1) the United States trustee; or for the eastern district of Virginia. review that determination not later than 180 ‘‘(2) the bankruptcy administrator for the (2) VACANCIES.—The first vacancy occur- days after the date of that determination, district. ring in the office of a bankruptcy judge in and not less frequently than every 180 days ‘‘(b) The United States trustee or each each of the judicial districts set forth in thereafter. paragraph (1) that— ‘‘(3)(A) Subject to subparagraph (B), the re- bankruptcy administrator referred to in subsection (a)(1) shall— (A) results from the death, retirement, res- quirements of paragraph (1) shall not apply ignation, or removal of a bankruptcy judge; with respect to a debtor who submits to the ‘‘(1) make available to debtors who are individuals an instructional course concerning and court a certification that— (B) occurs 5 years or more after the ap- ‘‘(i) describes exigent circumstances that personal financial management, under the direction of the bankruptcy court; and pointment date of a bankruptcy judge ap- merit a waiver of the requirements of para- pointed under paragraph (1); graph (1); ‘‘(2) maintain a list of instructional ‘‘(ii) states that the debtor requested cred- courses concerning personal financial man- shall not be filled. it counseling services from an approved cred- agement that are operated by a private en- (c) EXTENSIONS.— it counseling service, but was unable to ob- tity and that have been approved by the (1) IN GENERAL.—The temporary bank- tain the services referred to in paragraph (1) United States trustee or that bankruptcy ad- ruptcy judgeship positions authorized for the during the 5-day period beginning on the ministrator.’’. northern district of Alabama, the district of date on which the debtor made that request; (2) CLERICAL AMENDMENT.—The table of Delaware, the district of Puerto Rico, the and sections at the beginning of chapter 1 of title district of South Carolina, and the eastern ‘‘(iii) is satisfactory to the court. 11, United States Code, is amended by adding district of Tennessee under section 3(a) (1), ‘‘(B) With respect to a debtor, an exemp- at the end the following: (3), (7), (8), and (9) of the Bankruptcy Judge- tion under subparagraph (A) shall cease to ‘‘111. Credit counseling services; financial ship Act of 1992 (28 U.S.C. 152 note) are ex- apply to that debtor on the date on which management instructional tended until the first vacancy occurring in the debtor meets the requirements of para- courses.’’. the office of a bankruptcy judge in the appli- graph (1), but in no case may the exemption (g) DEFINITIONS.—Section 101 of title 11, cable district resulting from the death, re- apply to that debtor after the date that is 30 United States Code, as amended by section tirement, resignation, or removal of a bank- days after the debtor files a petition.’’. 317 of this Act, is amended— ruptcy judge and occurring— (b) CHAPTER 7 DISCHARGE.—Section 727(a) (1) by inserting after paragraph (13) the fol- (A) 8 years or more after November 8, 1993, of title 11, United States Code, is amended— lowing: with respect to the northern district of Ala- (1) in paragraph (9), by striking ‘‘or’’ at the ‘‘(13A) ‘debtor’s principal residence’— bama; end; ‘‘(A) means a residential structure, includ- (B) 10 years or more after October 28, 1993, (2) in paragraph (10), by striking the period ing incidental property, without regard to with respect to the district of Delaware; and inserting ‘‘; or’’; and whether that structure is attached to real (C) 8 years or more after August 29, 1994, (3) by adding at the end the following: property; and with respect to the district of Puerto Rico; ‘‘(11) after the filing of the petition, the ‘‘(B) includes an individual condominium (D) 8 years or more after June 27, 1994, with debtor failed to complete an instructional or co-operative unit;’’; and respect to the district of South Carolina; and course concerning personal financial man- (2) by inserting after paragraph (27A), as (E) 8 years or more after November 23, 1993, agement described in section 111 that was ad- added by section 318 of this Act, the follow- with respect to the eastern district of Ten- ministered or approved by— ing: nessee. S10128 CONGRESSIONAL RECORD — SENATE September 9, 1998

(2) APPLICABILITY OF OTHER PROVISIONS.— the payment of any other claim entitled to but not to the extent that the debt (other All other provisions of section 3 of the Bank- priority under section 507(a), notwithstand- than a debt described in subparagraph (C)) is ruptcy Judgeship Act of 1992 remain applica- ing the priorities established under section assigned to another entity, voluntarily, by ble to such temporary judgeship position. 507(a).’’. operation of law, or otherwise;’’; and (d) TECHNICAL AMENDMENT.—The first sen- SEC. 325. PAYMENT OF CHILD SUPPORT RE- (2) in subsection (c), by striking ‘‘(6), or tence of section 152(a)(1) of title 28, United QUIRED TO OBTAIN A DISCHARGE IN (15)’’ and inserting ‘‘or (6)’’. States Code, is amended to read as follows: CHAPTER 13 PROCEEDINGS. SEC. 328. ENFORCEMENT OF CHILD AND SPOUS- ‘‘Each bankruptcy judge to be appointed for Title 11, United States Code, is amended— AL SUPPORT. a judicial district as provided in paragraph (1) in section 1325(a)— Section 522(c)(1) of title 11, United States (2) shall be appointed by the United States (A) in paragraph (5), by striking ‘‘and’’ at Code, is amended by inserting ‘‘, except that, court of appeals for the circuit in which such the end; notwithstanding any other Federal law or district is located.’’. (B) in paragraph (6), by striking the period State law relating to exempted property, (e) TRAVEL EXPENSES OF BANKRUPTCY at the end and inserting ‘‘; and’’; and such exempt property shall be liable for (C) by adding at the end the following: JUDGES.—Section 156 of title 28, United debts of a kind specified in paragraph (1) or States Code, is amended by adding at the end ‘‘(7) if the debtor is required by a judicial (5) of section 523(a)’’ before the semicolon at the following new subsection: or administrative order to pay alimony to, the end of the paragraph. ‘‘(g)(1) In this subsection, the term ‘travel maintenance for, or support of a spouse, SEC. 329. DEPENDENT CHILD DEFINED. expenses’— former spouse, or child of the debtor, the Section 101 of title 11, United States Code, ‘‘(A) means the expenses incurred by a debtor has paid all amounts payable under is amended by inserting after paragraph (14) bankruptcy judge for travel that is not di- that order for alimony, maintenance, or sup- the following: rectly related to any case assigned to such port that are due after the date on which the ‘‘(14A) ‘dependent child’ means, with re- bankruptcy judge; and petition is filed.’’; and spect to an individual, a child who has not ‘‘(B) shall not include the travel expenses (2) in section 1328(a), as amended by sec- attained the age of 18 and who is a dependent of a bankruptcy judge if— tion 314 of this Act, in the matter preceding of that individual, within the meaning of ‘‘(i) the payment for the travel expenses is paragraph (1), by inserting ‘‘, and with re- section 152 of the Internal Revenue Code;’’. spect to a debtor who is required by a judi- paid by such bankruptcy judge from the per- TITLE IV—FINANCIAL INSTRUMENTS cial or administrative order to pay alimony sonal funds of such bankruptcy judge; and SEC. 401. BANKRUPTCY CODE AMENDMENTS. ‘‘(ii) such bankruptcy judge does not re- to, maintenance for, or support of a spouse, former spouse, or child of the debtor, only (a) DEFINITIONS OF SWAP AGREEMENT, SECU- ceive funds (including reimbursement) from RITIES CONTRACT, FORWARD CONTRACT, COM- the United States or any other person or en- after the debtor certifies as of the later of the date of that completion or the date of MODITY CONTRACT, AND REPURCHASE AGREE- tity for the payment of such travel expenses. MENT.—Title 11, United States Code, is ‘‘(2) Each bankruptcy judge shall annually certification that all amounts payable under that order for alimony, maintenance, or sup- amended— submit the information required under para- (1) in section 101— graph (3) to the chief bankruptcy judge for port that are due before the date of that certification have been paid in accordance with (A) in paragraph (25)— the district in which the bankruptcy judge is (i) by striking ‘‘means a contract’’ and in- assigned. the plan if applicable, or if the underlying debt is not treated by the plan, paid in full’’ serting ‘‘means— ‘‘(3)(A) Each chief bankruptcy judge shall ‘‘(A) a contract’’; submit an annual report to the Director of after ‘‘completion by the debtor of all payments under the plan’’. (ii) by striking ‘‘, or any combination the Administrative Office of the United thereof or option thereon;’’ and inserting ‘‘, SEC. 326. CHILD SUPPORT AND ALIMONY COL- States Courts on the travel expenses of each or any other similar agreement;’’; and bankruptcy judge assigned to the applicable LECTION. Section 362(b) of title 11, United States (iii) by adding at the end the following new district (including the travel expenses of the Code, is amended— subparagraphs: chief bankruptcy judge of such district). (1) in paragraph (17), by striking ‘‘or’’ at ‘‘(B) any combination of agreements or ‘‘(B) The annual report under this para- the end; transactions referred to in subparagraphs (A) graph shall include— (2) in paragraph (18), by striking the period and (C); ‘‘(i) the travel expenses of each bankruptcy at the end and inserting a semicolon; and ‘‘(C) any option to enter into any agree- judge, with the name of the bankruptcy (3) by adding at the end the following: ment or transaction referred to in subpara- judge to whom the travel expenses apply; ‘‘(19) under subsection (a) with respect to graph (A) or (B); ‘‘(ii) a description of the subject matter the withholding of income pursuant to an ‘‘(D) a master agreement that provides for and purpose of the travel relating to each order as specified in section 466(b) of the So- an agreement or transaction referred to in travel expense identified under clause (i), cial Security Act (42 U.S.C. 666(b)); or subparagraph (A), (B) or (C), together with with the name of the bankruptcy judge to ‘‘(20) under subsection (a) with respect to all supplements to any such master agree- whom the travel applies; and the withholding, suspension, or restriction of ment, without regard to whether the master ‘‘(iii) the number of days of each travel de- drivers’ licenses, professional and occupa- agreement provides for an agreement or scribed under clause (ii), with the name of tional licenses, and recreational licenses transaction that is not a forward contract the bankruptcy judge to whom the travel ap- pursuant to State law, as specified in section under this paragraph, except that the master plies. 466(a)(15) of the Social Security Act (42 agreement shall be considered to be a for- ‘‘(4)(A) The Director of the Administrative U.S.C. 666(a)(15)) or with respect to the reward contract under this paragraph only Office of the United States Courts shall— porting of overdue support owed by an ab- with respect to each agreement or trans- ‘‘(i) consolidate the reports submitted sent parent to any consumer reporting agen- action under the master agreement that is under paragraph (3) into a single report; and cy as specified in section 466(a)(7) of the So- referred to in subparagraph (A), (B) or (C); or ‘‘(ii) annually submit such consolidated re- cial Security Act (42 U.S.C. 666(a)(7)).’’. ‘‘(E) a security agreement or arrangement port to Congress. or other credit enhancement related to any ‘‘(B) The consolidated report submitted SEC. 327. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR ALIMONY, MAINTE- agreement or transaction referred to in sub- under this paragraph shall include the spe- NANCE, AND SUPPORT. paragraph (A), (B), (C) or (D);’’; cific information required under paragraph Section 523 of title 11, United States Code, (B) by amending paragraph (47) to read as (3)(B), including the name of each bank- as amended by section 202 of this Act, is follows: ruptcy judge with respect to clauses (i), (ii), amended— ‘‘(47) the term ‘repurchase agreement’ and (iii) of paragraph (3)(B).’’. (1) in subsection (a), by striking paragraph (which definition also applies to a reverse re- SEC. 323. PREFERRED PAYMENT OF CHILD SUP- (5) and inserting the following: purchase agreement)— PORT IN CHAPTER 7 PROCEEDINGS. ‘‘(5) to a spouse, former spouse, or child of ‘‘(A) means— Section 507(a) of title 11, United States the debtor— ‘‘(i) an agreement, including related terms, Code, is amended in the matter preceding ‘‘(A) for actual alimony to, maintenance which provides for the transfer of 1 or more paragraph (1), by inserting ‘‘, except that, for, or support of that spouse or child; certificates of deposit, mortgage-related se- notwithstanding any other provision of this ‘‘(B) that was incurred by the debtor in the curities (as such term is defined in the Secu- title, any expense or claim entitled to prior- course of a divorce or separation or in con- rities Exchange Act of 1934), mortgage loans, ity under paragraph (7) shall have first prior- nection with a separation agreement, prop- interests in mortgage-related securities or ity over any other expense or claim that has erty settlement agreement, divorce decree, mortgage loans, eligible bankers’ accept- priority under any other provision of this other order of a court of record, or deter- ances, qualified foreign government securi- subsection’’ before the colon. mination made in accordance with State or ties or securities that are direct obligations SEC. 324. PREFERRED PAYMENT OF CHILD SUP- territorial law by a governmental unit; or of, or that are fully guaranteed as to prin- PORT IN CHAPTER 13 PROCEEDINGS. ‘‘(C) that is described in subparagraph (A) cipal and interest by, the United States or Section 1322(b)(1) of title 11, United States or (B) and that is assigned pursuant to sec- any agency of the United States against the Code, is amended by striking the semicolon tion 408(a)(3) of the Social Security Act (42 transfer of funds by the transferee of such at the end and inserting the following: ‘‘and U.S.C. 608(a)(3)), or to the Federal Govern- certificates of deposit, eligible bankers’ ac- provide for the payment of any claim enti- ment, a State, or any political subdivision of ceptances, securities, loans or interests with tled to priority under section 507(a)(7) before a State, a simultaneous agreement by such transferee September 9, 1998 CONGRESSIONAL RECORD — SENATE S10129 to transfer to the transferor thereof certifi- cept that the master agreement shall be con- ‘‘(F) any other agreement or transaction cates of deposit, eligible bankers’ accept- sidered to be a swap agreement only with re- that is similar to any agreement or trans- ances, securities, loans, or interests as de- spect to each agreement or transaction action referred to in this paragraph; scribed above, at a date certain not later under the master agreement that is referred ‘‘(G) any combination of the agreements or than 1 year after such transfers or on de- to in clause (i), (ii), (iii), or (iv); or transactions referred to in this paragraph; mand, against the transfer of funds; or any ‘‘(C) is applicable for purposes of this title ‘‘(H) any option to enter into any agree- other similar agreement; and only and shall not be construed or applied to ment or transaction referred to in this para- ‘‘(ii) any combination of agreements or challenge or affect the characterization, def- graph; transactions referred to in clauses (i) and inition, or treatment of any swap agreement ‘‘(I) a master agreement that provides for (iii); or any instrument defined as a swap agree- an agreement or transaction referred to in ‘‘(iii) any option to enter into any agreement herein, under any other statute, regu- subparagraph (A), (B), (C), (D), (E), (F), (G) or ment or transaction referred to in clause (i) lation, or rule, including the Securities Act (H), together with all supplements to any or (ii); of 1933, the Securities Exchange Act of 1934, such master agreement, without regard to ‘‘(iv) a master agreement that provides for the Public Utility Holding Company Act of whether the master agreement provides for an agreement or transaction referred to in 1935, the Trust Indenture Act of 1939, the In- an agreement or transaction that is not a clauses (i), (ii) or (iii), together with all sup- vestment Company Act of 1940, the Invest- commodity contract under this paragraph, plements, without regard to whether the ment Advisers Act of 1940, the Securities In- except that the master agreement shall be master agreement provides for an agreement vestor Protection Act of 1970, the Commod- considered to be a commodity contract under or transaction that is not a repurchase ity Exchange Act, and the regulations pre- this paragraph only with respect to each agreement under this subparagraph, except scribed by the Securities and Exchange Com- agreement or transaction under the master that the master agreement shall be consid- mission or the Commodity Futures Trading agreement that is referred to in subpara- ered to be a repurchase agreement under this Commission.’’; graph (A), (B), (C), (D), (E), (F), (G) or (H); or subparagraph only with respect to each (2) by amending section 741(7) to read as ‘‘(J) a security agreement or arrangement agreement or transaction under the master follows: or other credit enhancement related to any agreement that is referred to in clause (i), ‘‘(7) the term ‘securities contract’— agreement or transaction referred to in this (ii) or (iii); or ‘‘(A) means— paragraph;’’. ‘‘(v) a security agreement or arrangement ‘‘(i) a contract for the purchase, sale, or (b) DEFINITIONS OF FINANCIAL INSTITUTION, FINANCIAL PARTICIPANT, AND FORWARD CON- or other credit enhancement related to any loan of a security, a certificate of deposit, a TRACT MERCHANT.—Section 101 of title 11, agreement or transaction referred to in mortgage loan or any interest in a mortgage United States Code, is amended— clauses (i), (ii), (iii) or (iv); and loan, or a group or index of securities, cer- (1) by amending paragraph (22) to read as ‘‘(B) does not include any repurchase obli- tificates of deposit, or mortgage loans or in- follows: gation under a participation in a commercial terests therein (including any interest there- ‘‘(22) the term ‘financial institution’ means mortgage loan, in or based on the value thereof) or option on any of the foregoing, including any option to a Federal reserve bank, or a person that is a and, for purposes of this paragraph, the term purchase or sell any such security, certifi- commercial or savings bank, industrial sav- ‘qualified foreign government security’ cate of deposit, loan, interest, group or index ings bank, savings and loan association, means a security that is a direct obligation or option; trust company, or receiver or conservator for of, or that is fully guaranteed by, the central ‘‘(ii) any option entered into on a national such person and, when any such Federal re- government of a member of the Organization securities exchange relating to foreign cur- serve bank, receiver, or conservator or per- for Economic Cooperation and Develop- rencies; son acting as agent or custodian for a cus- ment.’’; and ‘‘(iii) the guarantee by or to any securities tomer in connection with a securities con- (C) by amending paragraph (53B) to read as clearing agency of any settlement of cash, tract, as defined in section 741(7) of this title, follows: securities, certificates of deposit, mortgage such customer;’’; ‘‘(53B) the term ‘swap agreement’— loans or interest therein, or group or index (2) by inserting after paragraph (22) the fol- ‘‘(A) means— of securities, certificates of deposit, or mort- lowing new paragraph: ‘‘(i) any agreement, including the terms gage loans or interests therein (including ‘‘(22A) the term ‘financial participant’ and conditions incorporated by reference in any interest therein or based on the value means any entity that, at the time it enters any such agreement, which is an interest thereof) or option on any of the foregoing, into a securities contract, commodity con- rate swap, option, future, or forward agree- including any option to purchase or sell any tract or forward contract, or at the time of ment, including a rate floor, rate cap, rate such security, certificate of deposit, loan, in- the filing of the petition, has 1 or more collar, cross-currency rate swap, and basis terest, group or index or option; agreements or transactions that is described swap; a spot, same day-tomorrow, tomorrow- ‘‘(iv) any margin loan; in section 561(a)(2) with the debtor or any next, forward, or other foreign exchange or ‘‘(v) any other agreement or transaction other entity (other than an affiliate) of a precious metals agreement; a currency swap, that is similar to any agreement or trans- total gross dollar value of at least option, future, or forward agreement; an eq- action referred to in this subparagraph; $1,000,000,000 in notional or actual principal uity index or equity swap, option, future, or ‘‘(vi) any combination of the agreements or amount outstanding on any day during the forward agreement; a debt index or debt transactions referred to in this subpara- previous 15-month period, or has gross mark- swap, option, future, or forward agreement; a graph; to-market positions of at least $100,000,000 credit spread or credit swap, option, future, ‘‘(vii) any option to enter into any agree- (aggregated across counterparties) in 1 or or forward agreement; a commodity index or ment or transaction referred to in this sub- more such agreements or transactions with commodity swap, option, future, or forward paragraph; the debtor or any other entity (other than an agreement; ‘‘(viii) a master agreement that provides affiliate) on any day during the previous 15- ‘‘(ii) any agreement similar to any other for an agreement or transaction referred to month period;’’; and agreement or transaction referred to in this in clause (i), (ii), (iii), (iv), (v), (vi), or (vii), (3) by amending paragraph (26) to read as subparagraph that— together with all supplements to any such follows: ‘‘(I) is presently, or in the future becomes, master agreement, without regard to wheth- ‘‘(26) the term ‘forward contract merchant’ regularly entered into in the swap agreement er the master agreement provides for an means a Federal reserve bank, or a person market (including terms and conditions in- agreement or transaction that is not a secu- whose business consists in whole or in part of corporated by reference therein); and rities contract under this subparagraph, ex- entering into forward contracts as or with ‘‘(II) is a forward, swap, future, or option cept that the master agreement shall be con- merchants or in a commodity, as defined or on 1 or more rates, currencies, commodities, sidered to be a securities contract under this in section 761(8) of this title, or any similar equity securities or other equity instru- subparagraph only with respect to each good, article, service, right, or interest ments, debt securities or other debt instru- agreement or transaction under the master which is presently or in the future becomes ments, or economic indices or measures of agreement that is referred to in clause (i), the subject of dealing or in the forward con- economic risk or value; (ii), (iii), (iv), (v), (vi), or (vii); and tract trade;’’. ‘‘(iii) any combination of agreements or ‘‘(ix) any security agreement or arrange- (c) DEFINITION OF MASTER NETTING AGREE- transactions referred to in this subpara- ment or other credit enhancement related to MENT AND MASTER NETTING AGREEMENT PAR- graph; any agreement or transaction referred to in TICIPANT.—Section 101 of title 11, United ‘‘(iv) any option to enter into any agree- this subparagraph; and States Code, is amended by inserting after ment or transaction referred to in this sub- ‘‘(B) does not include any purchase, sale, or paragraph (38) the following new paragraphs: paragraph; repurchase obligation under a participation ‘‘(38A) the term ‘master netting agree- ‘‘(v) a master agreement that provides for in or servicing agreement for a commercial ment’ means an agreement providing for the an agreement or transaction referred to in mortgage loan.’’; and exercise of rights, including rights of net- clause (i), (ii), (iii), or (iv), together with all (3) in section 761(4)— ting, setoff, liquidation, termination, accel- supplements to any such master agreement, (A) by striking ‘‘or’’ at the end of subpara- eration, or closeout, under or in connection without regard to whether the master agree- graph (D); and with 1 or more contracts that are described ment contains an agreement or transaction (B) by adding at the end the following new in any 1 or more of paragraphs (1) through (5) that is described in any of such clause, ex- subparagraphs: of section 561(a), or any security agreement S10130 CONGRESSIONAL RECORD — SENATE September 9, 1998 or arrangement or other credit enhancement agreement that is made before the com- ‘‘(2) commodity contracts, as defined in related to 1 or more of the foregoing. If a mencement of the case, the trustee may not section 761(4); master netting agreement contains provi- avoid a transfer made by or to such master ‘‘(3) forward contracts; sions relating to agreements or transactions netting agreement participant under or in ‘‘(4) repurchase agreements; that are not contracts described in para- connection with the master netting agree- ‘‘(5) swap agreements; or graphs (1) through (5) of section 561(a), the ment in issue, except under section 548(a)(1) ‘‘(6) master netting agreements, master netting agreement shall be deemed to of this title.’’. shall not be stayed, avoided, or otherwise be a master netting agreement only with re- (f) FRAUDULENT TRANSFERS OF MASTER limited by operation of any provision of this spect to those agreements or transactions NETTING AGREEMENTS.—Section 548(d)(2) of title or by any order of a court or adminis- that are described in any 1 or more of the title 11, United States Code, is amended— trative agency in any proceeding under this paragraphs (1) through (5) of section 561(a); (1) in subparagraph (C), by striking ‘‘and’’; title. ‘‘(38B) the term ‘master netting agreement (2) in subparagraph (D), by striking the pe- ‘‘(b) EXCEPTION.— participant’ means an entity that, at any riod and inserting ‘‘; and’’; and ‘‘(1) A party may exercise a contractual time before the filing of the petition, is a (3) by adding at the end the following new right described in subsection (a) to termi- party to an outstanding master netting subparagraph: nate, liquidate, or accelerate only to the ex- agreement with the debtor;’’. ‘‘(E) a master netting agreement partici- tent that such party could exercise such a (d) SWAP AGREEMENTS, SECURITIES CON- pant that receives a transfer in connection right under section 555, 556, 559, or 560 for TRACTS, COMMODITY CONTRACTS, FORWARD with a master netting agreement takes for each individual contract covered by the mas- CONTRACTS, REPURCHASE AGREEMENTS, AND value to the extent of such transfer, but only ter netting agreement in issue. MASTER NETTING AGREEMENTS UNDER THE to the extent that such participant would ‘‘(2)(A) A party may not exercise a contrac- AUTOMATIC-STAY.— take for value under paragraph (B), (C), or tual right described in subsection (a) to off- (1) IN GENERAL.—Section 362(b) of title 11, (D) for each individual contract covered by set or to net obligations arising under, or in United States Code, is amended— the master netting agreement in issue.’’. connection with, a commodity contract (A) in paragraph (6), by inserting (g) TERMINATION OR ACCELERATION OF SECU- against obligations arising under, or in con- ‘‘, pledged to, and under the control of,’’ RITIES CONTRACTS.—Section 555 of title 11, nection with, any instrument listed in sub- after ‘‘held by’’; United States Code, is amended— section (a) if the obligations are not mutual. (B) in paragraph (7), by inserting (1) by amending the section heading to ‘‘(B) If a debtor is a commodity broker sub- ‘‘, pledged to, and under the control of,’’ read ‘‘Contractual right to liquidate, termi- ject to subchapter IV of chapter 7 of this after ‘‘held by’’; nate, or accelerate a securities contract’’; and title, a party may not net or offset an obliga- (C) by amending paragraph (17) to read as (2) in the first sentence, by striking ‘‘liq- tion to the debtor arising under, or in con- follows: uidation’’ and inserting ‘‘liquidation, termi- nection with, a commodity contract against ‘‘(17) under subsection (a), of the setoff by nation, or acceleration’’. any claim arising under, or in connection a swap participant of any mutual debt and (h) TERMINATION OR ACCELERATION OF COM- with, other instruments listed in subsection claim under or in connection with 1 or more MODITIES OR FORWARD CONTRACTS.—Section (a) if the party has no positive net equity in swap agreements that constitute the setoff 556 of title 11, United States Code, is amend- the commodity account at the debtor, as cal- of a claim against the debtor for any pay- ed— culated under subchapter IV. ment due from the debtor under or in con- (1) by amending the section heading to ‘‘(c) DEFINITION.—As used in this section, nection with any swap agreement against read ‘‘Contractual right to liquidate, termi- the term ‘contractual right’ includes a right any payment due to the debtor from the nate, or accelerate a commodities contract or set forth in a rule or bylaw of a national se- swap participant under or in connection with forward contract’’; and curities exchange, a national securities asso- any swap agreement or against cash, securi- (2) in the first sentence, by striking ‘‘liq- ciation, or a securities clearing agency, a ties, or other property of the debtor held by, uidation’’ and inserting ‘‘liquidation, termi- right set forth in a bylaw of a clearing orga- pledged to, and under the control of, or due nation, or acceleration’’. nization or contract market or in a resolu- from such swap participant to guarantee, se- (i) TERMINATION OR ACCELERATION OF RE- tion of the governing board thereof, and a cure, or settle any swap agreement;’’; PURCHASE AGREEMENTS.—Section 559 of title right whether or not evidenced in writing (D) in paragraph (18), by striking the pe- 11, United States Code, is amended— arising under common law, under law mer- riod and inserting ‘‘; or’’; and (1) by amending the section heading to chant, or by reason of normal business prac- (E) by inserting after paragraph (18) the read ‘‘Contractual right to liquidate, termi- tice.’’. following new paragraph: nate, or accelerate a repurchase agreement’’; (l) MUNICIPAL BANKRUPTCIES.—Section 901 ‘‘(19) under subsection (a), of the setoff by and of title 11, United States Code, is amended— a master netting agreement participant of a (2) in the first sentence, by striking ‘‘liq- (1) by inserting ‘‘, 555, 556’’ after ‘‘553’’; and mutual debt and claim under or in connec- uidation’’ and inserting ‘‘liquidation, termi- (2) by inserting ‘‘, 559, 560, 561, 562’’ after tion with 1 or more master netting agree- nation, or acceleration’’. ‘‘557’’. ments to the extent such participant could (j) LIQUIDATION, TERMINATION, OR ACCEL- (m) ANCILLARY PROCEEDINGS.—Section 304 offset the claim under paragraph (6), (7), or ERATION OF SWAP AGREEMENTS.—Section 560 of title 11, United States Code, is amended by (17) for each individual contract covered by of title 11, United States Code, is amended— adding at the end the following new sub- the master netting agreement in issue.’’. (1) by amending the section heading to section: (2) LIMITATION.—Section 362 of title 11, read ‘‘Contractual right to liquidate, termi- ‘‘(d) Any provisions of this title relating to United States Code, is amended by adding at nate, or accelerate a swap agreement’’; and securities contracts, commodity contracts, the end the following new subsection: (2) in the first sentence, by striking ‘‘ter- forward contracts, repurchase agreements, ‘‘(i) LIMITATION.—The exercise of rights not mination of a swap agreement’’ and inserting swap agreements, or master netting agree- subject to the stay arising under subsection ‘‘liquidation, termination, or acceleration of ments shall apply in a case ancillary to a (a) pursuant to paragraph (6), (7), (17), or (19) 1 or more swap agreements’’; and foreign proceeding under this section or any of subsection (b) shall not be stayed by any (3) by striking ‘‘in connection with any other section of this title so that enforce- order of a court or administrative agency in swap agreement’’ and inserting ‘‘in connec- ment of contractual provisions of such con- any proceeding under this title.’’. tion with the termination, liquidation, or ac- tracts and agreements in accordance with (e) LIMITATION OF AVOIDANCE POWERS celeration of 1 or more swap agreements’’. their terms will not be stayed or otherwise UNDER MASTER NETTING AGREEMENT.—Sec- (k) LIQUIDATION, TERMINATION, ACCELERA- limited by operation of any provision of this tion 546 of title 11, United States Code, is TION, OR OFFSET UNDER A MASTER NETTING title or by order of a court in any proceeding amended— AGREEMENT AND ACROSS CONTRACTS.—Title under this title, and to limit avoidance pow- (1) in subsection (g) (as added by section 11, United States Code, is amended by insert- ers to the same extent as in a proceeding 103 of Public Law 101–311)— ing after section 560 the following new sec- under chapter 7 or 11 of this title (such en- (A) by striking ‘‘under a swap agreement’’; tion: forcement not to be limited based on the (B) by striking ‘‘in connection with a swap presence or absence of assets of the debtor in agreement’’ and inserting ‘‘under or in con- ‘‘§ 561. Contractual right to terminate, liq- the United States).’’. nection with any swap agreement’’; uidate, accelerate, or offset under a master netting agreement and across contracts (n) COMMODITY BROKER LIQUIDATIONS.— (2) by redesignating subsection (g) (as Title 11, United States Code, is amended by added by section 222(a) of Public Law 103–394) ‘‘(a) IN GENERAL.—Subject to subsection (b), the exercise of any contractual right, be- inserting after section 766 the following new as subsection (i); and section: (3) by inserting before subsection (i) (as re- cause of a condition of the kind specified in designated) the following new subsection: section 365(e)(1), to cause the termination, ‘‘§ 767. Commodity broker liquidation and for- ‘‘(h) Notwithstanding sections 544, 545, 547, liquidation, or acceleration of or to offset, or ward contract merchants, commodity bro- 548(a)(2), and 548(b) of this title, to the extent net termination values, payment amounts or kers, stockbrokers, financial institutions, that under subsection (e), (f), or (g), the other transfer obligations arising under or in securities clearing agencies, swap partici- trustee may not avoid a transfer made by or connection with the termination, liquida- pants, repo participants, and master net- to a master netting agreement participant tion, or acceleration of 1 or more— ting agreement participants under or in connection with each individual ‘‘(1) securities contracts, as defined in sec- ‘‘Notwithstanding any other provision of contract covered by any master netting tion 741(7); this title, the exercise of rights by a forward September 9, 1998 CONGRESSIONAL RECORD — SENATE S10131 contract merchant, commodity broker, of this title, forward contract, repurchase agreement, represented and warranted that stockbroker, financial institution, securities agreement, or master netting agreement eligible assets were sold, contributed, or oth- clearing agency, swap participant, repo par- pursuant to section 365(a) of this title, or if erwise conveyed with the intention of remov- ticipant, or master netting agreement par- a forward contract merchant, stockbroker, ing them from the estate of the debtor pur- ticipant under this title shall not affect the financial institution, securities clearing suant to subsection (b)(5), irrespective, with- priority of any unsecured claim it may have agency, repo participant, master netting out limitation of— after the exercise of such rights or affect the agreement participant, or swap participant ‘‘(A) whether the debtor directly or indi- provisions of this subchapter IV regarding liquidates, terminates, or accelerates any rectly obtained or held an interest in the customer property or distributions.’’. such contract or agreement, damages shall issuer or in any securities issued by the (o) STOCKBROKER LIQUIDATIONS.—Title 11, be measured as of the earlier of— issuer; United States Code, is amended by inserting ‘‘(1) the date of such rejection; or ‘‘(B) whether the debtor had an obligation after section 752 the following new section: ‘‘(2) the date of such liquidation, termi- to repurchase or to service or supervise the ‘‘§ 753. Stockbroker liquidation and forward nation, or acceleration.’’. servicing of all or any portion of such eligi- contract merchants, commodity brokers, (b) CLAIMS ARISING FROM REJECTION.—Sec- ble assets; or stockbrokers, financial institutions, securi- tion 502(g) of title 11, United States Code, is ‘‘(C) the characterization of such sale, con- ties clearing agencies, swap participants, amended— tribution, or other conveyance for tax, ac- repo participants, and master netting (1) by designating the existing text as counting, regulatory reporting, or other pur- paragraph (1); and agreement participants poses.’’. ‘‘Notwithstanding any other provision of (2) by adding at the end the following new paragraph: SEC. 404. APPLICABILITY. this title, the exercise of rights by a forward The amendments made by this title shall contract merchant, commodity broker, ‘‘(2) A claim for damages calculated in accordance with section 562 of this title shall apply with respect to cases commenced or stockbroker, financial institution, securities appointments made under any Federal or clearing agency, swap participant, repo par- be allowed under subsection (a),(b), or (c) of this section or disallowed under subsection State law after the date of enactment of this ticipant, or master netting agreement par- Act. ticipant under this title shall not affect the (d) or (e) of this section as if such claim had priority of any unsecured claim it may have arisen before the date of the filing of the pe- TITLE V—ANCILLARY AND OTHER CROSS- after the exercise of rights or affect the pro- tition.’’. BORDER CASES visions of this subchapter regarding cus- SEC. 403. ASSET-BACKED SECURITIZATIONS. SEC. 501. AMENDMENT TO ADD A CHAPTER 6 TO tomer property or distributions.’’. Section 541 of title 11, United States Code, TITLE 11, UNITED STATES CODE. (p) SETOFF.—Section 553 of title 11, United is amended— (a) IN GENERAL.—Title 11, United States States Code, is amended— (1) in subsection (b), by striking ‘‘or’’ at Code, is amended by inserting after chapter (1) in subsection (a)(3)(C), by inserting the end of paragraph (4); 5 the following: ‘‘(except for a setoff of a kind described in (2) by redesignating paragraph (5) of sub- ‘‘CHAPTER 6—ANCILLARY AND OTHER section 362(b)(6), 362(b)(7), 362(b)(17), 555, 556, section (b) as paragraph (6); CROSS-BORDER CASES 559, 560, or 561 of this title)’’ before the pe- (3) by inserting after paragraph (4) of sub- ‘‘Sec. riod; and section (b) the following new paragraph: ‘‘601. Purpose and scope of application. (2) in subsection (b)(1), by striking ‘‘(5) any eligible asset (or proceeds there- ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), 555, of), to the extent that such eligible asset was ‘‘SUBCHAPTER I—GENERAL PROVISIONS 556, 559, 560, 561’’. transferred by the debtor, before the date of ‘‘602. Definitions. (q) SECURITIES CONTRACTS, COMMODITY CON- commencement of the case, to an eligible en- ‘‘603. International obligations of the United TRACTS, AND FORWARD CONTRACTS.—Title 11, tity in connection with an asset-backed States. United States Code, is amended— securitization, except to the extent such ‘‘604. Commencement of ancillary case. (1) in section 362(b)(6), by striking ‘‘finan- asset (or proceeds or value thereof) may be ‘‘605. Authorization to act in a foreign coun- cial institutions,’’ each place such term ap- recovered by the trustee under section 550 by try. pears and inserting ‘‘financial institution, fi- virtue of avoidance under section 548(a); or’’; ‘‘606. Public policy exception. nancial participant’’; and ‘‘607. Additional assistance. (2) in section 546(e), by inserting ‘‘financial (4) by adding at the end the following new ‘‘608. Interpretation. participant’’ after ‘‘financial institution,’’; subsection: ‘‘SUBCHAPTER II—ACCESS OF FOREIGN (3) in section 548(d)(2)(B), by inserting ‘‘fi- ‘‘(e) DEFINITIONS.—For purposes of this sec- REPRESENTATIVES AND CREDITORS nancial participant’’ after ‘‘financial institution, the following definitions shall apply: TO THE COURT tion,’’; ‘‘(1) ASSET-BACKED SECURITIZATION.—The ‘‘609. Right of direct access. (4) in section 555— term ‘asset-backed securitization’ means a ‘‘610. Limited jurisdiction. (A) by inserting ‘‘financial participant’’ transaction in which eligible assets trans- ‘‘611. Commencement of bankruptcy case after ‘‘financial institution,’’; and ferred to an eligible entity are used as the under section 301 or 303. (B) by inserting before the period ‘‘, a right source of payment on securities, the most ‘‘612. Participation of a foreign representa- set forth in a bylaw of a clearing organiza- senior of which are rated investment grade tive in a case under this title. tion or contract market or in a resolution of by 1 or more nationally recognized securities ‘‘613. Access of foreign creditors to a case the governing board thereof, and a right, rating organizations, issued by an issuer; under this title. whether or not in writing, arising under ‘‘(2) ELIGIBLE ASSET.—The term ‘eligible ‘‘614. Notification to foreign creditors con- common law, under law merchant, or by rea- asset’ means— cerning a case under this title. son of normal business practice’’; and ‘‘(A) financial assets (including interests ‘‘SUBCHAPTER III—RECOGNITION OF A (5) in section 556, by inserting ‘‘, financial therein and proceeds thereof), either fixed or FOREIGN PROCEEDING AND RELIEF participant’’ after ‘‘commodity broker’’. revolving, including residential and commer- ‘‘615. Application for recognition of a foreign (r) TECHNICAL AND CONFORMING AMEND- cial mortgage loans, consumer receivables, proceeding. MENT.—Section 104 of title 11, United States trade receivables, and lease receivables, ‘‘616. Presumptions concerning recognition. Code, is amended by adding at the end the that, by their terms, convert into cash with- ‘‘617. Order recognizing a foreign proceeding. following new subsection: in a finite time period, plus any rights or ‘‘618. Subsequent information. ‘‘(c) EXCEPTION FOR CERTAIN DEFINED other assets designed to assure the servicing ‘‘619. Relief that may be granted upon peti- TERMS.—No adjustments shall be made under or timely distribution of proceeds to security tion for recognition of a foreign this section to the dollar amounts set forth holders; proceeding. in the definition of the term ‘financial par- ‘‘(B) cash; and ‘‘620. Effects of recognition of a foreign main ticipant’ in section 101(22A).’’. ‘‘(C) securities. proceeding. SEC. 9. RECORDKEEPING REQUIREMENTS. ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ‘‘621. Relief that may be granted upon rec- Section 11(e)(8) of the Federal Deposit In- entity’ means— ognition of a foreign proceed- surance Act (12 U.S.C. 1821(e)(8)) is amended ‘‘(A) an issuer; or ing. by adding at the end the following new sub- ‘‘(B) a trust, corporation, partnership, or ‘‘622. Protection of creditors and other inter- paragraph: other entity engaged exclusively in the busi- ested persons. SEC. 402. DAMAGE MEASURE. ness of acquiring and transferring eligible as- ‘‘623. Actions to avoid acts detrimental to (a) Title 11, United States Code, is amend- sets directly or indirectly to an issuer and creditors. ed by inserting after section 561 (as added by taking actions ancillary thereto; ‘‘624. Intervention by a foreign representative. section 7(k)) the following new section: ‘‘(4) ISSUER.—The term ‘issuer’ means a ‘‘§ 561. Damage measure in connection with trust, corporation, partnership, or other en- ‘‘SUBCHAPTER IV—COOPERATION WITH swap agreements, securities contracts, for- tity engaged exclusively in the business of FOREIGN COURTS AND FOREIGN REP- ward contracts, commodity contracts, re- acquiring and holding eligible assets, issuing RESENTATIVES purchase agreements, or master netting securities backed by eligible assets, and tak- ‘‘625. Cooperation and direct communication agreements ing actions ancillary thereto. between the court and foreign ‘‘If the trustee rejects a swap agreement, ‘‘(5) TRANSFERRED.—The term ‘transferred’ courts or foreign representa- securities contract as defined in section 741 means the debtor, pursuant to a written tives. S10132 CONGRESSIONAL RECORD — SENATE September 9, 1998 ‘‘626. Cooperation and direct communication main proceeding, taking place in a country other Federal and State courts for appro- between the trustee and foreign where the debtor has an establishment; priate relief in those courts. courts or foreign representa- ‘‘(6) ‘trustee’ includes a trustee, a debtor in ‘‘(b) Upon recognition, and subject to sec- tives. possession in a case under any chapter of tion 610, a foreign representative has the ca- ‘‘627. Forms of cooperation. this title, or a debtor under chapters 9 or 13 pacity to sue and be sued. ‘‘SUBCHAPTER V—CONCURRENT of this title; and ‘‘(c) Recognition under this chapter is pre- PROCEEDINGS ‘‘(7) ‘within the territorial jurisdiction of requisite to the granting of comity or co- ‘‘628. Commencement of a case under this the United States’ when used with reference operation to a foreign proceeding in any title after recognition of a for- to property of a debtor refers to tangible State or Federal court in the United States. eign main proceeding. property located within the territory of the Any request for comity or cooperation in ‘‘629. Coordination of a case under this title United States and intangible property any court shall be accompanied by a sworn and a foreign proceeding. deemed to be located within that territory, statement setting forth whether recognition ‘‘630. Coordination of more than 1 foreign including any property that may properly be under section 615 has been sought and the proceeding. seized or garnished by an action in a Federal status of any such petition. ‘‘631. Presumption of insolvency based on or State court in the United States. ‘‘(d) Upon denial of recognition under this recognition of a foreign main ‘‘§ 603. International obligations of the United chapter, the court may issue appropriate or- proceeding. States ders necessary to prevent an attempt to ob- ‘‘632. Rule of payment in concurrent pro- tain comity or cooperation from courts in ‘‘To the extent that this chapter conflicts ceedings. the United States without such recognition. with an obligation of the United States aris- ‘‘§ 601. Purpose and scope of application ing out of any treaty or other form of agree- ‘‘§ 610. Limited jurisdiction ‘‘(a) The purpose of this chapter is to in- ment to which it is a party with 1 or more ‘‘The sole fact that a foreign representa- corporate the Model Law on Cross-Border In- other countries, the requirements of the tive files a petition under sections 604 and solvency so as to provide effective mecha- treaty or agreement prevail. 615 does not subject the foreign representa- nisms for dealing with cases of cross-border ‘‘§ 604. Commencement of ancillary case tive to the jurisdiction of any court in the insolvency with the objectives of— United States for any other purpose. ‘‘(1) cooperation between— ‘‘A case under this chapter is commenced ‘‘(A) United States courts, United States by the filing of a petition for recognition of ‘‘§ 611. Commencement of bankruptcy case Trustees, trustees, examiners, debtors, and a foreign proceeding under section 615. under section 301 or 303 debtors in possession; and ‘‘§ 605. Authorization to act in a foreign coun- ‘‘(a) Upon filing a petition for recognition, ‘‘(B) the courts and other competent au- try a foreign representative may commence— thorities of foreign countries involved in ‘‘A trustee or another entity designated by ‘‘(1) an involuntary case under section 303; cross-border insolvency cases; the court may be authorized by the court to or ‘‘(2) greater legal certainty for trade and act in a foreign country on behalf of an es- ‘‘(2) a voluntary case under section 301 or investment; tate created under section 541. An entity au- 302, if the foreign proceeding is a foreign ‘‘(3) fair and efficient administration of thorized to act under this section may act in main proceeding. cross-border insolvencies that protects the any way permitted by the applicable foreign ‘‘(b) The petition commencing a case under interests of all creditors, and other inter- law. subsection (a) of this section must be accom- ested entities, including the debtor; panied by a statement describing the peti- ‘‘§ 606. Public policy exception ‘‘(4) protection and maximization of the tion for recognition and its current status. value of the debtor’s assets; and ‘‘Nothing in this chapter prevents the The court where the petition for recognition ‘‘(5) facilitation of the rescue of financially court from refusing to take an action gov- has been filed must be advised of the foreign troubled businesses, thereby protecting in- erned by this chapter if the action would be representative’s intent to commence a case vestment and preserving employment. manifestly contrary to the public policy of under subsection (a) of this section prior to ‘‘(b) This chapter applies where— the United States. such commencement. ‘‘(1) assistance is sought in the United ‘‘§ 607. Additional assistance ‘‘(c) A case under subsection (a) shall be States by a foreign court or a foreign rep- ‘‘(a) Nothing in this chapter limits the dismissed unless recognition is granted. resentative in connection with a foreign pro- power of the court, upon recognition of a for- ‘‘§ 612. Participation of a foreign representa- ceeding; eign proceeding, to provide additional assist- tive in a case under this title ‘‘(2) assistance is sought in a foreign coun- ance to a foreign representative under this ‘‘Upon recognition of a foreign proceeding, try in connection with a case under this title or under other laws of the United the foreign representative in that proceeding title; States. is entitled to participate as a party in inter- ‘‘(3) a foreign proceeding and a case under ‘‘(b) In determining whether to provide ad- est in a case regarding the debtor under this this title with respect to the same debtor are ditional assistance under this title or under title. taking place concurrently; or other laws of the United States, the court ‘‘§ 613. Access of foreign creditors to a case ‘‘(4) creditors or other interested persons shall consider whether such additional asunder this title in a foreign country have an interest in resistance, consistent with the principles of questing the commencement of, or partici- comity, will reasonably assure— ‘‘(a) Foreign creditors have the same rights pating in, a case or proceeding under this ‘‘(1) just treatment of all holders of claims regarding the commencement of, and partici- title. against or interests in the debtor’s property; pation in, a case under this title as domestic ‘‘(c) This chapter does not apply to— ‘‘(2) protection of claim holders in the creditors. ‘‘(1) a proceeding concerning an entity United States against prejudice and incon- ‘‘(b)(1) Subsection (a) of this section does identified by exclusion in subsection 109(b); venience in the processing of claims in such not change or codify law in effect on the date or foreign proceeding; of enactment of this chapter as to the prior- ‘‘(2) a natural person or a natural person ‘‘(3) prevention of preferential or fraudu- ity of claims under section 507 or 726, except and that person’s spouse who have debts lent dispositions of property of the debtor; that the claim of a foreign creditor under within the limits specified in under section ‘‘(4) distribution of proceeds of the debtor’s those sections shall not be given a lower pri- 109(e) and who are citizens of the United property substantially in accordance with ority than the class of general unsecured States or aliens lawfully admitted for per- the order prescribed by this title; and claims without priority solely because the manent residence in the United States. ‘‘(5) if appropriate, the provision of an op- holder of such claim is a foreign creditor. ‘‘SUBCHAPTER I—GENERAL PROVISIONS portunity for a fresh start for the individual ‘‘(2)(A) Subsection (a) of this section and ‘‘§ 602. Definitions that such foreign proceeding concerns. paragraph (1) of this subsection do not change or codify law in effect on the date of ‘‘For the purposes of this chapter, the ‘‘§ 608. Interpretation enactment of this chapter as to the allow- term— ‘‘In interpreting this chapter, the court ability of foreign revenue claims or other ‘‘(1) ‘debtor’ means an entity that is the shall consider its international origin, and foreign public law claims in a proceeding subject of a foreign proceeding; the need to promote an application of this under this title. ‘‘(2) ‘establishment’ means any place of op- chapter that is consistent with the applica- ‘‘(B) Allowance and priority as to a foreign erations where the debtor carries out a non- tion of similar statutes adopted by foreign tax claim or other foreign public law claim transitory economic activity; jurisdictions. shall be governed by any applicable tax trea- ‘‘(3) ‘foreign court’ means a judicial or ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ty of the United States, under the conditions other authority competent to control or su- REPRESENTATIVES AND CREDITORS and circumstances specified therein. pervise a foreign proceeding; TO THE COURT ‘‘(4) ‘foreign main proceeding’ means a for- ‘‘§ 614. Notification to foreign creditors con- eign proceeding taking place in the country ‘‘§ 609. Right of direct access cerning a case under this title where the debtor has the center of its main ‘‘(a) A foreign representative is entitled to ‘‘(a) Whenever in a case under this title, interests; commence a case under section 604 by filing notice is to be given to creditors generally or ‘‘(5) ‘foreign nonmain proceeding’ means a a petition for recognition under section 615, to any class or category of creditors, such foreign proceeding, other than a foreign and upon recognition, to apply directly to notice shall also be given to the known September 9, 1998 CONGRESSIONAL RECORD — SENATE S10133 creditors generally, or to creditors in the no- ‘‘(1) the foreign proceeding is a foreign ‘‘(1) section 362 applies with respect to the tified class or category, that do not have ad- main proceeding or foreign nonmain proceed- debtor and that property of the debtor that dresses in the United States. The court may ing within the meaning of section 602 and is is within the territorial jurisdiction of the order that appropriate steps be taken with a a foreign proceeding within the meaning of United States; and view to notifying any creditor whose address section 101(23); ‘‘(2) transfer, encumbrance, or any other is not yet known. ‘‘(2) the person or body applying for rec- disposition of an interest of the debtor in ‘‘(b) The notification to creditors with for- ognition is a foreign representative within property within the territorial jurisdiction eign addresses described in subsection (a) the meaning of section 101(24); and of the United States is restrained as and to shall be given individually, unless the court ‘‘(3) the petition meets the requirements of the extent that is provided for property of an considers that, under the circumstances, section 615. estate under sections 363, 549, and 552. some other form of notification would be ‘‘(b) The foreign proceeding shall be recog- Unless the court orders otherwise, the for- more appropriate. No letters rogatory or nized— eign representative may operate the debtor’s other similar formality is required. ‘‘(1) as a foreign main proceeding if it is business and may exercise the powers of a ‘‘(c) When a notification of commencement taking place in the country where the debtor trustee under section 549, subject to sections of a case is to be given to foreign creditors, has the center of its main interests; or 363 and 552. the notification shall— ‘‘(2) as a foreign nonmain proceeding if the ‘‘(b) The scope, and the modification or ‘‘(1) indicate the time period for filing debtor has an establishment within the termination, of the stay and restraints re- proofs of claim and specify the place for meaning of section 602 in the foreign country ferred to in subsection (a) of this section are their filing; where the proceeding is pending. subject to the exceptions and limitations ‘‘(2) indicate whether secured creditors ‘‘(c) A petition for recognition of a foreign provided in subsections (b), (c), and (d) of need to file their proofs of claim; and proceeding shall be decided upon at the earli- section 362, subsections (b) and (c) of section ‘‘(3) contain any other information re- est possible time. Entry of an order recogniz- 363, and sections 552, 555 through 557, 559, and ing a foreign proceeding shall constitute rec- quired to be included in such a notification 560. to creditors pursuant to this title and the or- ognition under this chapter. ‘‘(c) Subsection (a) of this section does not ‘‘(d) The provisions of this subchapter do ders of the court. affect the right to commence individual ac- not prevent modification or termination of ‘‘(d) Any rule of procedure or order of the tions or proceedings in a foreign country to court as to notice or the filing of a claim recognition if it is shown that the grounds for granting it were fully or partially lack- the extent necessary to preserve a claim shall provide such additional time to credi- against the debtor. tors with foreign addresses as is reasonable ing or have ceased to exist, but in considering such action the court shall give due ‘‘(d) Subsection (a) of this section does not under the circumstances. weight to possible prejudice to parties that affect the right of a foreign representative or ‘‘SUBCHAPTER III—RECOGNITION OF A have relied upon the granting of recognition. an entity to file a petition commencing a FOREIGN PROCEEDING AND RELIEF The foreign proceeding may be closed in the case under this title or the right of any party ‘‘§ 615. Application for recognition of a for- manner prescribed for a case under section to file claims or take other proper actions in eign proceeding 350. such a case. ‘‘(a) A foreign representative applies to the ‘‘§ 618. Subsequent information ‘‘§ 621. Relief that may be granted upon rec- court for recognition of the foreign proceed- ‘‘From the time of filing the petition for ognition of a foreign proceeding ing in which the foreign representative has recognition of the foreign proceeding, the ‘‘(a) Upon recognition of a foreign proceed- been appointed by filing a petition for rec- foreign representative shall file with the ing, whether main or nonmain, where nec- ognition. court promptly a notice of change of status essary to effectuate the purpose of this chap- ‘‘(b) A petition for recognition shall be ac- concerning— ter and to protect the assets of the debtor or companied by— ‘‘(1) any substantial change in the status of the interests of the creditors, the court may, ‘‘(1) a certified copy of the decision com- the foreign proceeding or the status of the at the request of the foreign representative, mencing the foreign proceeding and appoint- foreign representative’s appointment; and grant any appropriate relief, including— ing the foreign representative; ‘‘(2) any other foreign proceeding regarding ‘‘(1) staying the commencement or con- ‘‘(2) a certificate from the foreign court af- the debtor that becomes known to the for- tinuation of individual actions or individual firming the existence of the foreign proceed- eign representative. proceedings concerning the debtor’s assets, ing and of the appointment of the foreign ‘‘§ 619. Relief that may be granted upon peti- rights, obligations or liabilities to the extent representative; or tion for recognition of a foreign proceeding they have not been stayed under section ‘‘(3) in the absence of evidence referred to ‘‘(a) From the time of filing a petition for 620(a); in paragraphs (1) and (2), any other evidence recognition until the petition is decided ‘‘(2) staying execution against the debtor’s acceptable to the court of the existence of upon, the court may, at the request of the assets to the extent it has not been stayed the foreign proceeding and of the appoint- foreign representative, where relief is ur- under section 620(a); ment of the foreign representative. gently needed to protect the assets of the ‘‘(3) suspending the right to transfer, en- ‘‘(c) A petition for recognition shall also be debtor or the interests of the creditors, grant cumber or otherwise dispose of any assets of accompanied by a statement identifying all relief of a provisional nature, including— the debtor to the extent this right has not foreign proceedings with respect to the debt- ‘‘(1) staying execution against the debtor’s been suspended under section 620(a); or that are known to the foreign representa- assets; ‘‘(4) providing for the examination of wit- tive. ‘‘(2) entrusting the administration or real- nesses, the taking of evidence or the delivery ‘‘(d) The documents referred to in para- ization of all or part of the debtor’s assets lo- of information concerning the debtor’s as- graphs (1) and (2) of subsection (b) must be cated in the United States to the foreign rep- sets, affairs, rights, obligations or liabilities; translated into English. The court may re- resentative or another person designated by ‘‘(5) entrusting the administration or real- quire a translation into English of additional the court, including an examiner, in order to ization of all or part of the debtor’s assets documents. protect and preserve the value of assets that, within the territorial jurisdiction of the ‘‘§ 616. Presumptions concerning recognition by their nature or because of other cir- United States to the foreign representative or another person, including an examiner, ‘‘(a) If the decision or certificate referred cumstances, are perishable, susceptible to designated by the court; to in section 615(b) indicates that the foreign devaluation or otherwise in jeopardy; and ‘‘(6) extending relief granted under section proceeding is a foreign proceeding within the ‘‘(3) any relief referred to in paragraph (3), 619(a); and meaning of section 101(23) and that the per- (4), or (7) of section 621(a). ‘‘(7) granting any additional relief that son or body is a foreign representative with- ‘‘(b) Unless extended under section may be available to a trustee, except for rein the meaning of section 101(24), the court is 621(a)(6), the relief granted under this section lief available under sections 522, 544, 545, 547, entitled to so presume. terminates when the petition for recognition 548, 550, and 724(a). ‘‘(b) The court is entitled to presume that is decided upon. ‘‘(c) It is a ground for denial of relief under ‘‘(b) Upon recognition of a foreign proceed- documents submitted in support of the peti- this section that such relief would interfere ing, whether main or nonmain, the court tion for recognition are authentic, whether with the administration of a foreign main may, at the request of the foreign represent- the documents have been subjected to legal proceeding. ative, entrust the distribution of all or part processing under applicable law. ‘‘(d) The court may not enjoin a police or of the debtor’s assets located in the United ‘‘(c) In the absence of evidence to the con- regulatory act of a governmental unit, in- States to the foreign representative or an- trary, the debtor’s registered office, or habit- cluding a criminal action or proceeding, other person, including an examiner, des- ual residence in the case of an individual, is under this section. ignated by the court, provided that the court presumed to be the center of the debtor’s ‘‘(e) The standards, procedures, and limita- is satisfied that the interests of creditors in main interests. tions applicable to an injunction shall apply the United States are sufficiently protected. ‘‘§ 617. Order recognizing a foreign proceed- to relief under this section. ‘‘(c) In granting relief under this section to ing ‘‘§ 620. Effects of recognition of a foreign a representative of a foreign nonmain pro- ‘‘(a) Subject to section 606, an order rec- main proceeding ceeding, the court must be satisfied that the ognizing a foreign proceeding shall be en- ‘‘(a) Upon recognition of a foreign proceed- relief relates to assets that, under the law of tered if— ing that is a foreign main proceeding— the United States, should be administered in S10134 CONGRESSIONAL RECORD — SENATE September 9, 1998 the foreign nonmain proceeding or concerns ‘‘(2) communication of information by any a petition for recognition, of a foreign information required in that proceeding. means considered appropriate by the court; nonmain proceeding, any relief in effect ‘‘(d) The court may not enjoin a police or ‘‘(3) coordination of the administration and under section 619 or 621 shall be reviewed by regulatory act of a governmental unit, in- supervision of the debtor’s assets and affairs; the court and shall be modified or termi- cluding a criminal action or proceeding, ‘‘(4) approval or implementation of agree- nated if inconsistent with the foreign main under this section. ments concerning the coordination of pro- proceeding. ‘‘§ 622. Protection of creditors and other in- ceedings; and ‘‘(3) If, after recognition of a foreign terested persons ‘‘(5) coordination of concurrent proceed- nonmain proceeding, another foreign ‘‘(a) In granting or denying relief under ings regarding the same debtor. nonmain proceeding is recognized, the court section 619 or 621, or in modifying or termi- ‘‘SUBCHAPTER V—CONCURRENT shall grant, modify, or terminate relief for nating relief under subsection (c) of this sec- PROCEEDINGS the purpose of facilitating coordination of tion, the court must find that the interests ‘‘§ 628. Commencement of a case under this the proceedings. of the creditors and other interested persons title after recognition of a foreign main ‘‘§ 631. Presumption of insolvency based on or entities, including the debtor, are suffi- proceeding recognition of a foreign main proceeding ciently protected. ‘‘After recognition of a foreign main pro- ‘‘In the absence of evidence to the con- ‘‘(b) The court may subject relief granted ceeding, a case under another chapter of this trary, recognition of a foreign main proceed- under section 619 or 621 to conditions it con- title may be commenced only if the debtor ing is for the purpose of commencing a pro- siders appropriate. has assets in the United States. The effects ceeding under section 303, proof that the ‘‘(c) The court may, at the request of the of that case shall be restricted to the assets debtor is generally not paying its debts. foreign representative or an entity affected of the debtor that are within the territorial by relief granted under section 619 or 621, or ‘‘§ 632. Rule of payment in concurrent pro- jurisdiction of the United States and, to the at its own motion, modify or terminate such ceedings extent necessary to implement cooperation relief. ‘‘Without prejudice to secured claims or and coordination under sections 625, 626, and ‘‘§ 623. Actions to avoid acts detrimental to rights in rem, a creditor who has received 627, to other assets of the debtor that are payment with respect to its claim in a for- creditors within the jurisdiction of the court under ‘‘(a) Upon recognition of a foreign proceed- eign proceeding pursuant to a law relating to sections 541(a) and 1334(e), to the extent that insolvency may not receive a payment for ing, the foreign representative has standing such other assets are not subject to the juris- in a pending case under another chapter of the same claim in a case under any other diction and control of a foreign proceeding chapter of this title regarding the debtor, so this title to initiate actions under sections that has been recognized under this chapter. 522, 544, 545, 547, 548, 550, and 724(a). long as the payment to other creditors of the ‘‘§ 629. Coordination of a case under this title ‘‘(b) When the foreign proceeding is a for- same class is proportionately less than the and a foreign proceeding eign nonmain proceeding, the court must be payment the creditor has already received.’’. satisfied that an action under subsection (a) ‘‘Where a foreign proceeding and a case (b) CLERICAL AMENDMENT.—The table of of this section relates to assets that, under under another chapter of this title are tak- chapters for title 11, United States Code, is United States law, should be administered in ing place concurrently regarding the same amended by inserting after the item relating the foreign nonmain proceeding. debtor, the court shall seek cooperation and to chapter 5 the following: coordination under sections 625, 626, and 627, ‘‘§ 624. Intervention by a foreign representa- ‘‘6. Ancillary and Other Cross-Border and the following shall apply: tive Cases ...... 601’’. ‘‘(1) When the case in the United States is ‘‘Upon recognition of a foreign proceeding, SEC. 502. AMENDMENTS TO OTHER CHAPTERS IN taking place at the time the petition for rec- TITLE 11, UNITED STATES CODE. the foreign representative may intervene in ognition of the foreign proceeding is filed— (a) APPLICABILITY OF CHAPTERS.—Section any proceedings in a State or Federal court ‘‘(A) any relief granted under sections 619 in the United States in which the debtor is a 103 of title 11, United States Code, is amend- or 621 must be consistent with the case in ed— party. the United States; and ‘‘SUBCHAPTER IV—COOPERATION WITH (1) in subsection (a), by inserting before ‘‘(B) even if the foreign proceeding is rec- the period the following: ‘‘and this chapter, FOREIGN COURTS AND FOREIGN REP- ognized as a foreign main proceeding, section RESENTATIVES sections 307, 555 through 557, 559, and 560 620 does not apply. apply in a case under chapter 6’’; and ‘‘§ 625. Cooperation and direct communica- ‘‘(2) When a case in the United States (2) by adding at the end the following: tion between the court and foreign courts under this title commences after recogni- ‘‘(j) Chapter 6 applies only in a case under or foreign representatives tion, or after the filing of the petition for that chapter, except that section 605 applies ‘‘(a) In all matters included within section recognition, of the foreign proceeding— to trustees and to any other entity des- 601, the court shall cooperate to the maxi- ‘‘(A) any relief in effect under sections 619 ignated by the court, including an examiner, mum extent possible with foreign courts or or 621 shall be reviewed by the court and under chapters 7, 11, and 12, to debtors in foreign representatives, either directly or shall be modified or terminated if inconsist- possession under chapters 11 and 12, and to through the trustee. ent with the case in the United States; and debtors or trustees under chapters 9 and 13 ‘‘(b) The court is entitled to communicate ‘‘(B) if the foreign proceeding is a foreign who are authorized to act under section directly with, or to request information or main proceeding, the stay and suspension re- 605.’’. assistance directly from, foreign courts or ferred to in section 620(a) shall be modified (b) DEFINITIONS.—Section 101 of title 11, foreign representatives, subject to the rights or terminated if inconsistent with the case United States Code, is amended by striking of parties in interest to notice and participa- in the United States. paragraphs (23) and (24) and inserting the fol- tion. ‘‘(3) In granting, extending, or modifying lowing: ‘‘§ 626. Cooperation and direct communica- relief granted to a representative of a foreign ‘‘(23) ‘foreign proceeding’ means a collection between the trustee and foreign courts nonmain proceeding, the court must be satis- tive judicial or administrative proceeding in or foreign representatives fied that the relief relates to assets that, a foreign state, including an interim pro- ‘‘(a) In all matters included in section 601, under the law of the United States, should be ceeding, pursuant to a law relating to insol- the trustee or other person, including an ex- administered in the foreign nonmain pro- vency in which proceeding the assets and af- aminer, designated by the court, shall, sub- ceeding or concerns information required in fairs of the debtor are subject to control or ject to the supervision of the court, cooper- that proceeding. supervision by a foreign court, for the pur- ate to the maximum extent possible with ‘‘(4) In achieving cooperation and coordina- pose of reorganization or liquidation; foreign courts or foreign representatives. tion under sections 628 and 629, the court ‘‘(24) ‘foreign representative’ means a per- ‘‘(b) The trustee or other person, including may grant any of the relief authorized under son or body, including 1 appointed on an in- an examiner, designated by the court is enti- section 305. terim basis, authorized in a foreign proceed- tled, subject to the supervision of the court, ‘‘§ 630. Coordination of more than 1 foreign ing to administer the reorganization or the to communicate directly with foreign courts proceeding liquidation of the debtor’s assets or affairs or or foreign representatives. ‘‘In matters referred to in section 601, with to act as a representative of the foreign pro- ‘‘(c) Section 1104(d) shall apply to the ap- respect to more than one foreign proceeding ceeding;’’. pointment of an examiner under this chap- regarding the debtor, the court shall seek co- (c) AMENDMENTS TO TITLE 28, UNITED ter. Any examiner shall comply with the operation and coordination under sections STATES CODE.— qualification requirements imposed on a 625, 626, and 627, and the following shall (1) PROCEDURES.—Section 157(b)(2) of title trustee by section 322(a). apply: 28, United States Code, is amended— ‘‘§ 627. Forms of cooperation ‘‘(1) Any relief granted under section 619 or (A) in subparagraph (N), by striking ‘‘and’’ ‘‘Cooperation referred to in sections 625 621 to a representative of a foreign nonmain at the end; and 626 may be implemented by any appro- proceeding after recognition of a foreign (B) in subparagraph (O), by striking the pe- priate means, including— main proceeding must be consistent with the riod at the end and inserting ‘‘; and’’; and ‘‘(1) appointment of a person or body, in- foreign main proceeding. (C) by adding at the end the following: cluding an examiner, to act at the direction ‘‘(2) If a foreign main proceeding is recog- ‘‘(P) recognition of foreign proceedings and of the court; nized after recognition, or after the filing of other matters under chapter 6.’’. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10135

(2) BANKRUPTCY CASES AND PROCEEDINGS.— SEC. 604. REPEAL OF SUNSET PROVISION. ‘‘(i) property; or Section 1334(c) of title 28, United States Section 302 of the Bankruptcy Judges, ‘‘(ii) an interest in property;’’; Code, is amended by striking ‘‘Nothing in’’ United States Trustees, and Family Farmer (7) in each of paragraphs (1) through (35), in and inserting ‘‘Except with respect to a case Bankruptcy Act of 1986 (28 U.S.C. 581 note) is each of paragraphs (36) and (37), and in each under chapter 6 of title 11, nothing in’’. amended by striking subsection (f). of paragraphs (40) through (56A) (including (3) DUTIES OF TRUSTEES.—Section 586(a)(3) SEC. 605. CASES ANCILLARY TO FOREIGN PRO- paragraph (54), as amended by paragraph (6) of title 28, United States Code, is amended by CEEDINGS. of this section), by striking the semicolon at inserting ‘‘6,’’ after ‘‘chapter’’. Section 304 of title 11, United States Code, the end and inserting a period; and TITLE VI—MISCELLANEOUS as amended by section 410 of this Act, is (8) by redesignating paragraphs (4) through amended by adding at the end the following: SEC. 601. EXECUTORY CONTRACTS AND UNEX- (56A) in entirely numerical sequence, so as to PIRED LEASES. ‘‘(e)(1) In this subsection— result in numerical paragraph designations Section 365(d)(4) of title 11, United States ‘‘(A) the term ‘domestic insurance com- of (4) through (77), respectively. Code, is amended to read as follows: pany’ means a domestic insurance company, SEC. 702. ADJUSTMENT OF DOLLAR AMOUNTS. ‘‘(4)(A) Subject to subparagraph (B), in any as that term is used in section 109(b)(2); Section 104 of title 11, United States Code, case under any chapter of this title, an unex- ‘‘(B) the term ‘foreign insurance company’ is amended by inserting ‘‘522(f)(3), 707(b)(5),’’ pired lease of nonresidential real property means a foreign insurance company, as that after ‘‘522(d),’’ each place it appears. term is used in section 109(b)(3); under which the debtor is the lessee shall be SEC. 703. EXTENSION OF TIME. ‘‘(C) the term ‘United States claimant’ deemed rejected and the trustee shall imme- Section 108(c)(2) of title 11, United States means a beneficiary of any deposit referred diately surrender that nonresidential real Code, is amended by striking ‘‘922’’ and all to in paragraph (2)(A) or any multibene- property to the lessor if the trustee does not that follows through ‘‘or’’, and inserting ficiary trust referred to in subparagraph (B) assume or reject the unexpired lease by the ‘‘922, 1201, or’’. earlier of— or (C) of paragraph (2); SEC. 704. WHO MAY BE A DEBTOR. ‘‘(i) the date that is 120 days after the date ‘‘(D) the term ‘United States creditor’ Section 109(b)(2) of title 11, United States of the order for relief; or means, with respect to a foreign insurance Code, is amended by striking ‘‘subsection (c) ‘‘(ii) the date of the entry of an order con- company— or (d) of’’. firming a plan. ‘‘(i) a United States claimant; or ‘‘(B) The court may extend the period de- ‘‘(ii) any business entity that operates in SEC. 705. PENALTY FOR PERSONS WHO NEG- termined under subparagraph (A) only upon the United States and that is a creditor; and LIGENTLY OR FRAUDULENTLY PRE- PARE BANKRUPTCY PETITIONS. a motion of the lessor.’’. ‘‘(E) the term ‘United States policyholder’ Section 110(j)(3) of title 11, United States means a holder of an insurance policy issued SEC. 602. EXPEDITED APPEALS OF BANKRUPTCY Code, is amended by striking ‘‘attorney’s’’ CASES TO COURTS OF APPEALS. in the United States. and inserting ‘‘attorneys’ ’’. (a) IN GENERAL.—Section 158 of title 28, ‘‘(2) Notwithstanding subsections (b) and United States Code, is amended— (c), the court may not grant relief under sub- SEC. 706. LIMITATION ON COMPENSATION OF (1) by redesignating subsection (d) as subsection (b) to a foreign insurance company PROFESSIONAL PERSONS. section (e); that is not engaged in the business of insur- Section 328(a) of title 11, United States (2) by inserting after subsection (c) the fol- ance or reinsurance in the United States Code, is amended by inserting ‘‘on a fixed or lowing new subsection: with respect to any claim made by a United percentage fee basis,’’ after ‘‘hourly basis,’’. ‘‘(d)(1) Any final judgment, decision, order, States creditor against— SEC. 707. SPECIAL TAX PROVISIONS. or decree of a bankruptcy judge entered for ‘‘(A) a deposit required by an applicable Section 346(g)(1)(C) of title 11, United a case in accordance with section 157 may be State insurance law; States Code, is amended by striking ‘‘, ex- appealed by any party in such case to the ap- ‘‘(B) a multibeneficiary trust required by cept’’ and all that follows through ‘‘1986’’. propriate court of appeals if— an applicable State insurance law to protect SEC. 708. EFFECT OF CONVERSION. ‘‘(A) an appeal from such judgment, deci- United States policyholders or claimants Section 348(f)(2) of title 11, United States sion, order, or decree is first filed with the against a foreign insurance company; or Code, is amended by inserting ‘‘of the es- appropriate district court of the United ‘‘(C) a multibeneficiary trust authorized tate’’ after ‘‘property’’ the first place it ap- States; and under an applicable State insurance law to pears. ‘‘(B) the decision on the appeal described allow a domestic insurance company that SEC. 709. AUTOMATIC STAY. under subparagraph (A) is not filed by a dis- cedes reinsurance to the debtor to reflect the Section 362(b) of title 11, United States trict court judge within 30 days after the reinsurance as an asset or deduction from li- Code, as amended by section 326 of this Act, date such appeal is filed with the district ability in the ceding insurer’s financial is amended— court. statements.’’. (1) in paragraph (21), by striking ‘‘or’’ at ‘‘(2) On the date that an appeal is filed SEC. 606. LIMITATION. the end; with a court of appeals under paragraph (1), Section 546(c)(1)(B) of title 11, United (2) in paragraph (22), by striking the period the chief judge for such court of appeals States Code, is amended by striking ‘‘20’’ and at the end and inserting a semicolon; and shall issue an order to the clerk for the dis- inserting ‘‘45’’. (3) by inserting after paragraph (22) the fol- trict court from which the appeal is filed. TITLE VII—TECHNICAL CORRECTIONS lowing: Such order shall direct the clerk to enter the ‘‘(23) under subsection (a) of this section of final judgment, decision, order, or decree of SEC. 701. DEFINITIONS. Section 101 of title 11, United States Code, any transfer that is not avoidable under sec- the bankruptcy judge as the final judgment, tion 544 and that is not avoidable under sec- decision, order, or decree of the district as amended by section 317, is amended— (1) by striking ‘‘In this title—’’ and insert- tion 549; court.’’; and ‘‘(24) under subsection (a)(3) of this section, (3) in subsection (e), (as redesignated by ing ‘‘In this title:’’; (2) in each paragraph, by inserting ‘‘The of the continuation of any eviction, unlawful paragraph (1) of this section) by striking detainer action, or similar proceeding by a ‘‘subsections (a) and (b)’’ and inserting ‘‘sub- term’’ after the paragraph designation; (3) in paragraph (35)(B), by striking ‘‘para- lessor against a debtor involving residential sections (a), (b), and (d)’’. real property in which the debtor resides as (b) TECHNICAL AND CONFORMING AMEND- graphs (21B) and (33)(A)’’ and inserting a tenant under a rental agreement; or MENTS.— ‘‘paragraphs (23) and (35)’’; ‘‘(25) under subsection (a)(3) of this section, (1) Section 305(c) of title 11, United States (4) in each of paragraphs (35A) and (38), by of the commencement of any eviction, un- Code, is amended by striking ‘‘section 158(d)’’ striking ‘‘; and’’ at the end and inserting a lawful detainer action, or similar proceeding and inserting ‘‘section 158(e)’’. period; by a lessor against a debtor involving resi- (2) Section 1334(d) of title 28, United States (5) in paragraph (51B)— dential real property in which the debtor re- Code, is amended by striking ‘‘section 158(d)’’ (A) by inserting ‘‘who is not a family farm- sides as a tenant under a rental agreement and inserting ‘‘section 158(e)’’. er’’ after ‘‘debtor’’ the first place it appears; that has terminated.’’. (3) Section 1452(b) of title 28, United States and Code, is amended by striking ‘‘section 158(d)’’ (B) by striking ‘‘thereto having aggregate’’ SEC. 710. AMENDMENT TO TABLE OF SECTIONS. and inserting ‘‘section 158(e)’’. and all that follows through the end of the The table of sections for chapter 5 of title 11, United States Code, is amended by strik- SEC. 603. CREDITORS AND EQUITY SECURITY paragraph; HOLDERS COMMITTEES. (6) by amending paragraph (54) to read as ing the item relating to section 556 and in- Section 1102(a)(2) of title 11, United States follows: serting the following: Code, is amended by inserting before the ‘‘(54) The term ‘transfer’ means— ‘‘556. Contractual right to liquidate a com- first sentence the following: ‘‘On its own mo- ‘‘(A) the creation of a lien; modities contract or forward tion or on request of a party in interest, and ‘‘(B) the retention of title as a security in- contract.’’. after notice and hearing, the court may terest; SEC. 711. ALLOWANCE OF ADMINISTRATIVE EX- order a change in the membership of a com- ‘‘(C) the foreclosure of a debtor’s equity of PENSES. mittee appointed under this subsection, if redemption; or Section 503(b)(4) of title 11, United States the court determines that the change is nec- ‘‘(D) each mode, direct or indirect, abso- Code, is amended by inserting ‘‘subparagraph essary to ensure adequate representation of lute or conditional, voluntary or involun- (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph creditors or equity security holders.’’. tary, of disposing of or parting with— (3)’’. S10136 CONGRESSIONAL RECORD — SENATE September 9, 1998 SEC. 712. PRIORITIES. SEC. 719. POSTPETITION TRANSACTIONS. (A) by inserting ‘‘(1) the term’’ before Section 507(a) of title 11, United States Section 549(c) of title 11, United States ‘‘ ‘bankruptcy’’; and Code, as amended by section 323 of this Act, Code, is amended— (B) by striking the period at the end and is amended— (1) by inserting ‘‘an interest in’’ after inserting ‘‘; and’’; and (1) in paragraph (3)(B), by striking the ‘‘transfer of’’; (2) in the second undesignated paragraph— semicolon at the end and inserting a period; (2) by striking ‘‘such property’’ and insert- (A) by inserting ‘‘(2) the term’’ before and ing ‘‘such real property’’; and ‘‘ ‘document’’; and (2) in paragraph (7), by inserting ‘‘unse- (3) by striking ‘‘the interest’’ and inserting (B) by striking ‘‘this title’’ and inserting cured’’ after ‘‘allowed’’. ‘‘such interest’’. ‘‘title 11’’. SEC. 713. EXEMPTIONS. SEC. 720. TECHNICAL AMENDMENT. SEC. 730. EFFECTIVE DATE; APPLICATION OF Section 522 of title 11, United States Code, Section 552(b)(1) of title 11, United States AMENDMENTS. as amended by section 320 of this Act, is Code, is amended by striking ‘‘product’’ each (a) EFFECTIVE DATE.—Except as provided in amended— place it appears and inserting ‘‘products’’. subsection (b), this title and the amend- (1) in subsection (f)(1)(A)(ii)(II)— SEC. 721. DISPOSITION OF PROPERTY OF THE ES- ments made by this title shall take effect on (A) by striking ‘‘includes a liability des- TATE. the date of enactment of this Act. ignated as’’ and inserting ‘‘is for a liability Section 726(b) of title 11, United States (b) APPLICATION OF AMENDMENTS.—The that is designated as, and is actually in the Code, is amended by striking ‘‘1009,’’. amendments made by this title shall apply nature of,’’; and SEC. 722. GENERAL PROVISIONS. only with respect to cases commenced under (B) by striking ‘‘, unless’’ and all that fol- Section 901(a) of title 11, United States title 11, United States Code, on or after the lows through ‘‘support’’; and Code, as amended by section 408, is amended date of enactment of this Act. (2) in subsection (g)(2), by striking ‘‘sub- by inserting ‘‘1123(d),’’ after ‘‘1123(b),’’. f section (f)(2)’’ and inserting ‘‘subsection SEC. 723. APPOINTMENT OF ELECTED TRUSTEE. (f)(1)(B)’’. NOTICES OF HEARINGS Section 1104(b) of title 11, United States SEC. 714. EXCEPTIONS TO DISCHARGE. Code, is amended— COMMITTEE ON ENERGY AND NATURAL Section 523 of title 11, United States Code, (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and RESOURCES is amended— (2) by adding at the end the following: (1) in subsection (a)(3), by striking ‘‘or (6)’’ Mr. MURKOWSKI. Mr. President, I ‘‘(2)(A) If an eligible, disinterested trustee would like to announce for the infor- each place it appears and inserting ‘‘(6), or is elected at a meeting of creditors under (15)’’; mation of the Senate and the public paragraph (1), the United States trustee that a full committee hearing has been (2) as amended by section 304(e) of Public shall file a report certifying that election. Law 103–394 (108 Stat. 4133), in paragraph (15), Upon the filing of a report under the preced- scheduled before the Committee on En- by transferring such paragraph so as to in- ing sentence— ergy and Natural Resources. sert it after paragraph (14) of subsection (a); ‘‘(i) the trustee elected under paragraph (1) The hearing will take place on Thurs- (3) in subsection (a)(9), by inserting shall be considered to have been selected and day, September 17, 1998, at 9:30 a.m. in ‘‘, watercraft, or aircraft’’ after ‘‘motor ve- appointed for purposes of this section; and hicle’’; room SD–366 of the Dirksen Senate Of- ‘‘(ii) the service of any trustee appointed fice Building in Washington, DC. (4) in subsection (a)(15), as so redesignated under subsection (d) shall terminate. by paragraph (2) of this subsection, by in- The purpose of this hearing is to con- ‘‘(B) In the case of any dispute arising out sider the nominations of Gregory H. serting ‘‘to a spouse, former spouse, or child of an election under subparagraph (A), the of the debtor and’’ after ‘‘(15)’’; court shall resolve the dispute.’’. Friedman to be Inspector General of (5) in subsection (a)(17)— SEC. 724. ABANDONMENT OF RAILROAD LINE. the Department of Energy; Charles G. (A) by striking ‘‘by a court’’ and inserting Section 1170(e)(1) of title 11, United States Groat to be Director of the United ‘‘on a prisoner by any court’’; Code, is amended by striking ‘‘section 11347’’ States Geological Survey, Department (B) by striking ‘‘section 1915 (b) or (f)’’ and and inserting ‘‘section 11326(a)’’. inserting ‘‘subsection (b) or (f)(2) of section of the Interior; and to consider any 1915’’; and SEC. 725. CONTENTS OF PLAN. other pending nominations which are (C) by inserting ‘‘(or a similar non-Federal Section 1172(c)(1) of title 11, United States ready for consideration before the law)’’ after ‘‘title 28’’ each place it appears; Code, is amended by striking ‘‘section 11347’’ Committee. and and inserting ‘‘section 11326(a)’’. For further information, please con- (6) in subsection (e), by striking ‘‘a in- SEC. 726. DISCHARGE UNDER CHAPTER 12. tact Gary Ellsworth of the committee sured’’ and inserting ‘‘an insured’’. Subsections (a) and (c) of section 1228 of staff at (202) 224–7141. SEC. 715. EFFECT OF DISCHARGE. title 11, United States Code, are amended by COMMITTEE ON ENERGY AND NATURAL Section 524(a)(3) of title 11, United States striking ‘‘1222(b)(10)’’ each place it appears RESOURCES Code, is amended by striking ‘‘section 523’’ and inserting ‘‘1222(b)(9)’’. and all that follows through ‘‘or that’’ and SEC. 727. EXTENSIONS. Mr. MURKOWSKI. Mr. President, I inserting ‘‘section 523, 1228(a)(1), or 1328(a)(1) Section 302(d)(3) of the Bankruptcy, would like to announce that an over- of this title, or that’’. Judges, United States Trustees, and Family sight hearing has been scheduled before SEC. 716. PROTECTION AGAINST DISCRIMINA- Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 the Committee on Energy and Natural TORY TREATMENT. note) is amended— Resources. The purpose of this hearing Section 525(c) of title 11, United States (1) in subparagraph (A), in the matter fol- is to receive testimony on the recent Code, is amended— lowing clause (ii), by striking ‘‘or October 1, midwest electricity price spikes. (1) in paragraph (1), by inserting ‘‘student’’ 2002, whichever occurs first’’; and The hearing will take place on Thurs- before ‘‘grant’’ the second place it appears; (2) in subparagraph (F)— and (A) in clause (i)— day, September 24, 1998, at 10:00 A.M. in (2) in paragraph (2), by striking ‘‘the pro- (i) in subclause (II), by striking ‘‘or Octo- room SD–366 of the Dirksen Senate Of- gram operated under part B, D, or E of’’ and ber 1, 2002, whichever occurs first’’; and fice Building in Washington, D.C. inserting ‘‘any program operated under’’. (ii) in the matter following subclause (II), Those who wish to testify or submit SEC. 717. PROPERTY OF THE ESTATE. by striking ‘‘October 1, 2003, or’’; and a written statement should write to Section 541(b)(4)(B)(ii) of title 11, United (B) in clause (ii), in the matter following the Committee on Energy and Natural States Code, is amended by inserting ‘‘365 subclause (II)— Resources, U.S. Senate, Washington, or’’ before ‘‘542’’. (i) by striking ‘‘before October 1, 2003, or’’; DC 20510. For further information, and SEC. 718. PREFERENCES. please call Julie McCaul or Howard Section 547 of title 11, United States Code, (ii) by striking ‘‘, whichever occurs first’’. is amended— SEC. 728. BANKRUPTCY CASES AND PROCEED- Useem at (202) 224–7875. (1) in subsection (b), by striking ‘‘sub- INGS. f Section 1334(d) of title 28, United States section (c)’’ and inserting ‘‘subsections (c) AUTHORITY FOR COMMITTEES TO and (h)’’; and Code, is amended— (2) by adding at the end the following: (1) by striking ‘‘made under this sub- MEET ‘‘(h) If the trustee avoids under subsection section’’ and inserting ‘‘made under sub- COMMITTEE ON COMMERCE, SCIENCE, AND (b) a security interest given between 90 days section (c)’’; and TRANSPORTATION (2) by striking ‘‘This subsection’’ and in- and 1 year before the date of the filing of the Mr. MCCONNELL. Mr. President, I serting ‘‘Subsection (c) and this subsection’’. petition, by the debtor to an entity that is ask unanimous consent that the Sen- not an insider for the benefit of a creditor SEC. 729. KNOWING DISREGARD OF BANKRUPTCY that is an insider, such security interest LAW OR RULE. ate Committee on Commerce, Science, shall be considered to be avoided under this Section 156(a) of title 18, United States and Transportation be authorized to section only with respect to the creditor Code, is amended— meet on Wednesday, September 9, 1998, that is an insider.’’. (1) in the first undesignated paragraph— at 9:30 a.m. on auto choice. September 9, 1998 CONGRESSIONAL RECORD — SENATE S10137 The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS as both environmental and business objection, it is so ordered. groups. The $3 million for land acquisition COMMITTEE ON GOVERNMENTAL AFFAIRS ENVIRONMENTAL RESTORATION contained in this bill will help buy par- Mr. MCCONNELL. Mr. President, I AT LAKE TAHOE cels like the Wells property, an 18.5 ask unanimous consent on behalf of the ∑ Mrs. FEINSTEIN. Mr. President, I acre site adjacent to a County park Governmental Affairs Committee to rise today to convey my strong support that includes some of the few remain- meet on Wednesday, September 9, 1998, for the $3,000,000 this bill contains for ing wetlands surrounding Lake Tahoe, at 10:00 a.m. for a hearing on the In- land acquisition at Lake Tahoe. This as well as a stretch of Burke Creek spector General Act of 1978 on its 20th funding is crucial if we are to control that provides a vital wildlife corridor. Anniversary. the erosion problem that is robbing If the Forest Service is not able to buy The PRESIDING OFFICER. Without Lake Tahoe of its striking water clar- this property, it may end up being de- objection, it is so ordered. ity. veloped into 50 condominium units. Lake Tahoe is the crown jewel of the Land acquisition funds may also be COMMITTEE ON THE JUDICIARY Sierra Nevada. The clarity of its blue used for a phased-in purchase of High Mr. MCCONNELL. Mr. President, I waters, and the beauty of its surround- Meadows, a 2300-acre parcel that re- ask unanimous consent that the Com- ing forests and high mountains, in- mains the largest private inholding in mittee on the Judiciary be authorized spired Mark Twain to call it ‘‘the fair- the Lake Tahoe Basin. The meadows to meet during the session of the Sen- est view the whole earth affords.’’ include the headwaters for Cold Creek, ate on Wednesday, September 9, 1998, Mark Twain would still recognize the one of Lake Tahoe’s most sensitive wa- at 2:00 p.m. in room 226 of the Senate Lake Tahoe Basin today, but it is no tersheds. Protecting the property could Dirksen Office Building to hold a hear- longer a pristine wilderness surround- dramatically reduce the amount of ing on: ‘‘Judicial Nominations.’’ ing a perfectly clear lake. Today Lake sediment and debris that flows cur- The PRESIDING OFFICER. Without Tahoe is a year-round recreational rently flow into Lake Tahoe from Cold objection, it is so ordered. mecca, drawing millions annually to Creek. its ski slopes, hiking trails, and crystal I commend the Committee for includ- COMMITTEE ON LABOR AND HUMAN RESOURCES clear waters. Lake Tahoe is a major ing these land acquisition funds for Mr. MCCONNELL. Mr. President, I economic force in both California and Lake Tahoe in this bill. I am dis- ask unanimous consent that the Com- Nevada, contributing $1.6 billion annu- appointed that the House did not in- mittee on Labor and Human Resources ally to the economy from tourism clude any funds in its version of the be authorized to meet in executive ses- alone. bill. I intend to urge the Senate con- sion during the session of the Senate The environment and the economy ferees on this legislation to protect the on Wednesday, September 9, 1998, at are inextricably linked at Lake Tahoe. full $3 million in conference. 9:30 a.m. The famous azure lake and its sur- Unfortunately, this $3 million barely rounding pristine forests are the pri- scratches the surface of what is needed The PRESIDING OFFICER. Without mary reasons that people visit the re- to restore the environment at Lake objection, it is so ordered. gion. Protecting environmental quality Tahoe. The region’s environmental SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT at Lake Tahoe is key to preserving the problems extend well beyond its fa- AND THE COURTS economy of the Sierra region. mous azure lake. Insect infestations have killed over Mr. MCCONNELL. Mr. President, I Scientists agree that the Lake is in ask unanimous consent that the Sub- the midst of an environmental crisis. 25 percent of the trees in the forests committee on Administrative Over- Lake Tahoe is one of the largest, deep- surrounding Lake Tahoe, creating a se- sight and the Courts, of the Senate Ju- est, and clearest lakes in the world, but vere risk of catastrophic wildfire that diciary Committee, be authorized to that remarkable clarity is disappearing could destroy communities and have a meet during the session of the Senate at the rate of over a foot a year. devastating impact on water quality at on Wednesday, September 9, 1998, at In the 1960s, you could drop a white the Lake. The millions of cars that 10:00 a.m. to hold a hearing in room 226, plate into Lake Tahoe and watch it fall visit the Lake Tahoe Basin each year Senate Dirksen Building, on ‘‘Impeach- 105 feet before it disappeared. Now you worsen erosion problems from roads ment or Indictment: Is a Sitting Presi- can watch the same plate fall only 70 and produce nitrogen that ends up feed- dent Subject to the Compulsory Crimi- feet. As the Lake’s water clarity de- ing algae in the Lake. The Federally-chartered Tahoe Re- nal Process?’’ creases, algae is taking over. In 10 years, the effects could be irreversible. gional Planning Agency estimates that The PRESIDING OFFICER. Without Why the troubling decline? The an- preserving the Lake’s water quality, objection, it is so ordered. swers are quite simple: air pollution restoring its fragile forest ecosystem, SUBCOMMITTEE ON NEAR EASTERN AND SOUTH and erosion. Algae is fed by nitrogen, a and establishing a public transpor- ASIAN AFFAIRS key component in car exhaust, and tation system that would reduce air phosphorous, a key component of run- pollution and road run-off could cost Mr. MCCONNELL. Mr. President, I off that flows into Lake Tahoe from $900 million in Federal, State, local, ask unanimous consent that the Sub- streams, paved roads, old logging and private funds. committee on Near Eastern and South roads, golf courses, and even private The Federal government, through the Asian Affairs of the Committee on For- homes. United States Forest Service, owns eign Relations be authorized to meet Lake Tahoe was once ringed by wet- nearly 80 percent of the land in the during the session of the Senate on lands that filtered out most of this Lake Tahoe Basin. Therefore, we have Wednesday, September 9, 1998, at 2:00 harmful sediment and debris. But most a unique responsibility for protecting p.m. to hold a hearing. of the wetlands have been filled in to Lake Tahoe. Two important Federal The PRESIDING OFFICER. Without provide more lakefront property. The reports that are currently pending will objection, it is so ordered. lake’s clarity continues to deteriorate. help determine what steps the Forest SELECT COMMITTEE ON INTELLIGENCE For nearly 20 years, the Forest Serv- Service must take to stop the environ- ice has been slowing this deterioration mental decline at the Lake. Mr. MCCONNELL. Mr. President, I by acquiring environmentally sensitive One report is the Watershed Assess- ask unanimous consent that the Select land at Lake Tahoe—land especially ment, a study being conducted by an Committee on Intelligence be author- prone to the erosion that is slowly independent team of scientists, that ized to meet during the session of the strangling the Lake—and protecting it will create a model of Lake Tahoe’s Senate on Wednesday, September 9, from development. Since 1980, the For- ecosystem to help us determine the im- 1998, at 2:30 p.m. to hold a closed hear- est Service has purchased 11,000 acres pact of proposed environmental res- ing on intelligence matters. at Lake Tahoe. This acquisition pro- toration projects. Lake Tahoe is so The PRESIDING OFFICER. Without gram has the wholehearted support of fragile that we need to be sure pre- objection, it is so ordered. Lake Tahoe’s elected officials, as well scribed burning to reduce the risk of S10138 CONGRESSIONAL RECORD — SENATE September 9, 1998 catastrophic fire at one end of the lake OUR LADY QUEEN OF ALL SAINTS ard that we set for our nation’s univer- does not cause too much erosion or air 40TH ANNIVERSARY sities. Through hard work and dedica- pollution in another part of the Lake. ∑ Mr. ABRAHAM. Mr. President, I rise tion, the faculty have illustrated their The Watershed Assessment will provide today to honor a special church in Fra- commitment to building the leaders of the Forest Service with the tools to ser, Michigan. Our Lady Queen of All tomorrow, and their success over the make those tough judgment calls. Saints Parish celebrated its 40th Anni- past 75 years serve as an inspiration to The other Federal effort underway is versary on August 23, 1998. all educators. an interagency review of the Environ- Since its beginning, Our Lady Queen I am proud to recognize Rowan Uni- mental Improvement Program, a list of of All Saints Parish has been selflessly versity on its anniversary, and I look more than 500 environmental improve- forward to another 75 years of quality ment projects that the Tahoe Regional dedicated to serving God and the Fra- ser community. The members of the education from this institution.∑ Planning Agency proposes to imple- f ment at Lake Tahoe. The Environ- Parish demonstrate their commitment mental Improvement Program has the to their faith through providing valu- TRIBUTE TO THE COVENANT full support of Lake Tahoe’s local gov- able human services to those in need. HOUSE ON ITS 25TH ANNIVERSARY They have done so under the guidance ernments, business leaders, and envi- ∑ Mr. BOND. Mr. President, I rise and leadership of Our Lady Queen of ronmental groups. Now the Federal today to pay tribute to the Covenant All Saints’ founding father Reverend government is assessing which of the House in St. Louis, Missouri on its 25th Father Joseph J. Szmaszek and former environmental projects on this list Anniversary. Over the years, Covenant pastors Monsignor Ferdinand J. should have high priority for Federal House has been an important and inte- DeCneudt, Father J. Michael McGough funding, and whether new programs are gral part of the low-moderate income and Father Arthur W. Fauser. The par- needed to provide that funding. housing community for the elderly. ish continues this service under the I plan to act upon the results of these The Anniversary celebration will take present pastor, Father Ronald J. studies as soon as they are complete in place on September 13, with special Babich. It is my great pleasure to rec- December 1998. I am hoping to offer honorees Harvey and Wilma Gerstein. ognize the contributions these men legislation in the next session that The Gersteins have dedicated a great have made to the parish, ensuring its would authorize a new Federal initia- deal of their lives to the development prosperity and longevity. tive, led by the U.S. Forest Service, to of quality housing for the elderly. Har- I want to express my congratulations address Lake Tahoe’s erosion and for- vey was the first-ever President of the and best wishes to all of the clergy and est health problems. I am working with Covenant House and still serves on the members of Our Lady Queen of All a bi-partisan group of Tahoe’s business, Board of Directors. Wilma is a member Saints parish. May they enjoy contin- environmental, and community leaders of the Board and serves as Chair of the ued success. to develop a proposal, and I hope that ∑ Volunteer Committee. the Forest Service will become an ac- f Covenant House is publicly financed tive player in the process as well. and has 434 units of housing to serve its 75TH ANNIVERSARY OF ROWAN In 1997, President Clinton and Vice 484 elderly residents. With the continu- President GORE visited Lake Tahoe. I UNIVERSITY ing need for more establishments like attended the Forum they sponsored, as ∑ Mr. TORRICELLI. Mr. President, I the Covenant House, they founded the did Senators BOXER, REID and BRYAN. rise today to recognize Rowan Univer- Community Aging Corporation. This We applauded the President as he an- sity as it celebrates its 75th Anniver- Corporation provides a variety of social nounced an ambitious Tahoe initiative sary. This year marks the 75th year services to guarantee safety for the el- that included $50 million over two that Rowan will provide quality edu- derly in an independent setting. years for land acquisition, prescribed cation to residents in New Jersey and It is a great privilege to honor this burning, watershed restoration, public across the country. It is a pleasure for high caliber living community and its transportation, upgrades to wastewater me to be able to recognize this impor- special honorees. Dedication to one’s pipelines, erosion control, and sci- tant milestone. community has become an increasingly entific research at the Lake. Rowan provides an exceptional envi- Unfortunately, since then, Lake rare quality in our society. The St. ronment for achievement and fulfill- Louis community is lucky to have such Tahoe seems to have dropped off the ment through rigorous academic train- Administration’s radar screen. The Ad- a facility and I want to express my sin- ing and vigorous personal interaction ministration never even fulfilled the cere appreciation to everyone who among the members of its diverse $50 million in commitments the Presi- makes the Covenant House excel.∑ learning community. As a regional dent made at Tahoe, let alone extend f public university committed to teach- those commitments to fiscal year 1999. ing, Rowan combines liberal education TRIBUTE TO HERBERT MABRY, In his 1999 budget request, President THE 1998 RICHARD B. RUSSELL Clinton did not make any specific re- with professional preparation and offers programs from the undergraduate PUBLIC SERVICE AWARD RECIPI- quests for Tahoe, and the Forest Serv- ENT ice will be lucky if they receive $5 mil- through doctoral levels. Rowan Univer- lion from the Administration next year sity seeks to achieve knowledge ∑ Mr. CLELAND. Mr. President, I rise for forest health and erosion control through ambition, responsibility today to honor the 1998 Richard B. Rus- projects. through service, and character through sell Public Service Award recipient, Forest Service officials at Lake challenge. The University is a con- Herbert Mabry of Sandy Springs, Geor- Tahoe are doing a heroic job of reduc- stantly expanding resource for the gia. ing fire risk in the forest while simul- State of New Jersey, developing as a Herb is a man who truly defines pub- taneously protecting Lake Tahoe’s community of learners with a curricu- lic service. Over the years, he has been water quality. They need more re- lum that integrates professional and actively involved in serving the people sources if they are going to reverse de- liberal education. Rowan has succeeded in many capacities, including his own clining environmental quality at the in developing values, shaping char- campaign for public office. Lake and its surrounding forests. acter, and enhancing the capacity for a The Richard B. Russell Award is Time is running out for Lake Tahoe. fulfilling and socially responsible life given each year to an individual who If we do not act quickly with a full among its graduates. Rowan University truly ‘‘raises the bar’’ for us all and commitment of Federal resources, the alumni are well prepared to assume po- goes the extra mile for his or her com- crown jewel of the Sierra could become sitions of leadership within their community and state. The honor is be- permanently tarnished. I urge my col- munities and professional fields. stowed upon an individual who works leagues in the Senate to join me in pre- Rowan University has become an ex- tirelessly to promote the ideals of the serving this national treasure for gen- traordinary comprehensive institution State of Georgia and who strengthens erations to come. Let’s look at this $3 that has improved the quality of life and shapes our State for the future. million for land acquisition as a down for the citizens of New Jersey, and it Senator Russell understood that public payment, not the last word.∑ has long been an example of the stand- service and political involvement is a September 9, 1998 CONGRESSIONAL RECORD — SENATE S10139 tool of citizenship, and this year’s hon- serving of the Citizen of the Year the issues this year. We made signifi- oree is a man who believes that being award being given to him by the Pon- cant progress in resolving a host of an active public servant defines citi- tiac Historical and Genealogical Soci- thorny questions. The Resource Con- zenship. ety. It is with great pleasure that I ex- servation and Recovery Act has signifi- Herb has been the President of the tend my congratulations to Mr. John cantly reduced the generation of haz- Georgia State AFL–CIO since 1972, and A. Riley on this special occasion.∑ ardous waste, and prevented new gen- has truly defined and shaped the labor f erations of Superfund toxic waste sites. movement throughout Georgia during I am optimistic that we can resume REFORMING THE RESOURCE CON- the past several decades. He is also this process next year and achieve re- SERVATION AND RECOVERY ACT very involved in other organizations sponsible reforms at that time. I pledge including the Georgia Labor Commit- ∑ Mr. LAUTENBERG. Mr. President, myself to these efforts.∑ tee, the Georgia Trade Union Council late last week the Majority Leader in- f for Histradut, the AFL–CIO Appalach- dicated that the Senate would be unable to complete efforts this year to re- TRIBUTE TO BERTIE SWEENEY ian Council, the Georgia Democratic GAMMELL PARISH Party and the Fulton County Person- form the Resource Conservation and nel Board. He has been a member of Recovery Act as it pertains to remedi- ∑ Mr. SHELBY. Mr. President, I rise Carpenter’s Local Union #225 since 1950 ation waste. For many months, Sen- today to pay tribute to my friend ators LOTT, CHAFEE, SMITH, BAUCUS, and served as its President for the past Bertie Sweeney Gammell Parish, a life- BREAUX and I have worked on ‘‘rifle- 25 years. He also serves as the Presi- long resident of Clayton, Alabama, shot’’ legislation in this area. I regret dent of the Southeastern Regional hardworking wife and mother, dedi- that we were unable to bring these ne- Council of Carpenters. cated member of the community, news- gotiations to a successful conclusion. Herb Mabry is a native of Fulton paper professional, and an inspiration However, I believe that we made a lot County, Georgia. He and his wife Col- to all who knew her. Bertie passed of progress in narrowing differences leen have six children and 11 grand- away at her home on Wednesday, Au- and developing a bill that could have children. gust 26, 1998. improved the RCRA hazardous waste Mr. President, I ask that you join me Born on June 4, 1915 in Dothan, Ala- cleanup program through a series of re- and our colleagues in honoring Herbert bama, Bertie was the daughter of Wil- sponsible reforms. Our work provides a Mabry’s innumerable contributions and liam Lee and Pearle Ennis Gammell. solid foundation upon which to build in From her earliest beginnings, Bertie unselfish and inspiring hard work and the next Congress. was an active member of the Clayton dedication to the State of Georgia and Mr. President, last fall, in October, United Methodist Church where she our Nation. Herb personifies the defini- the GAO issued a report recommending combined her love of music with her tion of a true and loyal American and targeted reforms which, in conjunction service to God as organist and choir di- sets the standard for all citizens to live with adequate resources for state and rector for almost 50 years. Bertie held by. ∑ federal agencies, could have resulted in a bachelor’s degree in music from Ala- f substantial savings in cleanup costs; bama College, teaching music briefly PONTIAC AREA HISTORICAL AND encouraged treatment remedies; and at Montgomery County High School GENEALOGICAL SOCIETY CITI- sparked brownfields cleanup and rede- and later in Clayton. ZEN OF THE YEAR velopment efforts. As Chairman of the A former member of the Eufaula Subcommittee in the Senate with ju- Music Guild, Bertie was a Paul Harris ∑ Mr. ABRAHAM. Mr. President, I rise risdiction over these issues for many fellow of the Rotary Foundation of Ro- today to recognize the Pontiac Area years, and more recently as Ranking tary International—-an award pre- Historical and Genealogical Society’s Democratic Member, one of my prior- sented by the Clayton Rotary Club, a Citizen of the Year, Mr. John A. Riley ities has been to encourage such ef- lifetime member of the Alabama Fed- of Pontiac, Michigan. forts, and to return these contami- eration of Garden Clubs and a member Mr. Riley, born December 8, 1912 has nated parcels to valuable uses. I be- of the Clayton Garden Club. been chosen as the Citizen of the Year lieve such reforms can yield substan- In addition to the many awards and on the basis that he has given tremen- tial national economic and environ- community service position she held, dously of his time and resources to mental benefits while protecting Bertie is probably best known as the many causes. His professional career human health and the environment. editor and publisher of The Clayton consisted of 40 years of service to the Such reforms would especially benefit Record—-a post she assumed in 1960 Pontiac Daily Press as vice-president my state of New Jersey, which is one of after the deaths of her father and later of marketing. Additionally, Riley has the five states with the largest volume her mother—-both held the position in served voluntarily in many positions. of remediation waste. consecutive terms before her. She He was a member of the Pontiac Osteo- For these reasons, I was pleased that passed this torch to her daughter Re- pathic Hospital Board for 36 years, Senators LOTT, CHAFEE and SMITH in- becca Parish Beasley who holds the po- president of the Pontiac J.C.s, presi- vited Senator BAUCUS and me to join in sition today. The Clayton RECORD is dent of the Pontiac Chamber of Com- developing a targeted consensus reform one of only a few remaining family- merce, member of the Boys Club and a package. We spent many hours at this owned and operated newspapers. 50 year member of the Kiwanis Club of effort and we reached agreement in a Bertie’s column ‘‘One Comment,’’ Pontiac. number of areas. I regret that we did which appeared on the front page of Currently, Mr. Riley sits on the com- not come to final closure on this legis- The Clayton RECORD, was a favorite of mittees for the Key Club for Pontiac lation. I want to thank my colleagues subscribers. From her astute observa- High Schools and the Terrific Kids Pro- and the Administration for the consid- tions on everything from politics to gram. He also serves as Chairman of erable efforts they all made in thought- gardening, Bertie thrilled, inspired and the Board for the General Hospital Au- fully resolving many of the com- delighted her readers, including local thority, First Chairman of the Eco- plicated issues in this debate. I want to gardeners who hoped to receive men- nomic Development Commission for also thank Senator BREAUX, who has tion in one of her columns. the City of Pontiac. He was instrumen- been instrumental in championing re- Bertie was well known not only in tal in the raising of the funds to build form in this area. Finally, I want to Clayton, but across Alabama. She re- the Pontiac Silverdome. In addition, thank the many and varied stakehold- ceived many awards and kudos from John Riley is a man of strong faith as ers—representatives from industry, en- colleagues in the news business includ- reflected in his service to All Saints vironmental organizations, as well as ing a listing in Who’s Who of American Episcopal Church where he is Senior state and local agencies and commu- Women, and the News Media Service to Warden for the Vestry. nity groups—that provided us with in- Education Award. She was also a Mr. Riley’s accomplishments are nu- estimable assistance in understanding staunch preservationist who worked merous. It is clear to see that he com- this highly complex statute. diligently to preserve history and local mits himself selflessly and completely Mr. President, I regret that we did historic structures in and around Clay- to many causes. He is undoubtedly de- not have the chance to resolve all of ton. S10140 CONGRESSIONAL RECORD — SENATE September 9, 1998 Despite a demanding schedule, Bertie minster, but rather in Northern Ireland ture attacks, and that the British Par- never forgot what matters most: fam- itself. The British Parliament must liament plans to take a hard look at ily and friends. She is survived by her still draft and adopt legislation that ways to improve security. husband Thomas William Parish, Sr.— will transfer the necessary powers to I am pleased that President Clinton -to whom she would have been married the Assembly that will make that body visited Northern Ireland, and the town for 59 years on August 30, 1998; three truly independent from Westminster, of Omagh, last week and met with children: Dr. Thomas William Parish, and I hope this will be done at the ear- some of the victims of the attack in Jr., of Geneva, Joseph Edward Parish, liest possible time. Omagh and their families, as he did Sr., of Clayton; and Rebecca Parish This brief but promising time of last Thursday. The United States has Beasley of Clayton; six grandchildren: peace and cooperation was shattered on invested much in the long and some- Joseph Edward Parish, Jr. of Montgom- July 5, 1998, during the annual and times harrowing journey toward a last- ery; Lucile Martin Parish of Columbus, often contentious ‘‘Marching Season,’’ ing peace in Northern Ireland, and we Georgia; Edna Elane Parish Gulledge of during which time it is common for must remain engaged there and con- Virginia Beach, Virginia; Thomas Protestant groups to conduct sectarian tinue to offer our encouragement and Frank Kelly, Jr., of Montgomery; Re- marches throughout Northern Ireland. friendship to the people of Northern becca Parish Kelly of Clayton; and Tensions rose as many would-be Ireland. While tremendous progress has Thomas William Parish, III, of Geneva; marchers resisted a Parades Commis- been made in the last year, there is three great-grandchildren; other rel- sion decision to reroute a march still much work to be done as the peo- atives and friends too numerous to through a Catholic neighborhood in ple of Northern Ireland strive to live mention. Drumcree planned by a Protestant and govern together in peace.∑ I will miss Bertie. She was a good group to commemorate the Battle of f friend for many years. My heart goes the Boyne, a 1690 skirmish in which the CBO COST ESTIMATE—S. 2375 out to her family as they remember her Protestant King William III of Orange love, her many accomplishments, and defeated the Catholic King James II. ∑ Mr. D’AMATO. Mr. President, I ask the important role she set for them and The ensuing riots and violence cul- that the Congressional Budget Office for others in and around Clayton, Ala- minated in a firebombing on July 11 in Cost Estimate for S. 2375 the ‘‘Inter- bama. My prayers are with you.∑ Ballymoney that left three young national Anti-Bribery Act of 1998’’ be f Catholic brothers dead. Both the printed in the RECORD. Protestant and Catholic communities The cost estimate follows: THE PROGRESS OF PEACE IN denounced this attack, which has been CONGRESSIONAL BUDGET OFFICE COST NORTHERN IRELAND attributed to a loyalist paramilitary ESTIMATE ∑ Mr. FEINGOLD. Mr. President, I group. INTERNATIONAL ANTI-BRIBERY ACT OF 1998 would like to reflect for a moment on This senseless attack was particu- CBO estimates that implementing this leg- recent events in Northern Ireland, larly ironic because it appears that the islation would not result in any significant highlighted by the President’s trip cost to the federal government. Because en- house of the three young victims was actment of the bill could affect direct spend- there last week. As every member of targeted because their family was ing and receipts, pay-as-you-go procedures this body knows, the violent political mixed—part Catholic and part Protes- would apply. However, CBO estimates that and religious conflict in Northern Ire- tant. any impact on direct spending and receipts land has claimed the lives of more than Violence ripped through Northern would not be significant. 3,200 people since 1969. In April of this Ireland again one month later, on Au- CBO has determined that this legislation is year, after many failed attempts at a gust 11, when a car bomb exploded in a excluded from the application of the Un- political solution to this violence, a busy marketplace in the town of funded Mandates Reform Act (UMRA) under section 4 of that act, because it would amend settlement was announced that was Omagh. Twenty-eight people, including the Foreign Corrupt Practices Act (FCPA) in deemed acceptable to all sides of this an elderly woman, her pregnant daugh- ways that are necessary to implement the conflict. The so-called Good Friday ter, and her young granddaughter, were Organization for Economic Cooperation and peace agreement is an historic achieve- killed, and more than 200 were injured. Development Convention on Combating ment in the struggle for peace in It is ironic that the most horrible act Bribery of Foreign Public Officials in Inter- Northern Ireland. It seemed that fi- of violence to occur in the last 30 years national Business Transactions. Section 4 of nally, peace had won out over war and in a country that has suffered so much UMRA excludes from the application of that intolerance, and that the children of throughout its tumultuous history oc- act any legislative provisions that are necessary for the ratification or implementa- Northern Ireland, both Protestant and curred just as the people of Northern tion of international treaty obligations. Catholic, would finally be able to move Ireland finally embarked on the road to The bill would expand the FCPA to cover hand-in-hand toward a shared future. peace. additional offenses relating to corporate As a member of the Senate Commit- Reports indicate that a warning was bribery of foreign officials. As a result, the tee on Foreign Relations, I have close- issued to police prior to the bombing, federal government would be able to pursue ly monitored that Northern Ireland but that the terrorists gave false infor- cases that it otherwise would not be able to peace process, and I welcomed this mation which lead police to move prosecute. CBO expects that the government peace agreement, which was expertly those in the marketplace to the site probably would not pursue many such cases, however, so we estimate that any increase in brokered by our former colleague, and where the bomb was located, thereby federal costs for law enforcement, court pro- the former Majority Leader of this increasing the number of casualties. ceedings, or prison operations would not be body, Senator George Mitchell. A fringe group which calls itself the significant. Any such additional costs would In a May 22, 1998, referendum, a con- ‘‘Real IRA’’ has claimed responsibility be subject to the availability of appropriated vincing majority of the people of for this monstrous attack. This group, funds. Northern Ireland and the Irish Repub- and one other anti-British fringe Because those prosecuted and convicted lic embraced this peace plan. On June group, have since announced cease- under the bill could be subject to civil and 25, 1998, the people of Northern Ireland fires. It is my strong hope that those criminal fines, the federal government might collect additional fines (which are cat- went to the polls and elected represent- responsible for this cowardly act will egorized as governmental receipts) if the bill atives from Protestant, Catholic, and be identified and prosecuted for their is enacted. However, CBO expects that any non-sectarian parties to sit in the crimes. additional fines would be negligible because newly created Assembly, which will Recently, British Prime Minister of the small number of cases involved. Col- gradually assume rule of Northern Ire- Tony Blair and Irish Prime Minister lections of criminal fines are deposited in land from Great Britain. Bertie Ahern recommitted themselves the Crime Victims Fund and spent in the fol- This election was perhaps one of the to the success of the Northern Ireland lowing year. Because any increase in direct most historic aspects of the Northern peace agreement and vowed that this spending would equal the fines collected Ireland peace agreement. For the first attack would not destroy the progress with a one-year lag, the additional direct spending from the Crime Victims Fund also time, the people of Northern Ireland of the last several months. They also would be negligible. elected representatives for an Assem- announced new security measures that The CBO staff contact for this estimate is bly that will not be located in West- will be put in place to help prevent fu- Mark Grabowicz, who can be reached at 226– September 9, 1998 CONGRESSIONAL RECORD — SENATE S10141 2860. This estimate was approved by Paul N. will be remembered fondly by the lit- erts, Bob Smith, Paul Coverdell, Craig Van de Water, Assistant Director for Budget erally thousands of men and women to Thomas, James Jeffords, Jeff Sessions, Analysis.∑ whom she provided comfort and assist- Rick Santorum, Mitch McConnell, f ance in overcoming the adversities of Chuck Hagel. Mr. LOTT. For the information of all TRIBUTE TO ELIZABETH SNYDER alcoholism and substance abuse. In 1994, she received the prestigious Senators, this cloture vote will occur ∑ Mrs. FEINSTEIN. Mr. President, I CORO Public Affairs Award in recogni- on Friday, 1 hour after the Senate con- rise today to honor Elizabeth Snyder, a tion of her lifelong commitment to the venes, unless changed by unanimous longtime civic leader who helped pave reform of the American system of gov- consent. I am making an effort to the way for women to assume positions ernment in which she so deeply be- make sure that we have some votes on of leadership in California. She died in lieved. As Elizabeth herself once wrote, Friday, but as is usually the case, we Los Angeles on August 26, 1998. In the last analysis, the most signifi- would do our best to accommodate Elizabeth first came to national at- cant single political activity is not Members and have the votes before tention in 1954, when she was elected winning elections and defeating oppo- noon on Friday so we could have clo- Chair of the California Democratic nents, it is improving, expanding and ture vote on this bill, possibly on bank- Party, becoming the first woman in the correcting government structure, so ruptcy reform, but I am still hoping we United States to be elected chair of a that democracy works. can work that out. major political party in any state. In a On behalf of my colleagues in the I now ask that the mandatory career that spanned more than half a Senate, I extend my heartfelt condo- quorum under rule XXII be waived. century, Elizabeth worked prominently lences to her husband, Nathan, and her The PRESIDING OFFICER. Without in the California presidential cam- daughter, United States District objection, it is so ordered. paigns of Harry Truman, Adlai Ste- Judge, Christina A. Snyder.∑ Mr. LOTT. I now withdraw the mo- venson, and Lyndon Johnson and tion. served as the California Co-Chair of f The PRESIDING OFFICER. The mo- President Jimmy Carter’s 1976 Presi- MEASURE READ THE FIRST tion is withdrawn. dential campaign. TIME—S. 2454 Mr. LOTT. I yield the floor. Born on April 8, 1914, in Minnesota of Mr. DASCHLE. Mr. President, I immigrant parents, Elizabeth and her Mr. LOTT. I understand that S. 2454, think that a short explanation may be family moved to San Diego in the early which was introduced earlier by Sen- in order with regard to the objection I 1920s. Following the collapse of her fa- ator MCCONNELL and others, is at the just made to the motion that has just ther’s business at the outset of the desk, and I ask it be read for the first been filed by the majority leader. Great Depression, Elizabeth, her moth- time. Obviously, there are varied opinions er and two brothers relocated to East The PRESIDING OFFICER. The about the nature of this legislation and Los Angeles where life was, in her clerk will report. its propriety and how we might pursue words, ‘‘lean, precarious and hard.’’ The assistant legislative clerk read some resolution to the issue of individ- Elizabeth graduated with honors from as follows: uals transported from one State to an- Garfield High School in 1931. She stud- A bill (S. 2454) to provide for competition other. I think the fundamental ques- ied at Los Angeles City College and between forms of motor vehicle insurance, to tion, once more, is simply procedural. graduated as a political science major permit an owner of a motor vehicle to choose the most appropriate form of insurance for Can we find a way to take into account from the University of California at that person, to guarantee affordable pre- legitimate concerns that should be Los Angeles in 1933. She went on to be- miums, to provide for more adequate and raised under a debate of this nature? I come one of the first two doctoral can- timely compensation for accident victims, believe that there are many relevant didates in UCLA’s political science de- and for other purposes. amendments that will be declared non- partment. Mr. LOTT. I ask now for its second germane but that are certainly rel- After World War II, Elizabeth became reading, and would object to my own evant to this very complex question. involved in the first of many Congres- request. If a cloture motion on the bill were sional campaigns on behalf of her life- The PRESIDING OFFICER. The ob- to be successful, it would preclude long friend and mentor, Congressman jection is heard. The bill will be read those amendments. It is for that reason Chet Holifield. In 1959, she co-founded the second time on the next legislative that I objected. one of California’s first political cam- day. It is also worth noting that we are paign management firms, Snyder- f being asked to proceed to yet another Smith. Although she remained com- bill that has had little debate at the mitted to what she believed were the CHILD CUSTODY PROTECTION same time we are being told that there true ideals and principles of the Demo- ACT—MOTION TO PROCEED is not enough time left in the session cratic Party, Elizabeth never hesitated Mr. LOTT. I ask unanimous consent to debate HMO reform. That causes me in non-partisan races to support Re- that the Senate now turn to consider- concern as well. publicans whom she believed to be best ation of S. 1645, the child custody bill. Perhaps we could explore the possi- qualified to serve in office. Mr. DASCHLE. I object. bility of coming up with a definitive None of her political activities was The PRESIDING OFFICER. The ob- list on this legislation as we are at- more important to Elizabeth than her jection is heard. tempting to do on bankruptcy. I don’t lifelong effort to bring about greater know. But I do know this, that filing participation by women in the political CLOTURE MOTION cloture prior to the time we had a de- arena. During the 1970s, Elizabeth de- Mr. LOTT. In light of the objection, I bate, filing cloture prior to the time we voted herself to the mentoring of Los move to proceed to S. 1645, and send a have even considered whether that op- Angeles women in politics, holding cloture motion to the desk. tion is available to us, in my view, is weekly luncheon meetings of The The PRESIDING OFFICER. The premature, and for that reason I had to Thursday Group at her Bunker Hill clerk will report. object. apartment. The assistant legislative clerk read I yield the floor. Her dedication to improving our soci- as follows: Mr. LOTT. Mr. President, could I just ety extended beyond the realm of poli- CLOTURE MOTION inquire of Senator DASCHLE, the Demo- tics. She was especially proud of her We the undersigned Senators, in accord- cratic leader, is there some Senator work on the prevention of fetal alcohol ance with the provision of rule XXII of the that I should get Senator ABRAHAM to syndrome which culminated in ordi- Standing Rules of the Senate, do hereby contact about this particular bill, or nances requiring the restaurants and move to bring to a close debate on the mo- just talk through you? tion to proceed to S. 1645, the Child Custody bars to post warnings to women regard- Protection Act: Mr. DASCHLE. There are a number ing the dangers of alcohol consumption Trent Lott, Orrin Hatch, Spencer Abra- of Senators, and I will certainly pro- during pregnancy. In addition to all ham, Charles Grassley, Slade Gorton, vide the Senator with the information. her varied civic activities, Elizabeth Judd Gregg, Wayne Allard, Pat Rob- I wouldn’t want to preclude somebody S10142 CONGRESSIONAL RECORD — SENATE September 9, 1998 by simply giving him a name off the business, the Senate will resume the bankruptcy. These are all important, cuff, but there are some Senators that McCain amendment with the time but we need to get more focused on In- will address this issue, and I am willing until 12:00 noon equally divided for de- terior appropriations tomorrow after- to share that with you. bate. At noon, Senator FEINGOLD will noon and tomorrow night. Mr. LOTT. Or if you ask them if they be recognized to offer a motion to table would get in touch with us tomorrow, the McCain amendment. If the amend- f maybe we can work something out. ment is not tabled, the debate time f will continue equally divided until 1:45 ADJOURNMENT UNTIL 9:30 A.M. p.m. At that time, a cloture vote will TOMORROW ORDERS FOR THURSDAY, occur on the McCain campaign finance Mr. LOTT. If there is no further busi- SEPTEMBER 10, 1998 amendment. ness to come before the Senate, I now Mr. LOTT. Mr. President, I ask unan- Following that vote, assuming clo- ask unanimous consent the Senate imous consent that when the Senate ture is not invoked, there will be a stand in adjournment under the pre- completes its business today, it stand brief period of morning business, and vious order. in adjournment until 9:30 a.m. on then the Senate will continue offering There being no objection, the Senate, Thursday, September 10. I further ask and debating amendments to the Inte- at 7:38 p.m., adjourned until Thursday, that when it reconvenes on Thursday, rior bill. Therefore, Senators should ex- September 10, 1998, at 9:30 a.m. immediately following the prayer, the pect rollcall votes throughout Thurs- routine requests through the morning day afternoon and into the night, with f hour be granted, and Senator the first vote, of course, occurring at BROWNBACK then be recognized to 12:00 noon on Thursday. NOMINATIONS speak in morning business until 10 a.m. I really hope that we can make some Executive nominations received by The PRESIDING OFFICER. Without progress on the Interior appropriations the Senate September 9, 1998: objection, it is so ordered. bill. If Senators have amendments they DEPARTMENT OF STATE Mr. LOTT. I further ask unanimous would like to offer, I urge them to come to the floor on Thursday after- DAVID G. CARPENTER, OF VIRGINIA, TO BE AN ASSIST- consent following the cloture vote on ANT SECRETARY OF STATE, VICE ERIC JAMES BOSWELL, the McCain amendment, Senator noon and Thursday night and we could RESIGNED, TO WHICH POSITION HE WAS APPOINTED possibly even carry over a vote or two DURING THE LAST RECESS OF THE SENATE. GRAHAM of Florida be recognized to DAVID G. CARPENTER, OF VIRGINIA, TO BE DIRECTOR speak for up to 1 hour as if in morning until Friday and have a sequence of OF THE OFFICE OF FOREIGN MISSIONS, AND TO HAVE stacked votes. Of course, that will de- THE RANK OF AMBASSADOR DURING HIS TENURE OF business. SERVICE, VICE ERIC JAMES BOSWELL, TO WHICH POSI- The PRESIDING OFFICER. Without pend on what we are able to get done TION HE WAS APPOINTED DURING THE LAST RECESS OF Thursday afternoon and Friday morn- THE SENATE. objection, it is so ordered. WILLIAM LACY SWING, OF NORTH CAROLINA, A CA- f ing. This is an important bill. There REER MEMBER OF THE SENIOR FOREIGN SERVICE, are some important amendments that CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- PROGRAM TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED need to be debated and voted on. I hope STATES OF AMERICA TO THE DEMOCRATIC REPUBLIC OF Mr. LOTT. For the information of all we can get started. THE CONGO, TO WHICH POSITION HE WAS APPOINTED Senators, when the Senate reconvenes Unfortunately, it has kind of been DURING THE LAST RECESS OF THE SENATE. THE JUDICIARY on Thursday, Senator BROWNBACK will sandwiched between campaign finance be recognized to speak in morning busi- reform amendments and cloture votes MARGARET B. SEYMOUR, OF SOUTH CAROLINA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ness until 10 a.m. Following morning on national missile defense and also SOUTH CAROLINA, VICE WILLIAM B TRAXLER, JR. September 9, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1653 EXTENSIONS OF REMARKS

NATIONAL COMMISSION ON other countries, terrorism has become an they are currently hiding in Libya and that na- TERRORISM awful fact of life. A recent study in the Journal tion is refusing to hand them over to authori- of Counterterrorism and Security International ties. HON. FRANK R. WOLF of all fatalities in international terrorist inci- More recently came the car bomb explosion OF VIRGINIA dents in 1993±96 showed that three-quarters in the parking lot of the Office of Program IN THE HOUSE OF REPRESENTATIVES of the deaths from those attacks could be laid Manager/Saudi Arabian National Guard in Ri- at the feet of the militant, fundamentalist yadh, Saudi Arabia, in November 1995, which Wednesday, September 9, 1998 groups. killed seven people and wounded 42 others. Mr. WOLF. Mr. Speaker, today, I am intro- In my travels to many of these countries, I Seven months later in that country, a fuel ducing legislation which will establish a na- have seen firsthand the destruction that terror- truck carrying a bomb exploded outside the tional commission on terrorism. This will be a ism has inflicted on many innocent people. I U.S. military's Khobar Towers housing facility bipartisan, national panel of experts with di- visited Sudan on three different occasions, in Dharan, killing 19 U.S. military personnel verse skills and outlooksÐhighly respected and saw the great instability that terrorist ele- and wounding 515 persons, including 240 U.S. people from across the political spectrum. The ments bring to a country when they are al- personnel. commission would be accountable to the lowed to flourish. Over the July 1998 congres- Unidentified gunmen shot to death four U.S. President, to Congress, and to the American sional recess, I visited Algeria, where 70,000 auditors from Union Texas Petroleum and people. people have been killed by terrorists. I saw the their Pakistani driver in Karachi, Pakistan, in The purpose of the commission would be to fear and the sorrow that grips the people there November 1997. Now we are facing the latest take a close look at the problem of terrorism, as they have lost countless friends and loved terrorist incident of the bombing of two Amer- including Middle Eastern-related terrorism, to ones in the violence in that nation. When I vis- ican embassies in East Africa. But over these study its origins and develop effective counter- ited Lebanon after the horrible bombing in Bei- last 15 years, there have been many other ter- measures and make recommendations to re- rut in 1983, I saw the Marine barracks that rorist attacks and American blood has been shape our traditional policy on combating ter- had been destroyed. On October 23, 1983, shed both at home and abroad. rorism. A number of person could be consid- massive vehicle bombs devastated the head- U.S. government agencies and private orga- ered as possible commissioners, and I've list- quarters of the U.S. Marine contingent, killing nizations have done valuable work to unearth ed a few suggestions for starters on the en- 241 U.S. Marines. the perpetrators of these crimes. Unfortu- closed list. After my recent trip to Algeria and with this nately, the potential for both an increased The proposed bipartisan national commis- latest attack on the embassies in East Africa, number of terrorist acts and for acts that can sion will consist of 15 distinguished members, I am convinced that it is time to reevaluate result in massive numbers of casualties is five each appointed by the President, and by American counterterrorist strategy. I say this great and is growing. the Speaker of the House and the Majority not to be critical of what has already been America, and the world, must be prepared Leader of the Senate in consultation with the done or of current efforts. Much is being ac- for new and more deadly kinds of terrorismÐ Minority Leaders of the House and Senate. I complished by the intelligence community in nuclear, chemical, or biological weapons of believe that President George H.W. Bush, who this regard. They are doing a great job and mass destruction. The danger is growing as is not only a former president and vice presi- are to be complimented. Still, terrorism is weapons of mass destruction become more dent, but also a former director of the CIA, growing. accessible. would be an ideal chairman for the commis- Until now, we have been fortunate not to ex- The world watched in horror in March 1995, sion. The commissioners will include three perience the full brunt of many terrorist attacks when the news came that members of a small Members of Congress and three Senators. on our home soil. According to a recent article religious sect had set off a nerve gas called The commission will have a duration of six in the Economist, investigators of the 1993 sarin in the Tokyo subway. The incident killed months and will be given every means to deal World Trade Center bombing concluded that 12 people and injured several thousand, but it quickly with this national problem, including those plotting the incident intended to cause was actually, like the World Trade Center, a access to classified information, travel funds to one tower to topple onto the other and to kill botched job. When they investigated later, po- engage in on-the-spot investigations, and ac- up to 250,000 people. Fortunately, the attack lice found enough sarin in the sect's posses- companying congressional hearings. was not as successful as planned. sion to kill millions of people. A few weeks ago, 267 people lost their lives Some regions of the world are much more It is imperative that the United States as- and more than 5,000 people were injured in dangerous than others. Since 1983, more sess the most effective ways of combating ter- the bombings of two U.S. embassies in East Americans have been killed by attacks per- rorism and that policymakers have the full Africa. Twelve of those who died were Ameri- petrated by terrorists either based in or con- spectrum of options at their disposal. This is cans. nected to the Middle East than any other re- what the National Commission on Terrorism On August 20, President Clinton announced gion of the world. In fact, the largest number will do. And it must do so quickly. The Amer- that the U.S. had determined a multimillionaire of American lives lost to politically motivated ican people deserve to be fully informed on militant and terrorist kingpin, Osama Bin violence since the end of the Vietnam War this issue in the face of a powerful and vicious Ladin, was responsible for the attack. Amer- has been connected to Middle Eastern terror- adversary. ican forces bombed secret compounds and fa- ism. ADDENDUM cilities linked to Bin Ladin in Afghanistan and A number of incidents have not yet been NATIONAL COMMISSION ON TERRORISM Sudan that same day. While this response fully resolved. In some cases, the perpetrators Robert Abrams, former attorney general, was proper and necessary, I believe we need remain unknown. In other cases, the perpetra- New York State; Fouad Ajami, professor at to take another look at our nation's overall pol- tors are known but have not yet been held ac- the School of Advanced International Stud- icy on terrorism. Bin Ladin is certainly not our countable for their actions, or have taken ref- ies Johns Hopkins University; Ed Badaloto, only worry. Unfortunately, there are other uge in other countries. chairman of the International Association of groups are also known to be active in the area Outstanding incidents are many. One of the Counterterrorism Professionals; Lawrence of terrorism. most deadly years for terrorist violence was Barcella, former federal prosecutor; Paul As the world's leader, America and its peo- 1983, with bombing of the Beirut embassy in Bremer, former head of counter-terrorism, ple are natural terrorist targets. Our military, April and the Marine barracks in October. Five Department of State; John Deutch, former director of the CIA; David Gavigan, assistant industrial and commercial presence around years later, Pan Am Flight 103 was destroyed adjutant general, Massachusetts Army Na- the globe attracts frustration from many terror- in flight over Scotland by a bomb, killing 259 tional Guard; Robin Higgins, Marine colonel; ist groups. persons on board, including 189 Americans, David Kay, Director of SAIC’s Center of But the problem is not limited to America and 11 others on the ground. Experts say that Counter-terrorism; and Jeane Kirkpatrick, alone. In Israel, Algeria, Egypt, and many although the culprits have been pinpointed, former ambassador to the United Nations.

∑ 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. E1654 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 Andrew McCarthy, former chief prosecu- States. At a minimum, the assessment 8344 of 8468 of title 5, United States Code, by tor, World Trade Center bombing; Riad should include a review of the following: reason of membership on the commission Nachef, head of the Association of Islamic (A) Evidence that terrorist organizations shall not be subject to the provisions of such Charitable Projects; Raphael Perl, Congres- have established an infrastructure in the section with respect to membership on the sional Research Service; Richard Perle, western hemisphere for the support and con- commission. former assistant secretary of defense; Daniel duct of terrorist activities. (B) A member of the commission who is a Pipes, director of the Middle East Forum; (B) Executive branch efforts to coordinate member or former member of a uniformed Steven Pomerantz, former assistant director counterterrorism activities among Federal, service shall not be subject to the provisions of the FBI for counter-terrorism; George State, and local agencies and with other na- of subsections (b) and (c) of section 5532 of Shultz, former secretary of state; Glenn tions to determine the effectiveness of such such title with respect to membership on the Schweizer, National Science Foundation; coordination efforts. commission. William Webster, former director of the FBI (C) Executive branch efforts to prevent the (e) STAFF AND ADMINISTRATIVE SUPPORT.— and CIA; Phil Wilcox, former coordinator for use of nuclear, biological, and chemical (1) The chairman of the commission may, counterterrorism at the State Department; weapons by terrorists. without regard to civil service laws and reg- and Jim Woosley, former director of the CIA. (3) Recommend changes to ulations, appoint and terminate an executive (Note: This addendum is provided to illus- counterterrorism policy in preventing and director and up to 3 additional staff members trate the types of people who could serve on punishing international terrorism directed as necessary to enable the commission to the commission and is by no means all-inclu- toward the United States. perform its duties. The chairman of the com- sive. There are many more individuals who (b) REPORT.—Not later than 6 months after mission may fix the compensation of the ex- are fully qualified to be on this commission.) the date on which the Commission first ecutive director and other personnel without meets, the Commission shall submit to the regard to the provisions of chapter 51, and H.R. — President and the Congress a final report of subchapter III of chapter 53, of title 5, United the findings and conclusions of the commis- States Code, relating to classification of po- Be it enacted by the Senate and House of Rep- sion, together with any recommendations. sitions and General Schedule pay rates, ex- resentatives of the United States of America in cept that the rate of pay may not exceed the Congress assembled, SEC. 3. ADMINISTRATIVE MATTERS. (a) MEETINGS.— maximum rate of pay for GS–15 under the SECTION 1. ESTABLISHMENT AND COMPOSITION General Schedule. OF THE COMMISSION. (1) The commission shall hold its first meeting on a date designated by the Speaker (2) Upon the request of the chairman of the (a) ESTABLISHMENT.—There is established a commission, the head of any department or national commission on terrorism to review of the House which is not later than 30 days after the date on which all members have agency of the Federal Government may de- counter-terrorism policies regarding the pre- tail, without reimbursement, any personnel vention and punishment of international been appointed. (2) After the first meeting, the commission of the department or agency to the commis- acts of terrorism directed at the United sion to assist in carrying out its duties. The States. The commission shall be known as shall meet upon the call of the chairman. (3) A majority of the members of the com- detail of an employee shall be without inter- ‘‘The National Commission on Terrorism’’. ruption or loss of civil service status or (b) COMPOSITION.—The commission shall be mission shall constitute a quorum, but a privilege. composed of 15 members appointed as fol- lesser number may hold meetings. lows: (b) AUTHORITY OF INDIVIDUALS TO ACT FOR SEC. 4. TERMINATION OF COMMISSION. (1) Five members shall be appointed by the COMMISSION.—Any member or agent of the The commission shall terminate 30 days President from among officers or employees commission may, if authorized by the com- after the date on which the commission sub- of the executive branch, private citizens of mission, take any action which the commis- mits a final report. the United States, or both. Not more than 3 sion is authorized to take under this Act. SEC. 5. FUNDING. members selected by the President shall be (c) POWERS.— There are authorized to be appropriated members of the same political party. (1) The commission may hold such hear- such sums as may be necessary to carry out (2) Five members shall be appointed by the ings, sit and act at such times and places, the provisions of this Act. take such testimony, and receive such evi- Majority Leader of the Senate, in consulta- f tion with the Minority Leader of the Senate, dence as the commission considers advisable from among members of the Senate, private to carry out its duties. TRIBUTE TO MAJOR GENERAL (2) The commission may secure directly citizens of the United States, or both. Not WILLIAM F. ‘‘FRANK’’ MOORE more than 3 of the members selected by the from any agency of the Federal Government Majority Leader shall be members of the such information as the commission consid- same political party and 3 members shall be ers necessary to carry out its duties. Upon HON. FLOYD SPENCE members of the Senate. the request of the chairman of the commis- OF SOUTH CAROLINA (3) Five members shall be appointed by the sion, the head of a department or agency IN THE HOUSE OF REPRESENTATIVES Speaker of the House of Representatives, in shall furnish the requested information expe- consultation with the Minority Leader of the ditiously to the commission. Wednesday, September 9, 1998 House of Representatives, from among mem- (3) The commission may use the United bers of the House of Representatives, private States mails in the same manner and under Mr. SPENCE. Mr. Speaker, I rise today to citizens of the United States, or both. Not the same conditions as other departments honor Major General William F. ``Frank'' more than 3 of the members selected by the and agencies of the Federal Government. Moore, United States Air Force, who recently Speaker shall be members of the same politi- (d) PAY AND EXPENSES OF COMMISSION MEM- completed a three year assignment as the Di- cal party and 3 members shall be members of BERS.— rector of Special Programs in the Office of the the House of Representatives. (1) Each member of the commission who is Under Secretary of Defense for Acquisition (4) The appointments of the members of not an employee of the government shall be and Technology. The Office of Special Pro- paid at a rate equal for the daily equivalent the commission should be made no later grams deals with the most sensitive and highly than 3 months after the date of the enact- of the annual rate of basic pay prescribed for ment of this Act. level IV of the Executive Schedule under sec- classified programs within the Department of (c) QUALIFICATIONS.—The members should tion 5315 of title 5, United States Code, for Defense (DOD). Throughout his tenure, Gen- have a knowledge and expertise in matters each day (including travel time) during eral Moore has provided steady leadership to be studied by the commission. which such member is engaged in performing and has served as a faithful guardian of the (d) CHAIRMAN.—The chairman of the com- the duties of the commission. Department of Defense's most sensitive pro- mission shall be elected by the members of (2) Members and personnel for the commis- grams. the commission. sion may travel on aircraft, vehicles, or During the 1970s and 1980s, Congress' other conveyances of the Armed Forces of SEC. 2. DUTIES. growing concern with the Department of De- (a) IN GENERAL.—The commission shall the United States when travel is necessary consider issues relating to international ter- in the performance of a duty of the commis- fense's management of classified programs rorism directed at the United States as fol- sion except when the cost of commercial resulted in legislation that directed DOD to im- lows: transportation is less expensive. plement a new structure for overseeing these (1) Review the laws, regulations, policies, (3) The members of the commission may be programs within the Department and an im- directives, and practices relating to allowed travel expenses, including per diem proved process for coordinating with appro- counterterrorism in the prevention and pun- in lieu of subsistence, at rates authorized for priate Congressional committees of oversight. ishment of international terrorism directed employees of agencies under subchapter I of As the Director of the Office of Special Pro- towards the United States. chapter 57 of title 5, United States Code, (2) Assess the extent to which laws, regula- while away from their homes or regular grams, General Moore has worked diligently to tions, policies, directives, and practices re- places of business in the performance of serv- ensure an effective working relationship with lating to counterterrorism have been effec- ices for the commission. the House National Security Committee and tive in preventing or punishing international (4)(A) A member of the commission who is with the Congress. On behalf of the entire Na- terrorism directed towards the United an annuitant otherwise covered by section tional Security Committee, I would like to CONGRESSIONAL RECORD — Extensions of Remarks E1655 thank General Moore for his service and wish TRIBUTE TO STATE SENATOR WHY PATIENT COST-SHARING him the best in his new and important assign- RALPH DILLS SAVES LITTLE: THE HEALTH ment as Deputy Director of the Defense LESSONS FROM EUROPE Threat Reduction AgencyÐan agency that will become the Department of Defense's focal HON. GEORGE MILLER point for addressing the many serious threats HON. PETE STARK OF CALIFORNIA associated with weapons of mass destruction. OF CALIFORNIA Mr. Speaker, General Moore has served the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES nation and the Air Force admirably for over 31 Wednesday, September 9, 1998 Wednesday, September 9, 1998 years. Throughout his career, the nation has asked a lot of General Moore and his familyÐ Mr. MILLER of California. Mr. Speaker, I ask Mr. STARK. Mr. Speaker, various Members his wife, Carol, and their two daughters, Ra- the House to join me in recognizing the retire- of Congress frequently say that one of the chel and Laurel. I want to congratulate Gen- ment of the senior member of the California ways to save Medicare is to require the pa- eral Moore on his new assignment, thank him State Senate, Sen. Ralph Dills. Sen. Dills will tient to pay a higher share of the costÐthus for the job he has done during the past three leave office at the end of the year, and in Au- making the patient a more careful consumer years as Director of Special Programs, and gust completed his last session in a career and reducing the demand for care. wish him, and his family, health, happiness that began 60 years ago. Following is a portion of a 1997 study pub- and prosperity in the future. I had the pleasure to know Sen. Dills when lished by the World Health Organization enti- I worked as an intern and a staff person in the tled, `Èuropean Health Care Reform,'' which f state Senate in the 1960s and 1970s. A col- shows why such an approach will save little, but of course will greatly increase the burden TRIBUTE TO COL. LAWRENCE W. league of my father, who was himself a senator then, Sen. Dills was even in those days on the poorest and sickest in our society. This STYS, WISCONSIN WING COM- portion of the study is also interesting in that an institution in Sacramento, and he certainly MANDER OF THE CIVIL AIR PA- it shows that in most foreign countries, pa- remains one today. TROL tients have much more time with their doctor We all honor his devotion to public service and have much longer hospital length of stays and to the people of the state of California. I than AmericansÐyet those foreign societies HON. GERALD D. KLECZKA would like to submit an editorial from the Sac- spend about 30 to 40% less than we do on OF WISCONSIN ramento Bee that pays tribute to this distin- health care. guished legislator and Californian, and I know IN THE HOUSE OF REPRESENTATIVES Before Americans push more of the burden all members of this Congress join me in hon- of Medicare onto the poor and sick, we should Wednesday, September 9, 1998 oring his career. look to the lessons from abroad. Mr. KLECZKA. Mr. Speaker, I rise today to [From the Sacramento Bee, Sept. 2, 1998] THE EFFECTS OF COST SHARING honor a skilled pilot and dedicated public serv- RALPH DILLS BOWS OUT: SENATOR WAS THE TOTAL HEALTH EXPENDITURE ant, Col. Larry Stys, Wisconsin Wing Com- STATE’S LONGEST-SERVING LAWMAKER Evidence suggests that cost sharing re- mander of the Civil Air Patrol. After 33 years duces utilization but does not contain costs. with the CAP, Col. Stys will step down as the Franklin Roosevelt was serving his second term as president when Ralph Dills was first Overall costs are not contained because cost Wisconsin Wing Commander October 17. elected to the California Legislature in 1938. sharing is a set of demand-side policies, and His lasting legacy is a record unparalleled in President Clinton wasn’t yet born, nor were costs are primarily driven by supply-side factors. Intercountry comparisons indicate that the history of the Civil Air Patrol in Wisconsin. most lawmakers with whom Dills now serves. the United States has lower rates of contact He achieved this by hiring the best individuals with physicians and beddays per head of pop- for duty assignments and inspiring them to the Dills arrived in Sacramento from Long ulation than many other countries, includ- highest principles. Mr. Speaker, perhaps the Beach, a liberal New Deal Democrat and ing Canada, France, Germany, Japan and the philosophy of Col. Stys can best be expressed staunch friend of labor, and he departs 60 United Kingdom, but costs in the United in his own words written to all Wisconsin Unit years later much the same way. In 1949, he States are much higher relative to GDP than Commanders: left the Assembly to accept a judgeship, but in these other countries. This strongly sug- 17 years later he was elected to the Senate, gests that it is the intensity of care provided `Ì realized that the most important thing in where he has been ever since, often presiding per contact in the United States that is re- one's life was principles. If one's life was or- over sessions, a chore he relished. sponsible for this apparent paradox (198). The dered to and grounded in a set of principles, One of Dills’ proudest achievements was United States has the highest out-of-pocket the arrangement of things will fall into line authoring the law that created Long Beach expenses, mostly to meet cost-sharing obli- automatically. Principles are more than char- State University; another was the 1977 meas- gations; it also has the highest overall costs. acter traits. Traits can sometimes be worn ure that gave collective bargaining rights to Other countries have lower cost-sharing and without truly believing in them. This fundamen- state workers. In speeches lauding him last higher utilization rates, but lower costs. This does not mean that cost sharing causes tal basis of character is called integrity. People week, fellow lawmakers remembered that Dills was among a small minority of legisla- higher costs; it means that measures other can look at you and believe you. You can per- than cost sharing (supply-side measures such suade without recourse to cajole.'' tors who opposed the internment of Japanese Americans during World War II. as budgetary controls) are much more effective mechanisms for cost-containment. This philosophy enjoyed obvious success, As a senator, Dills presided over the influ- Mr. Speaker. In 1995, Wisconsin Wing was The Rand Study (199,200) suggests that cost ential Governmental Organization Commit- sharing is associated with a decrease in total named best in the region in Search and Res- tee. The panel handles liquor, horse racing cue proficiency. health spending, but the design of the experi- and gambling legislation and has tradition- ment does not really permit strong conclu- And in 1997 during the Air Force Quality In- ally been a channel for large campaign con- sions to be drawn about the consequences for spection, Wisconsin Wing earned the distinc- tributions that Dills used to help keep him- total expenditure of the broad implementa- self and his fellow Democrats in power. tion as best in the nation, excelling in all cat- tion of cost sharing within a retrospective egories, including an unprecedented 13 In his later years, Dills was known less for reimbursement system. The reason is that benchmarks, which other wings will be rated his legislative prowess than for his colorful providers may compensate for a reduction in attire, purple-tinted hair and saxophone consumer-initiated demand by inducing in- against. Despite these laudable achievements, playing. Reapportionment had pushed his creases in service volume or intensity. Table Col. Stys repeatedly deflected praise from district westward, from a gritty inland 9, which shows intercountry data (198) on himself to his staff. neighborhood to a more upscale coastal area, contacts with physicians, hospital days and Mr. Speaker, volunteer service is held in forcing him to acquire an environmental health expenditure as a percentage of GDP, such high regard because of the dedication sensitivity he’d never shown before. He was suggests that consumer-initiated demand is 88, ailing and in a wheelchair when he cast not the major factor driving health care and professionalism of men like Col. Stys. As his last votes in the Legislature late Mon- costs. Rather, it appears to be the intensity he leaves his command, we commend his in- day. However he is ultimately rated, term of services provided. Since intensity is large- valuable service, we celebrate his contribu- limits ensure that Ralph Dills’ durable pres- ly provider initiated, there is little scope for tions to air safety, and we salute his high re- ence in Sacramento is unlikely to be re- cost sharing to make much of an impact on gard for standards and principles. peated. the overall level of spending. . .. E1656 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 TABLE 9. HEALTH CARE UTILIZATION AND EXPENDITURE IN tions in consumer-initiated utilization mentary tasks. The highest level, or Level 5, SELECTED COUNTRIES, AROUND 1990 caused by cost sharing will encourage pro- involves college-level reading and writing viders to increase the volume of services per skills. Contacts Expenditure patient contact (i.e. service intensity) in Literacy and employment: Over time, even Country with physi- Bed-days as a per- order to maintain their incomes. In such sys- as definitions and measures of literacy have cians per per head centage of changed, each was largely based on what is head GDP tems, therefore, cost sharing does little to restrain cost growth because the available needed for gainful employment. As the work- Canada ...... 6.9 1.5 9.5 evidence suggests that providers can—and place changes, what it means to be literate France ...... 7.2 1.5 8.8 also changes. Today’s workplace requires Germany ...... 11.5 2.3 8.3 do— respond to a drop in consumer-initiated Japan ...... 12.9 — 6.7 utilization by stimulating an increase in the higher levels of critical reading, problem United Kingdom ...... 5.7 0.9 6.2 use of diagnostic and therapeutical services. solving, and computer skills to ensure suc- United States ...... 5.5 0.9 12.2 In systems where providers are prepaid, cess. Our economy has become increasingly there are no obvious incentives for this re- high-tech and demands higher literacy and EQUITY IN FINANCING sponse, but the effects of cost sharing are technical skills for jobs like data processing, Has cost sharing led to a relatively greater still likely to be marginal because supply- communications, and finance. A two-tiered burden of health care financing falling on side incentives are enough to restrain workforce has evolved, one with the literacy lower-income households? Based on data growth in expenditure. skills needed for the old economy, and a sec- from the 1980s, Switzerland and the United Without compensatory administrative pro- ond with advanced skills for the high-tech States were found to have the most regres- cedures, cost sharing causes inequity in the workplace. Such a two-tiered economy would sive health financing systems out of ten financing and receipt of health services. Un- leave a significant portion of workers behind, and present formidable challenges to OECD countries studied (201). This finding less cost sharing is related to income, co- the nation. was attributed to their heavy reliance on payments and co-insurance will impose a Literacy levels have real implications on both private health insurance and private greater burden on the budgets of low-income out-of-pocket payments. The latter were salary levels. On average those in the high- households. Without specific measures to ex- est level are paid over $400 more per week found to be very regressive in these two empt low-income groups from out-of-pocket countries because, in most instances, cost- than those in Level 1. charges, access to care will depend on in- Trends in literacy: Since at least the 1980s, sharing obligations apply irrespective of the come levels. Evidence consistently shows the literacy levels of Americans have contin- patient’s income. that direct charges deter poorer people from ued to slump. Ten years ago one out of every The equity consequences of cost sharing in using services to a greater degree than they five American adults age 16 and over could France are unclear, because there is no di- deter the better-off. These limitations on ac- not read and write at the most basic levels. rect relationship between income and com- cess may result in adverse health effects for Today, the best estimate is that 23%, or 44 plementary insurance coverage. Employees poorer and sicker groups of the population. million adults, are at Level 1 literacy. In In- in small firms and young people, as well as To protect equity, therefore, measures are diana, an estimated 16% of adults are at the unemployed, are less likely to have com- needed to compensate for the consequences Level 1, with the percentage slightly lower— plementary insurance. This suggests that of cost sharing on poorer members of soci- about 14%—in the 21 counties of the Ninth voluntary complementary insurance that ety. District. cover the cost-sharing obligations of a na- As a means of mobilizing revenue for the Low literacy levels contribute to many tional insurance system can lead to a dis- health services, direct charges to patients other problems. Of adults in the Level 1 cat- proportionate financial burden (and probably are not likely to generate substantial egory, 43% live in poverty. Some 75% of inequitable access as well) for those unable amounts without causing adverse con- those on food stamps placed in the lowest to purchase that coverage. sequences in terms of equity. two levels of literacy skills. People at Level Evidence from Kyrgyzstan suggests that f 1 averaged 19 weeks of work per year com- the mix of formal and informal charges to pared to 44 weeks for Level 5. Also, seven out users of health services increased inequities LITERACY IN AMERICA of ten people in correctional facilities per- in financing. The out-of-pocket costs of a formed in the lowest two levels. single episode of illness could impose a sub- Literacy programs: Help is available today stantial financial burden on many house- HON. LEE H. HAMILTON for those with literacy needs, but often it is holds. In 20% of cases, the total costs of an OF INDIANA not received because many persons with low episode for an individual exceeded the IN THE HOUSE OF REPRESENTATIVES literacy levels feel they either do not have a monthly income of his or her entire house- problem or do not admit to such a problem. hold. Almost 50% of inpatients reported se- Wednesday, September 9, 1998 One successful way of breaking the cycle of vere difficulties in finding the money to pay Mr. HAMILTON. Mr. Speaker, I would like to poor literacy skills has been through local for their stay, and one third of them bor- family literacy programs, which include four rowed money to pay for their hospital insert my Washington Report for Wednesday, elements: adult education and employment charges. Capital items were often sold (farm August 5, 1998 into the CONGRESSIONAL skills, early childhood education, parent sup- animals in rural areas, consumer goods in RECORD. port groups, and opportunities for edu- urban areas) to raise the necessary money. LITERACY IN AMERICA cational parent-child interaction. Studies Overall, there is evidence that the incidence show that these family programs enable chil- In the course of a recent conversation I of out-of-pocket payments for health is in- dren to read much better. These programs had with an older Hoosier woman, she ac- equitable, i.e. it creates more of a burden for also are helpful for the whole family as 23% knowledged to me, with tears in her eyes, poorer households and individuals (197). of families on public assistance become self- that she could not read. She told me she was CONCLUSION sufficient after successfully completing the unable to read the local newspaper, compute program. These family programs increase Cost sharing does not provide a very pow- the numbers in the supermarket, write to motivation and self-esteem in adults, give erful policy tool, either for improving effi- her children, or read the Bible. I could people a chance to discuss and share con- ciency or for containing health sector costs. scarcely imagine how a person could func- cerns with their peers, and allow parents and Because of the importance of providers in in- tion in today’s world without being literate. children to develop skills in a positive and fluencing the main drivers of health sector Yet many people do. More than one out of structured environment. Other literacy and costs, policies that address the supply side of every five Americans cannot read or do sim- education programs in workplaces and li- the market are likely to be much more pow- ple math. That is a shocking figure with braries, and for non-English speakers have erful than those that act solely on the de- huge ramifications for the quality of life for been effective as well. Also, particularly ef- mand side. Cost sharing will reduce con- many of our fellow citizens and for the coun- fective are programs for the incarcerated. sumer initiated utilization, but such reduc- try’s economic and political well-being. Re-arrest rates for prisoners are signifi- tions will not be effective for cost-contain- Defining literacy: In years past, literacy cantly lower if they participate in an edu- ment. This is because the main influence on was simply defined as a person’s ability to cation program while in prison. Unfortu- health care costs is service intensity, which read and use printed materials at a very nately, the participation rate for such pro- is provider driven. basic level. But the increasing complexity grams is low. The appropriateness and likely effects of and change in today’s society, along with the Congressional involvement: Although the cost sharing depend on the services to which skills demanded of individuals, has led to a majority of literacy initiatives are state and it is applied, and on the broader context of more comprehensive definition. local, the federal government plays an im- the provider payment system. The use of Today, the definition of literacy most portant supporting role. Last year, Congress cost sharing as a tool to limit demand is rel- widely used in the U.S. actually is not a sin- provided $361 million for federal adult edu- evant only when applied to first-contact gle definition, but involves five different lev- cation and literacy programs. Most of these services. For (provider-initiated) referral els of proficiency. The lowest level of lit- funds provide grants to states, support pris- services, cost sharing has little impact on eracy, or Level 1, is marked by a difficulty in on literacy programs, and underwrite lit- utilization and is thus of little relevance in locating an intersection on a map, complet- eracy study and research initiatives. Last terms of efficiency. In systems in which pro- ing background information on a Social Se- year, Indiana received over $7 million in fed- viders are reimbursed retrospectively, reduc- curity card application, or other rudi- eral funding for literacy programs. CONGRESSIONAL RECORD — Extensions of Remarks E1657 Conclusion: Currently much good work is cluding the China-Nicaraguan Association, By the time I launched my first campaign for being done to address literacy in America, which he serves as president, the American Congress in 1986, Angelo Musto had already but the challenges are formidable. The effort Chamber of Commerce of Nicaragua, the Nic- cultivated the talents of three generations of to improve the literacy of Americans should not be limited to formal government pro- araguan-American College and the Associa- East Boston's youth and drew on those far- grams. In the home, parents must promote tion of Friends of the National Police. reaching ties to create a formidable political literacy skills for their children at an early I have been honored to know the Wong presence in East Boston. age. In the schools, educators must promote family for almost twenty years and my friend- During that first campaign, he drew exten- the highest reading skills from students. In ship with Gilberto runs very deep, Mr. Speak- sively on his detailed knowledge of the history the workplace, employers should provide er. It is with a great sense of privilege that I of the community, reaching back to the arrival useful opportunities for workers to contin- rise today to honor this great patriot, Gilberto of the Kennedys in East Boston. Angelo knew ually improve their basic skills. Wong, and to congratulate him for the numer- the history, but most importantly he knew the Clearly, too many Americans are under- educated for our times. Education for all ous and extraordinary accomplishments that people and the issues they cared aboutÐqual- people must be a top priority in our nation. he has already achieved despite his youth. ity health care, good schools, decent housing, The more literate a person is the less likely f access to college, and protection from outside he or she will depend on welfare or be in pris- forces that have long sought to sacrifice East on, and the more likely he or she will vote TRIBUTE TO ANGELO R. MUSTO, Boston's quality of life to the airline industry. and have a decent income. Access to basic JR. The eager volunteers that fanned out across education is—or at least should be—a basic East Boston in 1986 quickly learned the rules human right. Opportunities for literacy edu- HON. JOSEPH P. KENNEDY II of politics as taught by Angelo. I recall one in- cation should be available to all Americans to ensure not only improvement in our econ- OF MASSACHUSETTS cident in which one of the higher-profile mem- omy, society, and families, but an overall IN THE HOUSE OF REPRESENTATIVES bers of my campaign team upbraided a volun- better quality of life. A literate nation Wednesday, September 9, 1998 teer in our East Boston headquarters. Angelo means a better America. stepped in, and with the persuasive skill he Mr. KENNEDY of Massachusetts. Mr. f had acquired through years of politicking, Speaker, I rise today to pay tribute to one of calmed the rising tension, gently rebuked the A TRIBUTE TO GILBERTO WONG, East Boston's most beloved and dedicated bigwig and at the same time made it clear that NICARAGUAN PATRIOT public servants. Angelo R. Musto, Jr., who the Kennedy team in East Boston would never died on July 4, 1998, left an inspiring legacy be a house divided. HON. LINCOLN DIAZ-BALART of bettering the lives of all he knew throughout Throughout the years that followed, Angelo the Commonwealth of Massachusetts. OF FLORIDA Musto remained an invaluable member of my In more than eight decades on earth, there Congressional team. As my East Boston Dis- IN THE HOUSE OF REPRESENTATIVES was no arena of community life neglected by Wednesday, September 9, 1998 trict Representative and 8th District Coordina- Angelo Musto. Politics, social services, busi- tor for Seniors from 1987 until his retirement Mr. DIAZ-BALART. Mr. Speaker, I rise today ness development, youth programsÐwherever in 1992, he served as a vital link to the com- to pay tribute to Mr. Gilberto Wong, a leader there was a need, Angelo filled it. In his pro- munityÐattending meetings, fielding constitu- in the Nicaraguan exile community in south fessional career, Angelo demonstrated the ent calls, and working to fund worthy projects. Florida who returned to Nicaragua to help his same spirit of selfless service, particularly in His dedication to the comfort of East Boston's native country develop economically and con- steering troubled youngsters towards a bright- senior citizens resulted in such accomplish- solidate its hard-fought democracy. er future. ments as securing federal support to renovate Educated in both Nicaragua and the United He began his career in the depths of the the Don Orione Nursing Home. States, Mr. Wong earned degrees from the Great Depression with the National Youth Ad- With Angelo's passing, my heart goes out to Instituto Pedagogico de Managua and Saint ministration. He later became a counselor with his daughter Faith, his brothers Louis and Vin- Edward's University in Austin, TX. Once he ar- the East Boston Camps and joined the Good- cent, his sisters Lucille, Emma, and Theresa, rived to exile in Florida in 1979, Mr. Wong will House in Jeffries Point, eventually rising to and to his grandchildren George and Lisa. made a name for himself and quickly rose in executive director in charge of a wide array of The truth is, we were all a part of Angelo the ranks of the financial community, becom- social, educational, and recreational services. Musto's extended family, which reached ing vice-president of a prestigious financial in- In recognition of his expertise, the late Gov- across lines of age and party and profession stitution as well as president of the Nica- ernor John A. Volpe made Angelo a special to include the great sweep of those whose raguan American Bankers and Businessmen assistant in the Boston Municipal Court in lives he touched and served. Association. The Wong family has deep roots 1957 and later appointed him to the Massa- f in the south Florida community, and Gilberto's chusetts Advisory Committee on Corrections brother, Juan, is co-owner of Los Ranchos, an to help the criminal justice system mend bro- ISSUES FACING YOUNG PEOPLE extremely popular chain of Nicaraguan steak ken lives more effectively. He was later ap- TODAY houses in Miami-Dade County. pointed to the Suffolk County Courthouse In the early 1990s, Mr. Gilberto Wong re- Commission. In 1965, Angelo was appointed turned to his homeland to become general Deputy Commissioner of Probations and 13 HON. BERNARD SANDERS manager of the newly-founded Banco de la years later rose to become First Deputy Com- OF VERMONT Exportacion, headquartered in Managua. This missioner. IN THE HOUSE OF REPRESENTATIVES bank opened in 1992, specializing in trade fi- Angelo actively worked with the East Boston Wednesday, September 9, 1998 nance services, including letters of credit and Chamber of Commerce for over 40 years and Mr. SANDERS. Mr. Speaker, I would like to received its Man of the Year Award in 1973. collections. That same year, Mr. Wong was have printed in the RECORD this statement by awarded the great honor of being named Nic- He also served on the boards of the United a high school student from my home state of araguan-American banker of the year. Fund, the Kiwanis, the Mental Health Area Vermont, who was speaking at my recent Based on his extensive experience in both Board, the East Boston Savings Bank and the town meeting on issues facing young people the financial and trade arenas, in 1997 Mr. East Boston Social Centers. Among his many today. I am asking that you please insert this Wong was appointed executive secretary of accomplishments, perhaps the most notable statement in the CONGRESSIONAL RECORD as I the state-owned Corporation of Free Trade was the creation of the Goodwill House Day believe that the views of this young person will Zones of Nicaragua. These export-processing Program in Jeffries Point, which to this day benefit my colleagues. zones are among the major employers in serves as a national model for urban day Nicaragua, and they provide over 12,000 jobs, camps. STATEMENT BY ABIGAIL NESSEN REGARDING with close to three-fourths of the positions Throughout his years of service, Angelo re- GUN CONTROL being filled by women. mained firmly committed to improving the lives Ms. NESSEN. I believe that our forefathers Now that Mr. Wong's term has expired as of our youth. His work as the general director had the right idea. Their wish was to create a safe and free nation for all of us to live in, general manager of the Corporation of Free of the East Boston Camps and as a member and they wrote this to prove it: ‘‘We the peo- Trade Zones, he has been named director of of the East Boston Athletic Board helped give ple of the United States, in order to form a communications for Nicaragua's President, His city kids a reprieve from the streets and taught more perfect union, establish justice, ensure Excellency the Honorable Arnoldo Aleman. Mr. them the values he embracedÐdiscipline, domestic tranquillity, provide for the com- Wong is active in numerous associations, in- compassion and strength of body and mind. mon defense, promote the general welfare, E1658 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 and secure the blessings of liberty to our- Newmyer says the director, whom he will and $3 billion in revenue—officials said the selves and our posterity, do ordain and es- not name, told him that Larry Glasscock, company could compete better against its tablish this Constitution for the United then-president of the D.C. Blues, would leave heavily muscled for-profit peers, offer more States of America.’’ the company after its combination with products and enhance its customer service. These are beautiful words. But more than Maryland’s Blue Cross plan was complete. ‘‘Affiliating our two contiguous Blue Cross beautiful, they can be used and enforced to Newmyer said he was complaining to his Blue Shield plans is a logical business deci- create a more perfect union. But our country friend about the way the D.C. Blues treats sion that will allow us to offer our members is at a time in its history when the words its members generally, and about Glasscock the most comprehensive health care services ‘‘domestic tranquility’’ and ‘‘general wel- specifically, when the director ‘‘smiled and available and operate more efficiently over fare’’ seem to signify things of the past. said, ‘After the merger, he’ll be gone.’’’ time,’’ said William Jews, president of the I am here today to talk to you about guns. Last March, two months after the deal was Maryland Blues, in a statement in January. The widespread availability of these weapons complete, Glasscock did leave for a job in In- Under terms of the deal, a new holding is frightening and wrong. Thousand are dianapolis, taking with him nearly $3 million company would be formed, called CareFirst, killed every year in our country by guns in severance. Several other members of the based in Owings Mills. CareFirst would oper- bought legally, guns made not to hunt ani- D.C. Blues’ senior management team left, ate both Blues’ plans as subsidiary compa- mals but to hunt humans. Many have killed too, taking with them another $3.7 million nies. or have been killed by the time they reach combined. Jews would become president and CEO of my age, if they ever do. Newmyer’s story, if corroborated, would CareFirst, as well as CEO of both Blues. I am a strict constructionist when it comes supply the smoking gun he said he needs to Glasscock would be chief operating officer of to the preamble and the Second Amendment, prove his contention that the Blues’ year- CareFirst and both Blues, as well as presi- meaning I believe that our forefathers wrote long effort to gain regulatory approval for dent of both Blues. just what they meant. They meant for the its merger was a sham from the beginning. But as it turned out, that organizational Constitution to create domestic tranquility That’s because Glasscock told regulators structure lasted only a few weeks. and general welfare and, especially, common that he had no immediate plans to leave, QUIET EXIT defense. I believe—I know—that the guns even though Glasscock’s employment con- On March 27, Indianapolis-based Anthem that are available today do none of these tract permitted him to do so—taking the Inc., an owner of for-profit Blue Cross plans things. I believe and I know that our fore- severance pay with him—should the merger in four states, said that Glasscock would join fathers would agree, because I refuse to be consummated. the company in a new position, senior execu- think that the intentions of the ones who The insurance commissioners of Maryland and the District each have said they would tive vice president and COO. wrote the Constitution was to put lethal Anthem, however, did not make that an- weapons in the hands of every person who not have approved the merger had it appeared to be a deal designed to allow execu- nouncement to the Baltimore or Washington wanted one. That is not ‘‘a well regulated press, and it wasn’t known here until May 19, militia.’’ No, their intention was to ensure tives to profit personally. The story also would support Newmyer’s when several newspapers, including The the safety and freedom of us, their posterity. Daily Record, discovered the departure and I proposed that we follow the words of the view of the merger as a cynical power grab, reported it. preamble and of our constitution. I proposed orchestrated by a handful of top executives Then and now, Blues officials have insisted that we take a step to make our nation safe harboring a quiet agenda to one day convert that the $6.5 million in severance payments again, for me and for the children I want to the new, combined Blues into a for-profit made to Glasscock and 25 other departing ex- have some day. I propose we remove the guns health insurance powerhouse. ecutives was proper, legal and in line with from our streets, our homes and our hands. But there is no evidence that the meeting what high-ranking executives at other, simi- Congressman SANDERS. Thank you very ever took place, much less any proof that the larly sized Blues plans have received upon much. anonymous director ever made such a fool- hardy utterance. departure. f And Newmyer is an admitted mortal Glasscock repeatedly has refused to speak to the Baltimore media since his departure MERGERS, ACQUISITIONS AND enemy of Blue Cross plans locally and nationally. and declined, again, to comment for this CONVERSIONS A loud and frequent critic of what he views story. as shabby treatment of policy holders, he is ‘‘He only wants to talk about his future HON. FORTNEY PETE STARK chairman of the Fair Care Foundation, a with this company,’’ said Patty Coyle, an Anthem spokeswoman. OF CALIFORNIA Washington-based Blues’ watchdog group correctly suing the Blues in the District of Others have criticized his golden parachute IN THE HOUSE OF REPRESENTATIVES Columbia in a long-shot bid to force them to as a typical example of what happens when Wednesday, September 9, 1998 unmerge. state regulators don’t monitor the assets of Blues plans—assets built up, in part, by tax Mr. STARK. Mr. Speaker, attached are two Newmyer says he won’t reveal his lunch companion’s identity because Fair Care has breaks granted the Blues because of non- important articles that spotlight a significant sued him for breach of fiduciary responsibil- profit status. problem with the rampant mergers, acquisi- ity, ‘‘and I don’t want to torment him fur- Indeed, the circumstances surrounding tions, and conversions going on throughout ther, personally.’’ Glasscock’s departure are at the root of one our health care system today. Still, Newmyer, a Northern Virginia busi- of the fundamental charges levied against Recently, the two Blue Cross plans in nessman, isn’t the only one who finds the the Maryland and D.C. Blues by Fair Care. Washington and Maryland combined into one circumstances surrounding the Blues deal GOLDEN PARACHUTE plan. There was, at the time, and continues to curious. The organization claims that officials not Some eight months after its closing, con- be, great concern within the consumer com- only knew Glasscock would leave after the sumer groups and Blue Cross-watchers in merger, but that the merger was contingent munityÐlead by A.G. Newmyer of the Fair other parts of the country are eying the deal Care FoundationÐwith this merger. He makes upon his agreement to go. here with skepticism. After Glasscock’s departure, Jews took a strong case that the eventual goal of this And there are several peculiarities to the over his former jobs, becoming president and merger was not to provide better quality health deal, which may lend credence to their view. CEO of CareFirst and both Blue Cross plans. care to the plans' membersÐas both health THE DEAL ‘‘Bill Jews gave Larry Glasscock a $3 mil- plans proclaim. Instead, it was to line the All sorts of level-headed business reasons lion ‘tip’ to get out of town,’’ Newmyer said. pockets of health plan executives and pave exist that a merger made sense between There is no hard evidence of that, and the the way to convert the bigger, stronger plan Owings Mills-based Blue Cross Blue Shield of Blues deny it vehemently. into a for-profit entity. Under both of these Maryland and Washington-based Blue Cross Dwane House, a director of the D.C. Blues Blue Shield of the National Capital Area. until the merger was completed and a high- scenarios the community loses. At the time of the deal’s closing, the D.C. ranking executive at Anthem until retiring The attached articles outline Mr. Newmyer's Blues had 760,000 members in the District in recent months, said Newmyer’s assertion perspective on this merger quite well and I en- and its highly mobile suburbs in Maryland is false. courage everyone to read them. and Northern Virginia. The Maryland Blues ‘‘To the best of my knowledge, he hadn’t [From the Daily Record, Aug. 10, 1998] had 1.5 million members in and around Balti- made a decision to leave’’ until after the more. merger was final, House said from his South DID BLUES EXECS PAD THEIR POCKETS? The companies figured that by combining, Carolina home. (By Bob Keaveney) each would expand its network of providers, But in support of their contention, merger On May 23, 1997 at 12:30 p.m., over lunch at allowing members living in Montgomery opponents point to changes that were made a Washington-area restaurant, A.G. County (D.C. Blues’-territory) but working to Glasscock’s contract with the D.C. Blues Newmyer III says his friend, at the time a di- in the Maryland Blues’ Howard County, to in the days leading up to the merger— rector of Blue Cross Blue Shield of the Na- see a doctor in either place. changes that ensured Glasscock’s golden tional Capital Area, made a shocking admis- And by getting bigger—the combined Blues parachute would safely open after the deal sion. would have more than 2.2 million members closed. CONGRESSIONAL RECORD — Extensions of Remarks E1659 The golden parachute clause in Glasscock’s ‘‘Accordingly, he has positioned himself, The purpose of both, he said, was to clarify contract allowed him to collect the sever- intentionally or unintentionally, to leave his order—not to change it. ance payment should he ever find himself in [the D.C. Blues] with substantial charitable ‘‘That meeting was about as routine as you a job lower than the top position at the D.C. assets.’’ could have in the context of a very signifi- Blues, or any company controlling the D.C. Given that, Sheppard recommended that cant order being issued,’’ he said. Blues. the District’s insurance commissioner, Pat- ‘‘I don’t know what else to say, other than The so-called change-in-control clause was rick Kelly, block the merger unless to not be able to have that meeting is abso- altered slightly—but critically—in 1997, Glasscock and other executives with change- lutely absurd. I have a responsibility to the while the D.C. and Maryland Blues were of-control provisions in their contracts entities I regulate to explain the meanings of seeking regulatory approval for their merg- ‘‘take appropriate action to immediately the orders I issue,’’ he added. er. render the provision null and void.’’ CHARITABLE? To exercise the clause, two things had to On Dec. 23, Kelly approved the merger with Along with questions about Glasscock’s happen: The change in control needed to a series of conditions—but none required contract, an ongoing debate questions take place leaving Glasscock as the less- Glasscock to give up the golden parachute. whether Blue Cross plans, both locally and in than-senior official, and he needed to be ter- OVERDRIVE other parts of the country, are, in fact, char- minated, according to a consultant’s analy- What happened in the 29 days between Nov. itable organizations. sis of the contract prior to the merger. 24 and Dec. 23 to cause Kelly to reject the Certainly, at first glance, it would appear Although the Blues have maintained that suggestion of one of the District’s own law- that they are not. Although nonprofit, they Glasscock resigned his position—and was not yers advising him on the matter? act as insurance companies. They charge fired—Blues spokeswoman Linda Wilfong Newmyer thinks he knows exactly what premiums like any insurer and expect to be said he was able to satisfy the latter require- happened. in the black at year’s end. ment, because his contract allowed him to ‘‘I am 99.9 percent convinced that because The local Blues long has insisted that it is terminate himself. Dana Sheppard had raised an issue that truly not a charity, and made that position clear QUESTION OF SELF-DEALING went at the heart of this matter . . . the lob- last year to the insurance commissioners. For merger opponents, the objectionable byists from Blue Cross went into overdrive,’’ ‘‘I know what the criteria for a charity contract change made it clear that accepting he said. are,’’ Larsen said. ‘‘Blue Cross is not a char- a position as the less-than-senior official in He believes Blues’ lawyers met with Kelly ity in my view. . . . Blue Cross is’’ an insur- the new merged Blues was not a forfeiture of in the days prior to his approval of the merg- ance company.’’ Maryland Attorney General J. Joseph Glasscock’s right to exercise the change-iner to convince him to drop Sheppard’s sug- Curran disagrees. His office long has held control clause. gestion to cut Glasscock’s golden parachute. The provision was added last year, as the Kelly did not return a call seeking com- that Blue Cross of Maryland is indeed a char- companies were jockeying for regulatory ap- ment. Sheppard declined to speak for the itable organization and always has been. This is not just an academic debate among proval of the merger. record, citing Fair Care’s pending litigation. Many executive compensation packages in- Bob Hunter, director of insurance for the lawyers, however. Nationwide, as nonprofit Blues plans have clude change-of-control provisions not un- Consumer Federation of America (CFA) and converted themselves into for-profit compa- like Glasscock’s—and this one, in fact, did the former Texas insurance commissioner, nies, the answer to the charity question has not alarm Sibson & Co., the New Jersey- said he believes there was an inappropriate been crucial to deciding whether the Blues based analyst hired to review the contract. meeting. ‘‘Blue Cross got to look at the proposed must set aside a portion of assets in public Maryland Insurance Commissioner Steven order and propose changes [when others did trust, to be used for charitable health pur- Larsen said he asked for the independent not],’’ Hunter said. ‘‘A public process poses. analysis, because he wanted to be sure that shouldn’t happen that way. . . . The District Just last month, a group of small charities the changes made to Glassocck’s contract in of Columbia should have reorganized the in Georgia settled a lawsuit with that state’s 1997 would not entitle him to additional sev- hearing, and as parties, we should have been Blues in which the now for-profit company erance pay. agreed to set aside $64 million in trust. He said he was satisfied with the Sibson re- invited.’’ The CFA is supporting Fair Care’s suit. In California in 1994, California’s Blues was port’s conclusion. forced by the state attorney general to set But the Glasscock change took the un- SECRET MEETINGS? aside $3.2 billion in two trusts, said Frank usual step of making it clear that he could Tim Law, an attorney with the Philadel- McLoughlin, staff attorney for Community exercise his change-in-control clause, even phia law firm handling Fair Care’s case, said Catalyst, a Boston-based consumer group though he was helping to engineer the the group did not know that Sheppard’s pro- that monitors nonprofit to for-profit conver- change in control. posed conditions existed until after the merger was complete. They never received sions. In other words, by allowing Glasscock to ‘‘There’s a difference between a charity— them. demote himself through his work in like a soup kitchen. . . . and a charitable or- brokering the merger, the change gave him ‘‘That’s one of the weird things,’’ Law said. ‘‘It gets put in the record, but it doesn’t get ganization,’’ said McLoughlin. cause to effectively fire himself after the ‘‘A lot of Blue Cross officials think that be- served to everyone. So sometimes, we didn’t merger was complete, allowing him to col- cause they look like a regular health insur- know about things. Important things, like lect a $2.8 million severance. ance company and because they act like a ‘‘When you say, ‘What did they do? What that.’’ Wilfong refused to answer any questions regular health insurance company, they’re happened?’ They caused that to happen,’’ no longer bound by legal doctrine.’’ Newmyer said. ‘‘He [Jews] had to get his related to allegations of secret ex-parte hand on the [Blues’] assets, and to do that, meetings between regulators and Blues’ offi- CHANGE IN IDENTITY he had to get Larry Glasscock out of the cials, which are at the heart of Fair Care’s The Maryland Blues has tried twice—in way.’’ lawsuit. 1994 and 1995—to convert to for-profit status, The case now is awaiting a decision on an but has been thwarted both times. it has NO COMMENT appeal of a District of Columbia judge’s rul- made no secret that it may try again. Both Jews and John Piccioto, the Blues’ ing that the group does not have standing to Locally, the Blues has suffered two set- in-house counsel, declined interview requests sue. backs in its attempt to distance itself from to explain why the Blues thought it nec- In addition to the alleged meeting between that doctrine in the last year. essary to alter Glasscock’s change-in-control Kelly and Blues’ lawyers Nov. 24 and Dec. 23, Last fall, the D.C. Blues tried unsuccess- clause, when they say they saw no reason to Fair Care contends that Kelly and Maryland fully to drop its federal charter—which es- believe he would be leaving after the merger. Insurance Commissioner Larsen, in separate tablished the company in 1934 as a ‘‘chari- ‘‘I think what you’re trying to get at is a Jan. 16 letters, changed their own approvals table and benevolent organization’’—in favor little too close to the litigation,’’ said of the merger after having private meetings of a charter with the District, where the law Wilfong. with Blues’ lawyers. is vague on the question. At least one regulatory who reviewed the Kelly and Larsen approved the merger on Under a D.C. charter, the Washington proposed merger, Dana Sheppard of the Dis- Dec. 23. Blues would no longer have been identified trict’s Office of Corporation Counsel, raised Among other things, the group is angry as a ‘‘charitable and benevolent’’ organiza- objections to Glasscock’s golden parachute that both commissioners agreed to make it tion. on Nov. 24, 1997, two months before the merg- clear that portions of executive contracts Consumer groups that lobbied Congress to er closed. dealing with severance payments negotiated block the charter switch, said the language ‘‘Mr. Glasscock, as the senior official at prior to 1997 were not subject to their ap- defines its tax-exempt, nonprofit status, as [the D.C. Blues], deserves the closest scru- proval, as both orders had required. well as its obligation to serve the public. tiny, because he entered into the proposed Larsen acknowledges there was a meeting ‘‘To change their identity in the context of business combination agreement with [the with Blues lawyers prior to the Jan. 16 let- what’s going on around the country is a har- Maryland Blues] knowing that he would not ter, and that he issued the letter at the binger of things to come in the for-profit sec- retain his current position in the controlling Blues’ request. tor,’’ said Julie Silas, staff attorney with organization,’’ Sheppard wrote in his pro- But he insists that there was nothing inap- Consumer’s Union, which first drew atten- posed conditions to the merger’s approval. propriate about the meeting or the letter. tion to the issue. E1660 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 And during the 1998 General Assembly ses- The 1997 version also provided coverage for Increased trade. The volume of world mer- sion, lobbyists from the Maryland Blues travel expenses that Glasscock might incur chandise trade today is 16 times what it was tried to attach an amendment to a bill mak- while looking for a new job. in 1950. Increased trade allows countries to ing it harder for nonprofit health care enti- In addition, the updated contract restruc- specialize in what they make best, increas- ties to convert to for-profit. tured Glasscock’s severance package in a ing global economic efficiency. The World Curran said the amendment would have way that could have helped him avoid a deep Bank expects consumers to gain between $100 made it easier for the Blues to convert with- excise tax on golden parachutes. The tax billion and $200 billion every year in addi- out a public set-aside. would have applied only if the the company tional purchasing power as a result of re- The rider seemed innocuous enough. It issued stock to the public before Glasscock duced tariffs and increased trade. merely stated that the Blues exist to serve left. Increased investment. International invest- policy holders, not the general public. According to an analysis prepared in Janu- ment is perhaps the most significant, but But when lawmakers sponsoring the bill ary by consultants to the D.C. company, least understood, effect of globalization. learned that such arguments have been made Glasscock’s 1997 contract entitled him to Since the 1980s, investment across national in other states to attempt to establish Blues’ severance benefits of $2,874,357 plus any bo- borders has increased four times faster than plans as non-charitable, they were furious. nuses coming to him under an incentive international trade. International invest- ‘‘It’s sad and embarrassing,’’ said Del. Dan plan. The total included $125,000 for serving ment helps a country use its advantages and Morhaim, D-Balto. City, one of the sponsors as a consultant to the company for a year makes it more competitive. for the legislation, at the time. ‘‘Its a slap in after leaving and $1,677, 638 for promising not BENEFITS AND COSTS the face of Maryland taxpayers.’’ to compete with it directly. That set off alarm bells last year in the While globalization can have major benefits, it can also be disruptive. [From the Washington Post, Aug. 18, 1998] D.C. Corporation Counsel’s Office, which recommended that the ‘‘change of control’’ ben- Greater efficiency and falling prices. The de- $2.9 MILLION HELPS TO LEAVE THE BLUES velopment of world markets means that the BEHIND efits be eliminated before the merger received approval. Glasscock ‘‘has positioned goods Americans produce the most effi- (By David S. Hilzenrath) himself, intentionally or unintentionally, to ciently will become more profitable, as we For occupants of the executive suite, part- leave . . . with substantial charitable as- are able to sell them to wider markets. And ing may be sweet sorrow, or it may be just sets,’’ possibly in violation of law, Corpora- that creates more jobs in America. Consumer plain sweet. tion Counsel John M. Ferren wrote. prices will also fall on items that we can buy When Larry C. Glasscock left Blue Cross But insurance regulators in the District from cheaper producers overseas. and Blue Shield of the National Capital Area and Maryland decided that the benefits Increased competition. At the same time, in April to take a job at another health in- should not stop the deal because they were globalization means that our less efficient surer, the former chief executive took with part of Glasscock’s employment contract be- industries will face increasingly tough com- him severance benefits of $2.9 million. fore the merger was negotiated. The overall petition and some jobs could be lost. In- That was more than six times the salary cost of the package to Blue Cross remained creased competition is a two-sided coin, with provided in Glasscock’s February 1997 em- unchanged from 1995, according to Sibson & both winners and losers. But most American ployment contract at the nonprofit com- Co., a consultant to Blue Cross that prepared firms are able to move into and compete in pany. a report for D.C. and Maryland regulators. foreign markets. Because the U.S. economy A.G. Newmyer III, chairman of Fair Care, The actual payment totaled $2,890,561, Blue is already so competitive, many do this ex- a patient advocacy group that has battled cross informed Larsen. ceptionally well. International investment. Americans can Blue Cross, called the package ‘‘a disgraceful f diversion of charitable assets. . .to the pock- benefit from investments made abroad. ets of one executive.’’ A CLOSER LOOK AT Many workers’ pension plans are enriched by Glasscock didn’t return telephone calls GLOBALIZATION overseas investments. In addition, America seeking a comment, but a spokesman for his attracts more foreign investment than any new employer, Anthem Inc., quoted him as other country. When foreign firms build saying: ‘‘I don’t want to talk about that— HON. LEE H. HAMILTON plants in the U.S., jobs are created. Ameri- that’s ancient history, it’s in the past.’’ OF INDIANA cans also benefit from the innovations that Maryland Insurance Commissioner Steven IN THE HOUSE OF REPRESENTATIVES foreign firms bring to the U.S., which have B. Larsen said the package is consistent with included new technologies and leaner pro- industry norms. ‘‘There’s no question that $3 Wednesday, September 9, 1998 duction techniques, such as the ‘‘just in million is a significant amount of money, Mr. HAMILTON. Mr. Speaker, I would like to time’’ delivery systems. but. . .that must be understood in the con- insert my Washington Report for Wednesday, The big risk of increased international in- text of a situation where you have a CEO vestment is that it can lead to instability in September 2, 1998, into the CONGRESSIONAL who is running a billion-dollar operation, financial markets. As we have seen in the and. . .this is the type of benefit package RECORD. Asian financial crisis, money that can move that people of that caliber receive.’’ A CLOSER LOOK AT GLOBALIZATION into a country very quickly can move out Glasscock’s deal reflects the perquisites of Hoosiers are becoming more aware of the just as fast. executive power, even in the nonprofit sec- globalization of the economy—the way that CRITICISMS tor. His employment contract at the D.C. the U.S. economy is increasingly linked to Many people have fears about company permitted him to collect his sever- those of other countries through trade and ance benefits if he left voluntarily after a globalization. The most common concerns technology. They recognize some of the ben- are three: ‘‘change in control,’’ such as the merger he efits of this globalization—lower prices for negotiated with Blue Cross and Blue Shield First, globalization produces a ‘‘race to the consumer goods and expanded markets for bottom’’ on labor standards. As the news sto- of Maryland. Indiana exports—but they are also concerned When the two Blues combined in January ries on working conditions abroad indicate, when they see jobs eliminated in Indiana and to form CareFirst Inc., the top job went to there can certainly be problems as good jobs created in Mexico and see the Asian and Rus- William L. Jews, who had run the Maryland in this country are replaced by jobs in devel- sian economic crises hurt our stock market. company, and Glasscock became chief oper- oping countries in which workers have few All of us must more fully understand what ating officer. A few months later Glasscock labor protections. Yet a global economy effects in our economy can and cannot be at- moved to a comparable job at Anthem Inc., strengthens jobs in the most dynamic, high- tributed to globalization, so we can properly a Blue Cross insurer in Indiana. est paying sectors of our economy, like ex- Early last year, even as the two companies respond to these changes. ports. Within the U.S., jobs in export-related were preparing to merge their operations, MAIN FACTORS industries pay, on average, 15% more than Glasscock signed a new contract that im- The principal factors involved in other jobs. proved his severance benefits, at least mod- globalization are: The experience of Latin America over the estly. For example, it provided coverage for Increased telecommunications and transpor- last forty years is instructive: those coun- travel expenses that Glasscock might incur tation networks. Technological changes are tries that built tariff barriers to protect while looking for a new job, according to a the driving force of globalization. These can local industries and workers began to suffer description filed with the Maryland Insur- be seen through telecommunications sat- low growth and falling wages. By contrast, ance Administration. ellites, fax machines, the internet and other countries elsewhere that opened themselves The 1995 version of the contract restricted electronic linkages, as well as through ex- up more are considered success stories today Glasscock’s ability to join a competing com- panded and improved land, sea, and air in terms of labor standards. pany. The Febraury 1997 version of the con- transportation among countries. To take one Second, globalization weakens environ- tract, signed several weeks after the compa- example, in 1968 only 80 simultaneous phone mental standards When nations become nies announced their intent to combine, recalls could be made between the U.S. and Eu- wealthier, they begin to pay more attention laxed that restriction somewhat, according rope. Today, satellites and undersea cables to environmental issues. As with labor to an analysis filed with Maryland regu- can accommodate one million calls at a standards, several decades of experience lators. time. demonstrate that those countries which have CONGRESSIONAL RECORD — Extensions of Remarks E1661 been most open to the world economy have committee's Public Lands Subcommittee, he in your eye, learn to be more careful. Do not grown the most and have improved their en- also became a leader on land conservation expect the tool manufacturer to make you vironments the most. and historic preservation and managed legisla- and all your relatives independently In the short-term, however, there may be wealthy. some truth to this criticism. Globalization tion that doubled the size of the national park ARTICLE IV: You do not have the right to often shifts dirty industries from wealthy system and quadrupled the size of the wilder- free food and housing. Americans are the nations to poorer ones. The maquiladora in- ness system, including the addition of more most charitable people to be found, and will dustries on the U.S.-Mexican border are an than 100 million acres of Alaska's most spec- gladly help those in need, but many are example of this, having attracted U.S. firms tacular land. He also spearheaded the enact- growing weary of subsidizing generation seeking weaker environmental standards. ment of the Cuyahoga Valley National Recre- after generation of professional couch pota- Third, globalization exposes American ation Area Act, creating Ohio's first and only toes who achieve nothing more than the cre- workers to unfair competition from cheap national park. ation of another generation of professional wages overseas. Many people complain about In 1986, he decided not to seek re-election, couch potatoes. competition from countries which have poor ARTICLE V: You do not have the right to labor protections and low wages. However, but he had crowded a lifetime of accomplish- free health care. That would be nice, but most of the experts agree that roughly 80% ments into his 16 years of service to this from the looks of public housing, health care of the difference in wages between U.S. and House, to his constituents and to the Amer- is not a high priority. developing country workers can be attrib- ican Public. ARTICLE VI: You do not have the right to uted to differences in productivity. Thus, After his retirement, he resumed the prac- physically harm other people. If you kidnap, while Guatemalan workers may have wages tice of law in Akron and also assumed an en- rape, intentionally maim or kill someone, that are one fifth what American workers dowed chair at The University of Akron School don’t be surprised if others want to see you earn, our well-trained workers are typically of Law. But he has also found time to continue fry in the electric chair. more than five times as productive, so there ARTICLE VII: You do not have the right to is less incentive to move production to Gua- working on the causes he held dear as a the possessions of others. If you rob, cheat or temala than initially appears. member of this body through his service on coerce away the goods or services of your CONCLUSION the Board of Directors of the Environmental neighbors, don’t be surprised if others get to- The evidence on globalization is mixed, and Energy Study Institute, a non-profit orga- gether and lock you away. and it is difficult to sort it all out. Yet one nization he and other Members founded to ARTICLE VIII: You don’t have the right to thing is clear—there is no turning back on provide timely and credible information to Con- demand that our children risk their lives in globalization. As President Clinton has said, gress on environmental, energy and natural foreign wars to soothe your aching con- ‘‘The technology revolution and resource issued. science. We hate oppressive governments. However, Americans do not enjoy parenting globalization are not policy choices, they are Mr. Speaker, I invite my colleagues to join facts.’’ Communications satellites, cell the entire world and do not want to spend so me in saluting John F. Seiberling, a Congres- much of their time and resources squabbling phones, the internet, and global financial sional giant, and wishing him many happy re- transactions are here to stay. Succeeding in with each and every little tyrant with a the 21st Century will mean that Americans turns of the day. military uniform and a funny hat. must learn to master the global economy. f ARTICLE IX: You don’t have the right to a job. Everyone wants you to have one, and But we will need to make policy changes to ‘‘BILL OF NO RIGHTS’’ cushion the disruptions of these new eco- will gladly help you along in hard times, but nomic forces and find new ways to manage we expect you to take advantage of the op- them. HON. JOHN J. DUNCAN, JR. portunities of education and vocational Next week: Responding to Globalization. training available to you, and to make your- OF TENNESSEE self useful and productive. f IN THE HOUSE OF REPRESENTATIVES ARTICLE X: You do not have the right to Wednesday, September 9, 1998 happiness. Being an American means that TRIBUTE TO JOHN F. SEIBERLING you have the right to pursue happiness, Mr. DUNCAN. Mr. Speaker, one of my con- which—by the way—is a lot easier if you are HON. GEORGE MILLER stituents, Mr. Robert Koehl, brought to my at- not encumbered by an overabundance of idi- OF CALIFORNIA tention the following article, ``Bill of No Rights,'' otic laws created by those who are confused by Jon Jenson. by the original Bill of Rights. IN THE HOUSE OF REPRESENTATIVES This column expresses in a very plain, f Wednesday, September 9, 1998 down-to-earth, articulate way the feelings of Mr. MILLER of California. Mr. Speaker, I millions of American citizens. TRIBUTE TO MR. LEE LOCHMANN would like to advise my colleagues that yester- I would like to call it to the attention of my day marked the eightieth birthday of our colleagues and other readers of the RECORD. HON. ROBERT SMITH former colleague, John F. Seiberling of Ohio, BILL OF NO RIGHTS OF OREGON and to take note of his many accomplishments Note: Submitted by a reader, the following IN THE HOUSE OF REPRESENTATIVES during his tenure in this body. document deserves consideration in these victim- Wednesday, September 9, 1998 A native of Akron and grandson of the oriented times. founder of the Goodyear Tire and Seiberling We the people of the United States, in an Mr. SMITH of Oregon. Mr. Speaker, I rise Rubber companies, John Seiberling decided in attempt to help everyone get along, restore today to pay tribute to Leroy Lochmann, Presi- 1970, at age 52, after 3 years of distinguished justice, preserve domestic tranquility, pro- dent and CEO of ConAgra's Refrigerated World War II military service, 5 years of pri- mote positive behavior and secure the bless- Foods Companies, on the occasion of his re- ings of debt-free liberty to ourselves and our vate law practice and 17 years at Goodyear, grandchildren, hereby try one more time to tirement. Lee's life story is a Horatio Alger to run for the U.S. House of Representatives, ordain and establish some common-sense story: Lee is a self-made man from humble primarily because of his deep concern over guidelines for the terminally whiny, guilt- origins, whose hard work, perseverance and continuation of the U.S. involvement in the ridden, delusional, victim-wanna-bes and integrity enabled him to climb to the heights of Viet Nam War. He quickly established himself grievance gurus. the corporate ladder in our nation's food in- as a leader in the ultimately successful effort We hold these truths to be self-evident: dustry. to end the U.S. involvement, and was elected That a whole lot of people are dreadfully Lee entered the food business at the age of Chairman of Members of Congress for Peace confused by the Bill of Rights, and could 18, beginning on the first rung of the ladderÐ benefit from a ‘‘Bill of No Rights.’’ Through Law, later known as the Arms Control ARTICLE I: You do not have the right to the slaughtering floor of a Swift and Company and Foreign Policy Caucus. a new car, big screen TV or any other form meat packing plant. Lee rose from the assem- In 1973 he joined the Committee on Interior of wealth. More power to you if you can le- bly line to numerous management positions, and Insular Affairs, where I had the pleasure gally acquire them, but no one is guarantee- ultimately becoming President of Swift and of serving with him for a number of years. As ing anything. Company. a member of that committee he played a lead- ARTICLE II: You do not have the right to Throughout the remainder of his forty-five ing role in the 6-year battle to enact federal never be offended. This country is based on year career, Lee would become president of legislation to restore damage caused by sur- freedom for everyone—not just you! You many other leading food companies, including may leave the room, turn the channel, ex- face coal mining and prevent further environ- press a different opinion, etc., but always re- Beatrice Meats; Armour Swift-Eckrich; and mental degradation, which culminated with en- member the world is full of offensive idiots. ConAgra Refrigerated Foods Companies. actment of the Surface Mining Control and ARTICLE III: You do not have the right to While pursuing a very successful business Reclamation Act of 1977. As Chairman of the be free from harm. If you stick a screwdriver career, Lee acquired academic degrees from E1662 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 Southern Illinois University and from the Uni- and sacrifice with a Medal of Valor that carries tournament at Williamsport, Pennsylvania versity of Virginia. He also served his country the full weight of the Congress and the Presi- undefeated and won its first Little League in the U.S. Army, having been stationed in dent of the United States. Mr. Speaker, I World Series championship. Additionally, Germany for three years. strongly support our military and our dedicated Toms River East became the first New Jersey His ability to develop strategic visions for soldiers, sailors, and marines, but I think we team to win the championship since 1975 and the many companies he ran, also benefited must constantly be reminded that we have a the first U.S. team to win since 1993. the meat and poultry industry as a whole, dur- corps of domestic defenders who are deserv- Toms River East secured the championship ing Lee's five-year term as an officer of the ing of the same level of support and attention. from the team from Japan by a score of 12± American Meat Institute. A long-time AMI di- As our military defenders are honored for gal- 9. Chris Cardone, who was 1 for 10 coming rector, Lee was selected by his industry col- lantry above and beyond the call of duty, so into the final game, slugged home runs in con- leagues and competitors to help lead the in- too should we honor our corps of domestic de- secutive at bats to propel Toms River East to dustry's national trade association and was fenders. the title. elected AMI's Chairman of the Board in 1992. Of course, any of you who are familiar with Also starring in the game was Todd Frazier Mr. Speaker, it is my great pleasure to pay the first responder community will remark that who had four hits in four at bats including a tribute to Lee Lochmann. His leadership has they are probably the last group of people to home run and earned a save in the champion- undergirded his successful career and made stand on formality and decoration. Most of ship game. him a widely respected and admired leader in them would, on their day off, put their lives at This past weekend, 40,000 fans, friends and the food industry. I only hope that Lee and his risk to save even a cat in a tree, and they family members gathered to welcome the family derive as much satisfaction from his re- would do so without hesitation. Earlier this champions home at a parade in their honor. tirement years, as he has given to the food in- year, Mr. Speaker, our District of Columbia After the speeches were concluded, a ques- dustry during his forty-five year career. Fire Department lost a firefighter, Sergeant tion was posed to team manager Mike Gaynor f John Carter. It is both tragic and typical of the on his feelings about the magical run to the first responder community that Sergeant championship. Coach Gaynor summed up the STATEMENT ON H.R. 4090—PUBLIC Carter came in to work before his shift started experience `às the time of his life.'' SAFETY OFFICER MEDAL OF to respond to that fire. Mr. Speaker, this kind Mr. Speaker, I salute the Toms River East VALOR of dedication is beyond our power to ade- Little League team in winning the Little League quately commemorate even on the House World Series and to all Little Leaguers around HON. CURT WELDON Floor. the world who participated and upholding the In my own Congressional District in Octo- OF PENNSYLVANIA Little League Pledge of ``win or lose, I will al- ber, Mr. Speaker, the Malvern Fire Company IN THE HOUSE OF REPRESENTATIVES ways do my best.'' will dedicate a monument to their fallen first f Wednesday, September 9, 1998 responders. Across the country, communities Mr. WELDON of Pennsylvania. Mr. Speaker, will recognize the 94 fire and emergency serv- THE MEDICARE REHABILITATION in October of 1996, Captain Brian Alkire of the ices personnel who have lost their lives in BENEFIT EQUITY ACT OF 1998 Sheffield Township, Indiana Fire Department connection with their duties as a public safety ran into a raging structure fire to warn seven officers this year. This number I'm sure, is HON. FORTNEY PETE STARK supplemented half-again by fallen law enforce- other firefighters of a fire burning in the attic OF CALIFORNIA ment officers. I am pleased then, Mr. Speaker, above them. Before he was able to escape IN THE HOUSE OF REPRESENTATIVES with the last firefighter, the roof collapsed, to give my full support to H.R. 4090, the Pub- trapping him and Firefighter Louis Lawson in lic Safety Officer Medal of Valor. While we Wednesday, September 9, 1998 the burning building. Even though he lost his cannot, in the words of Abraham Lincoln, with Mr. STARK. Mr. Speaker, I am pleased to protective headgear in the collapse, Captain our poor power add or detract from the gal- introduce the Medicare Rehabilitation Benefit Alkire continued to search the toxic, super- lantry of their work with our actions, we can Equity Act of 1998. This bill will ameliorate the heated, and smokey room for his colleague honor first responders with a Medal that will impacts on seniors needing outpatient rehabili- before emerging from the structure completely identify them as heroes to all Americans. tation services of coverage limits on those on fire. He saved the lives of those seven fire- While it would be impossible to name every services imposed by the Balanced Budget Act fighters, but as a result of his efforts he re- first responder deserving of this award let me, of 1997 (BBA). Dollar limitations on services ceived several weeks in the Wishard Burn Mr. Speaker, conclude my remarks by offering will be replaced by a patient classification sys- Unit, numerous skin-grafting surgeries, and the names of fourteen first-responders, in ad- tem effective July 1, 2000. months of occupational therapy. dition to those already mentioned, who would Between 1990 and 1996 Medicare expendi- In May of 1998, Baltimore Police Officer be a good place for the newly formed commit- tures for outpatient rehabilitation therapy rose Marc Camarote rushed into a working struc- tee to start: Louis GiancursioÐRochester, NY; 18 percent annually, totaling $962 million in ture fire protected only by his service uniform Mark E. GardnerÐBaltimore, MD; Anthony W. 1996. During that time, outpatient rehabilitation to rescue two people from a blaze that demol- RiveraÐSan Francisco, CA; Robert spending shifted substantially away from hos- ished the entire house. February 1, 1997 CrabtreeÐCarboro, NC; Jeffery A. BarkleyÐ pitals and toward rehabilitation agencies and found Firefighter Martin Gotte in a burning Phoenix, NY; John BarrettÐBronx, NY; Wil- comprehensive outpatient rehabilitation facili- building across the street form his firehouse, liam BenevelliÐBoston, MA; Eric BrittonÐ ties (CORFs). Payments to agencies and his arms around a little girl whom he rushed James Island, SC; Myles BurkeÐPhiladelphia, CORFs rose at an average annual rate of 23 from certain death to the skilled hands of first PA; William CallahanÐBronx, NY; Robert Fos- percent and 35 percent, respectively. responders who resuscitated her back to life. terÐFort Worth, TX; Landon WestÐFort The BBA enacted substantial changes in Lieutenant Walter E. Webb from Washington, Worth, TX; Mike LachmanÐFort Worth, TX; Medicare's payment policies for outpatient re- D.C.; Lieutenant Earnest B. Copeland from and Cody StilwellÐFort Worth, TX. habilitation services. Two limits are imposed Dallas, Texas; Firefighter Anthony Glover, f on outpatient rehabilitation servicesÐcoverage Nashville, Tennessee; the list goes on and on. TRIBUTE TO THE LITTLE LEAGUE for physical and speech therapy is capped at In fact, Mr. Speaker, I could fill the RECORD WORLD SERIES CHAMPIONS, THE $1,500 per beneficiary per year; coverage for today with names and stories about first re- TOMS RIVER EAST LITTLE occupational therapy is subject to a separate sponders who have showed such great valor LEAGUE TEAM cap of $1,500. The limits will become effective that it might rival the volume of the federal tax for services rendered after January 1, 1999. code. Every day across America the story is Rehabilitation services furnished in hospital the same, public safety officers, be they fire- HON. JIM SAXTON outpatient departments are excluded from the fighters, emergency services personnel, or law OF NEW JERSEY caps. enforcement officials, leave their families to IN THE HOUSE OF REPRESENTATIVES Unfortunately, these dollar limits do not take join the thin red and blue line that protects us Wednesday, September 9, 1998 into account patient characteristics such as di- from harm. They put their lives on the line as Mr. SAXTON. Mr. Speaker, I rise today to agnosis or prior use of inpatient and outpatient a shield between death and the precious gift salute the Little League World Series Cham- services. Implementation of the limits will have of life. pions, Toms River East Little League team. a disproportionate effect on the most vulner- It is proper then, if not perhaps a bit late, The 11 and 12 year olds from Toms River, able Medicare beneficiaries and may place a that we should commemorate their dedication New Jersey sailed through the Little League financial burden on some beneficiaries. CONGRESSIONAL RECORD — Extensions of Remarks E1663

The Medicare Payment Advisory Commis- Industries of Southeastern Wisconsin, Incor- September 9, 1998 into the CONGRESSIONAL sion recently examined the potential impact of porated, who is marking 50 years of service RECORD. the coverage limits and found that some pa- with the organization. RESPONDING TO GLOBALIZATION Words are a poor measure of Mr. Wright's tients were more likely to exceed the dollar Globalization is the way that the econo- limits than others. The Commission found that devotion and commitment to the Goodwill mies of various countries around the world hip fracture patients had the highest median movement and his generous contributions to are becoming increasingly linked through payments and stroke patients incurred the the community at large. His record is replete improved telecommunications and transpor- next highest payments. While Medicare spent, with accomplishments that underscore his be- tation networks. Over the past decade, world on average, about $700 per outpatient reha- lief in the power of work and the American trade has grown twice as fast as the world bilitation patient in 1996, half of all stroke pa- Dream. economy. Numerous companies around the tients exceeded the $1,500 physical and In 1948, Mr. Wright joined the board of di- globe are spending several trillion dollars rectors of Goodwill Industries of Southeastern annually on factories and other facilities in speech therapy limit. In contrast, less than 20 countries other than their own. And finan- percent of patients with back disorders ex- Wisconsin at the age 27. As a result of his un- failing dedication to helping others, he was cial market reforms combined with new in- ceeded the physical and speech therapy limit. formation technologies enable traders In 1996 about one-third of patients treated in named chairman of the organization in 1959. around the world to exchange hundreds of non-hospital settings (rehabilitation agencies Under Mr. Wright's stewardship, Goodwill billions of dollars worth of stocks, bonds, and CORFs) incurred payments in excess of Industries of Southeastern Wisconsin has ex- and currencies every day. $1,500 for outpatient physical and speech panded its mission by administering Employ- The increased trade and foreign invest- therapy or $1,500 for occupational therapy. ment Solutions of Milwaukee, Inc, a Wisconsin ment from globalization can enrich America Half of the patients affected by the limits ex- Works (W±2) welfare program that places wel- by increasing our economic efficiency, in- fare recipients into jobs. As a component part creasing returns on investments, and creat- ceeded them by $1,000 or more. ing higher paying export jobs. However, The Medicare Rehabilitation Benefit Equity of W±2 Goodwill also administers the Team Parenting pilot program that supports and while globalization holds the promise of Act will minimize the inequity and disruption of many benefits for American workers, it is the BBA limits without affecting the program strengthens the emotional and financial ties of families. also a disruptive force as U.S. workers in savings. It requires the Department of Health various industries face tough competition In 1994, goodwill Industries of Southeastern and Human Services to develop and imple- from countries where pay and labor stand- Wisconsin placed 2,222 individuals in the ment an alternative coverage policy of out- ards are much lower. Policy changes will be workforce. This achievement earned the orga- patient physical therapy services and out- needed to soften the negative impact of nization the 1994 Goodwill Industries Inter- patient occupational therapy services. Instead globalization on communities and individ- national Outstanding Job Placement Services of uniform, but arbitrary, dollar limitations, the uals. Award. alternative policy would be based on classi- RESPONDING TO THESE CHANGES A Milwaukee native and WWII veteran who Although some of the reactions to fication of individuals by diagnostic category served on three navy vessels, Mr. Wright and prior use of services, in both inpatient and globalization may overstate the threat, holds that individuals achieve the American there are some very valid concerns about its outpatient settings. Dream by empowering themselves through impact. These are some of the concerns and The Medicare Rehabilitation Benefit Equity work, which reveals the individual's potential. possible ways to respond: Act also requires that the revised coverage In keeping with this creed, Goodwill of South- Equity policy of setting durational limits on outpatient eastern Wisconsin established the James O. One concern about globalization is equity. physical therapy and occupational therapy Wright Award to recognize employers, volun- The benefits of globalization are often de- services by diagnostic category be imple- teers, and organizations who assist the dis- rived from increased specialization in an mented in a budget-neutral manner. The pay- abled in seeking their right to work. economy. In advanced industrial economies ment methodology will be designed so as to Mr. Wright's benevolence also extends be- such as ours, this means that lower-skill jobs result in neither an increase nor decrease in yond his good works for Goodwill and his po- may be lost to imports from developing countries while higher-skilled sectors pros- fiscal year expenditures for these services. sition as chairman of Badger Meter Inc., one Current law provisions to adjust the annual per. Although globalization should have an of Milwaukee's top industries. He has cham- overall positive effect on our economy, it coverage limits on outpatient rehabilitation pioned Urban Day School, a small independ- will tend to drive down the wages of lower therapy services by the medical economic ent school in Milwaukee's central city. Struck skilled workers in the U.S. index (MEI), beginning in 2002, are retained. by the school's innovations in educating dis- Response: We can and should strengthen The Medicare Rehabilitation Benefit Equity advantaged youth, Mr. Wright led a fund drive and improve the social safety nets that have Act recognizes that the Department of Health to raise $1.5 million for school scholarships, served American society well for decades. and Human Services' Health Care Financing repairs and teacher salaries. When the fund These include worker protections such as un- Administration currently lacks the data nec- employment insurance, job retraining pro- drive faced a $5,400 shortfall, Mr. Wright grams for workers who lose their jobs due to essary to implement a coverage policy based tapped the foundation at Badger Meter to on a patient classification system on January trade, and support for education and training make up the difference. The school has now programs that will build a smarter, more 1, 1999. It further recognizes that assuring established the (W)right Stuff program which productive workforce. services for Medicare beneficiaries in the year brings Mr. Wright together with 9- to 12-year- Environmental and Labor Standards 2000 is HCFA's number one priority. For these old African Americans for tours of his com- In developing countries, globalization can reasons, a phased transition to a patient clas- pany and discussions centering on jobs and lead to worsening labor and environmental sification coverage policy is necessary. the professional world. standards, at least in the short term. The in- I urge my fellow Members of Congress to Notwithstanding these notable accomplish- creased mobility of investment makes it join me in support of the Medicare Rehabilita- ments, Mr. Wright also has generously contrib- easier for industries to move to poorer coun- tion Benefit Act of 1998. Together we can en- uted his time to the community by serving on tries, where they may take advantage of lax sure that implementation of the BBA dollar lim- the Mequon-Thiensville School Board for 18 worker protections or environmental regula- its on outpatient rehabilitation services will not years. tion. disproportionately affect our most vulnerable Mr. Speaker, it is with a great sense of Response: Over time, globalization actually helps address these problems on its own. Medicare beneficiaries. honor that I bring before you a commendation By generating wealth and raising employ- f for Mr. James O. Wright, who marks with ment in those countries, more affluent citi- Goodwill a half century of leadership, commit- TRIBUTE TO JAMES O. WRIGHT, zens become more willing and able to de- ment and service. mand higher labor and environmental pro- CHAIRMAN OF GOODWILL INDUS- f tections. But we should also continue to im- TRIES OF SOUTHEASTERN WIS- plement and enforce international labor and CONSIN, INC. RESPONDING TO GLOBALIZATION environmental agreements, such as the labor standards promoted by the International HON. GERALD D. KLECZKA HON. LEE H. HAMILTON Labor Organization and the Kyoto Conven- OF WISCONSIN OF INDIANA tion on greenhouse gases. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Volatility Wednesday, September 9, 1998 Wednesday, September 9, 1998 The current Asian economic crisis has its roots in globalization. Over the last thirty Mr. KLECZKA. Mr. Speaker, I rise today to Mr. HAMILTON. Mr. Speaker, I would like to years, investment has poured into developing honor James O. Wright, chairman of Goodwill insert my Washington Report for Wednesday, countries. This led to spectacular growth in E1664 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 East Asia. Now the world has learned that SALUTE TO 10 BAY AREA persuaded residents and their legislators capital that flows in quickly can flow out ENVIRONMENTAL LEADERS that the Bay Area is full of natural treasures just as quickly. Global economic instability worth preserving. of this nature affects the U.S. economy too, It was our responsibility—and to our bene- hurting our exports and damaging invest- HON. GEORGE MILLER fit—to treat them and their deeds with re- ments. OF CALIFORNIA spect. IN THE HOUSE OF REPRESENTATIVES They saw where disregard of the environ- Response: Many economists have proposed ment would lead. They grabbed the wheel restrictions on short-term investment to ad- Wednesday, September 9, 1998 and insisted we change course. They resolved dress this problem, such as a very small tax Mr. MILLER of California. Mr. Speaker, I to preserve the integrity of the Bay Area so on international financial transactions, rise to pay tribute to ten outstanding environ- that it would still be noted for its uniqueness which would make investors more reluctant mental leaders in the San Francisco Bay Area and its beauty for generations. We thank these people, these visionaries, to move their money from place to place who recently were rightly named by the Contra quickly. Overall, we need to take steps to for their efforts. Indeed their sweat equity Costa Times as ``Ten Natural Treasures.'' manage the global economy more carefully. has paid off. This can be done, though not easily, through These men and womenÐsome of them my Yet despite their youthful energy, these institutions such as the International Mone- constituents, some activists with whom I have trailblazers won’t be leading the charge much longer. Their ages attest to that. tary Fund and new cooperative agreements had the honor to workÐhave fought tena- Looking beyond the next few years, we won- on regulating global economic activity. ciously to protect and preserve not only the resources and the environment of the Bay Area, der whether the next generation is up to the Revenue concerns but also the health and safety of the millions task. Will leaders come forward to carry the banner into the next millennium? When money can be moved easily across of people who call this very special region our The answer, of course, must be yes. Other- borders, it becomes very tempting for cor- home. Their vision and their dedication estab- wise, all of the work of these environmental porations to place their assets in ‘‘tax ha- lish how determined individuals can change pioneers will have been in vain. vens,’’ that is, countries with very low cor- our society for the better, and preserve its Environmental issues of tomorrow include porate tax rates. This in turn can lead gov- treasures for generations to come. safe and sufficient water supply, suburban ernments to compete to reduce corporate I would like to submit the August 31, 1998 sprawl, the competing needs of endangered taxes, which means they must rely more editorial from the Contra Costa Times, and species and private property rights, old growth forests, our oceans, and the biggie, heavily on income taxes on individuals. And, ask all my colleagues to join in recognizing with lower tax revenue, this reduces the abil- overpopulation. these outstanding environmental leaders. The challenges are plenty and the opportu- ity of countries to respond to the other dis- nities grand for those with the courage, te- ruptions of globalization. TEN NATURAL TREASURES Last week Times staff writer James nacity, devotion and vision to accept them. Response: New international agreements We salute these men and women and sug- Bruggers profiled 10 Bay Area environ- and standards on tax policies and regulating gest that they are in and of themselves, mentalists—citizen activists—who have left treasures. investment can help minimize this effect. an indelible mark on this glorious area. They Eventually, governments are likely to find are residents who made a tremendous dif- f that agreements on harmonizing financial ference in the landscape—literally and figu- regulations will make it easier to eliminate ratively. CENTERS OF EXCELLENCE: A WAY tax evaders. Their efforts have changed how we think TO SAVE LIVES AND DOLLARS about open space, clean water and the ecol- AN INEXORABLE PROCESS ogy of our home. HON. FORTNEY PETE STARK Some of them—such as David Brower—are There is a parallel between the economic OF CALIFORNIA forces which shook the United States early national stars of the movement. Others have IN THE HOUSE OF REPRESENTATIVES this century and those we are confronting made just as significant contributions but at today. For most of the 19th century, the a more local level. Wednesday, September 9, 1998 For the record, they are: economies of our various states were isolated David Brower, 86. He’s considered the pa- Mr. STARK. Mr. Speaker, Congress should and independent. However, rapid technology triarch of the American environmental enact legislation to allow Medicare to con- changes, driven by railroads and telegraphs, movement. Once a leader of the Sierra Club, centrate certain difficult surgical procedures in resulted in a nationalization of the economy. he parted ways with the group in 1969 and hospitals of special excellence in those proce- Suddenly, workers became concerned about formed Friends of the Earth and Earth Is- dures. If we did this, we would certainly save conditions and competition from neighbor- land Institute. lives because the data is overwhelming that ing states. Unregulated capital went stream- Margaret Tracy, 75. She cofounded the Pre- some hospitals do difficult procedures better ing into frontier ventures, leading to a series serve Area Ridgelines Committee, envision- of banking panics. The answer, clearly, was ing a network of trails connecting East Bay than other hospitals. Better patient outcomes not that the railroads could be torn up or open spaces. also means savings to Medicare by the avoid- that telegraph lines be pulled down. Instead, Dwight Steele, 84. He was a successful law- ance of complications and repeat surgery. It Americans found new ways to regulate pro- yer who chucked it all to devote his legal also offers the chance for Medicare to nego- duction and manage the national economy. mind to environmental laws through pro- tiate a bundled, lower payment: Medicare will And the result was the creation of the most bono work. He fought to keep San Francisco guarantee a higher volume of patients in ex- efficient wealth-producing economy the Bay waters open and Lake Tahoe free of pol- change for volume price discounts. world has ever seen. lution. I've introduced legislation to establish a Silvia McGlaughlin, 81. She helped found The challenge today is to find new ways of the Save San Francisco Bay Association, es- Centers of Excellence program, HR 2726, cooperating in the global economy. That in- sentially protecting it from infill and devel- which I hope can be enacted in the next Con- cludes reinvigorating and improving the opment. gress. tools of international cooperation that have Robert Stebbins, 83. His scientific work The Annals of Surgery's July 1998 issue served as well over the last 50 years. Instru- was the basis for the California Desert Pro- contains an article which proves, once-again, ments such as the International Monetary tection Act, passed Congress in 1994. what a life-saver this type of program can be. Fund, the World Trade Organization, and Mary Bowerman, 90ish. A co-founder of Following is the abstract of the article, describ- Save Mount Diablo, she is a botanist who new international environmental and labor ing using centers of excellence for agreements will have to be strengthened to worked to expand the Mt. Diablo State pancreaticoduodenectomyÐa ``complex, high- cushion us from the inevitable shocks. Park’s lands. Will and Jean Siri, late 70s. They fought risk general surgical procedure usually per- CONCLUSION for environmental justice in poor East Bay formed for malignancies of the pancreas'' and communities. The Siris helped give residents Our number one concern in this increas- duodenum area: living near refineries a political voice. STATEWIDE REGIONALIZATION OF ingly globalized economy is jobs—good and Manfred Lindner, 78. He pressed for Morgan PANCREATICODUODENECTOMY AND ITS EF- secure jobs for Americans. We must pursue Territory and Las Trampas regional parks. policies that continue to promote economic Edgar Wayburn, 91. He tenaciously pushed FECT ON IN-HOSPITAL MORTALITY growth and improve living standards. Just as for establishing Point Reyes National Sea- OBJECTIVE Americans in the last century successfully shore in Marin County and the Golden Gate This study examined a statewide trend in found ways to master the economic forces of National Recreation Area in Marin and San Maryland toward regionalization of that day, so Americans now must find ways Francisco. pancreaticoduodenectomy over a 12-year pe- to master, and not resist, the forces of to- These 10 individuals left their footprints on riod and its effect on statewide in-hospital day’s global economy. the West. They fought, argued, lobbied and mortality rates for this procedure. CONGRESSIONAL RECORD — Extensions of Remarks E1665 SUMMARY BACKGROUND DATA Erika Kristine David is the youngest daugh- After college, Jerry soon established a rep- Previous studies have demonstrated that ter of Enrico and Tess David of Mangilao, utation as an expert in the field of winter sport- the best outcomes are achieved in centers Guam. She is a fourth grade student at the ing equipment. Skiers in our area came to rely performing large numbers of Price Elementary School on Guam. Her art on Jerry's professional assistance and wis- pancreaticoduodenectomies, which suggests teacher Vicky Loughran and her father Enrico that regionalization could lower the overall dom. He made this sport available to many in-hospital mortality rate for this procedure. traveled to Washington, DC, to attend the who otherwise would never have experienced METHODS ChildArt USA Exhibition. Her favorite subject is its thrills, including amputees for whom he Maryland state hospital discharge data art and music and when she grows up she adapted ski equipment. were used to select records of patients under- wants to be an artist or a singer. Her other The strength of Jerry's personal character going a pancreaticoduodenectomy between hobbies are spending time with her family and was forever a part of his life. He and Georgia 1984 and 1995. Hospital is were classified into pets, reading, traveling, practicing art, listening were married on June 19, 1961 and their high-volume and low-volume provider to music and snorkeling. The theme of her art- union remained strong until his passing. As a groups. Trends in surgical volume and mor- work, My World in the Year 2000, depicts peo- caring entrepreneur and devoted family man, tality rates were examined by provider ple of the world enjoying a healthy and good he served as an outstanding role model for groups and for the entire state. Regression life. People feeling safe outdoors, exercising, analyses were used to examine whether hos- many. pital share of pancreaticoduodenectomies barbecuing, picnicking and having fun in the On a personal note, Jerry Mikacich was one was a significant predictor of the in-hospital sun and in the water. of my most valued friends since the early days mortality rate, adjusting for study year and It is with great pride that today I honor Erika of my career in public service. He was always patient characteristics. The portion of the Kristine David from Guam, whose artwork has there for me and his assistance was tireless decline in the statewide in-hospital mortal- not only exposed the talent and artistry of the and very much appreciated. My thoughts and ity rate for this procedure attributable to people of Guam, but also whose art has been prayers are with Jerry's wife Georgia, his the high-volume provider’s increasing share brought here in the Nation's Capital for all mother Lottie Munizich Mikacich, his four chil- was determined. people to enjoy. Erika, along with other young dren, and all the rest of his family during this RESULTS artists collaborated with professional adult art- most difficult of times. A total of 795 pancreaticoduodenectomies ists to create a unique 16 ft. x 24 ft. mural on Mr. Speaker, I ask all of my colleagues to were performed in Maryland at 43 hospitals the National Mall. The theme of the mural is from 1984 to 1995 (Maryland residents only). join with me today in remembering a gracious During this period, one institution increased America 2000. and generous man, as well as a very dear its yearly share of Because of organizations such as ``The friend, Jerry Mikacich. pancreaticoduodenectomies from 20.7% to International Child Art Foundation (ICAF),'' a f 58.5%, and the statewide in-hospital mortal- nonprofit group, dedicated to the promotion of ity rate for the procedure decreased from children's art and visual global learning, that IN RECOGNITION OF ST. LOUIS 17.2% to 4.9%. After adjustment for patient young artists like Erika Kristine David have CARDINAL MARK McGWIRE characteristics and study year, hospital been provided an outlet for their work. These share remained a significant predictor of young students' talent and artistry will be ac- HON. RICHARD A. GEPHARDT mortality. An estimated 61% of the decline knowledged by all who enjoy the arts and in the statewide in-hospital mortality rate OF MISSOURI for the procedure was attributable to the in- praised by those organizations whose mission IN THE HOUSE OF REPRESENTATIVES is to promote arts for the people. crease in share of discharges at the high-vol- Wednesday, September 9, 1998 ume provider. Finally, I would like to take this opportunity CONCLUSIONS to honor Erika Kristine David's artwork and to Mr. GEPHARDT. Mr. Speaker, I rise to sa- A trend toward regionalization of highlight the artistic talents of the young stu- lute Mark McGwire and his awesome feat in pancreaticoduodenectomy over a 12-year pe- dents of Guam. setting a new, single-season home run record. riod in Maryland was associated with signifi- f Throughout this season, Americans have cant decrease in the statewide in-hospital been treated to one of the most incredible REMEMBERING PETER ‘‘JERRY’’ mortality rate for this procedure, dem- sporting achievements of our lifetime. The sin- MIKACICH onstrating the effectiveness of regionaliza- gle-season home run mark of 61 stood as per- tion for high-risk surgery. haps the most awesome feat in baseball his- f HON. ROBERT T. MATSUI tory. I feel privileged to have been able to wit- OF CALIFORNIA ness Mark McGwire in action this yearÐevery HONORING GUAM’S ARTIST, ERIKA IN THE HOUSE OF REPRESENTATIVES KRISTINE DAVID, DURING THE baseball fan in America knows that they have CHILDART USA EXHIBITION Wednesday, September 9, 1998 seen something special in 1998. Mr. MATSUI. Mr. Speaker, I am honored to Roger Maris set that record 37 years ago, HON. ROBERT A. UNDERWOOD rise in tribute to the late Gerald Peter ``Jerry'' topping perhaps the most impressive achieve- Mikacich of Sacramento, California. As a be- ment of Babe Ruth, the best all-around player OF GUAM ever to take the field in professional baseball. IN THE HOUSE OF REPRESENTATIVES loved husband, father, and friend to many, Jerry Mikacich will be remembered as one of Watching McGwire's pursuit of 62 home runs, Wednesday, September 9, 1998 our community's must active and giving citi- placing him among icons like Ruth and Maris, Mr. UNDERWOOD. Mr. Speaker, on July zens. has been a pure joy to witness. 24, 1998, the International Child Art Founda- Today, Jerry will be eulogized at a memorial Mark McGwire is not only an outstanding tion (ICAF) announced that young Erika Kris- Mass in his hometown. I ask all of my col- athlete, he is also a man whose conduct epito- tine David's artwork has been selected for the leagues to join with me in paying tribute to this mizes good sportsmanship. He has remained ChildArt USA Exhibition. This exhibition was incredibly caring man whose goodwill will in- focused on his goal in the face of a media on display from September 5±8 in the Atrium deed be his lasting legacy. frenzy and a sea of exploding in flash bulbs. Hall of the Ronald Reagan Building and Inter- A native of Northern California, Jerry And he did it with amazing grace and real national Trade Center in Washington, DC. Mikacich was born in Sacramento on May 10, class. Young Erika is one of the fifty talented child 1930. He was an active student, athlete and The chase showed something special about artists whose work has been selected for this Eagle Scout before he graduated from Chris- Mark McGwire. But it also showed me some- exhibition. tian Brothers High School in 1948. Then, he thing special about the people of St. Louis. The artwork was selected from an outreach enrolled at Sacramento Junior College which The fact that seven very lucky fans gave up program to elementary and middle schools of is Sacramento City College today, and eventu- progressively larger amounts of money, return- nearly every school district in the country. The ally San Jose State. ing their souvenir home runs balls to Number participants are young students ranging from Since the 1940s, Jerry had a reputation as 25, showed that Cardinals fans truly are, as ages 8 to 12 years old, who submitted their an avid skier, beginning in childhood and blos- Baseball America called them, the Best Base- artwork based on the theme: My World in the soming into a long-term career as a ski shop ball Fans in America. These fans showed their Year 2000. Fifty child artists, representing 30 proprietor. Throughout college, Jerry was true spirit when they stood and cheered not states, the District of Columbia, Puerto Rico, known to be a great fan of skiing and an ex- only for St. Louis' own Mark McGwire, but also and Guam, were invited by ICAF to attend the ceptional athlete. In fact, Jerry first came to for that great athlete, the Cub's, Sammy Sosa. ChildArt USA Festival and Exhibition opening know his future wife Georgia on the ski Mr. Speaker, I could not be more proud to on the Labor Day weekend. slopes. say I am from St. Louis, and I could not be E1666 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 more proud to say I am a Cardinals fan. Federal agencies maintain many computer and now to the correction of it. The federal Thank you and congratulations Mark McGwire. systems that manage large databases, con- government will not be able to guarantee f duct electronic monetary transactions, and that every computer can be fixed on time, control numerous interactions with other but it is beginning to manage the risks. The FIXING THE YEAR 2000 COMPUTER computer systems. The primary focus is to government and industry have many im- PROBLEM fix all of the 7,300 ‘‘mission-critical’’ systems provements to make before the year 2000. necessary to continue these activities. A re- While the task is large and tedious, our com- cent report concluded that 55% of the repair puters must be Y2K compliant for the elec- HON. LEE H. HAMILTON work is complete, but progress varies greatly tronics aspects of life to continue as normal. OF INDIANA by agency. The Social Security Administra- f IN THE HOUSE OF REPRESENTATIVES tion expects to be ready for the year 2000 by Wednesday, September 9, 1998 January 1999 to ensure that Social Security WHY WE SHOULD QUESTION HOS- checks continue to go out on time. Other PITAL HOME HEALTH REFER- Mr. HAMILTON. Mr. Speaker, I would like to agencies are expected to be on a tight sched- insert my Washington Report for Wednesday, ule to meet the year 2000 deadline, and still RALS August 26, 1998 into the CONGRESSIONAL others will probably not make it. RECORD. State and local governments are generally HON. FORTNEY PETE STARK acting more slowly in response to the Y2K OF CALIFORNIA FIXING THE YEAR 2000 COMPUTER PROBLEM problem. Some states have begun planning Much has been written in recent months Y2K conversions, but last year only 19 were IN THE HOUSE OF REPRESENTATIVES about the so-called Year 2000 computer prob- beginning to implement the plans. Many lo- Wednesday, September 9, 1998 lem. The difficulty arises because the com- calities are not emphasizing Y2K repairs, ei- puter software coded to mark the years uses ther for a lack of resources or awareness. Ex- Mr. STARK. Mr. Speaker, on August 6, the only two digits. If the appropriate adjust- perts warn that state and local computer Ways and Means Health Subcommittee held a ments are not made when New Years 2000 systems, even if repaired, may not be com- hearing on the problems facing home health rolls around, many of these systems will patible with federal systems or may con- agencies because of payment changes made jump back to the year 1900, causing disrup- taminate Y2K compliant systems with non- in the Balanced Budget Act of 1997. tions in government and private sector oper- Y2K compliant data. In 1997, state and fed- In theory, for good and honest agencies, the ations, here and abroad. eral officials met to develop a set of standard BBA should not have created problems. It sim- Not many people talk to me about their practices to minimize risks involved in fears of chaos in the world’s computer sys- intergovernmental data exchanges. Several ply asks home health agencies (HHAs) to tems in the year 2000. I suspect that most local government associations have also practice the type of care they practiced in people don’t take those fears too seriously launched an awareness campaign to aid lag- 1994, before many HHAs greatly increased and simply believe that the technicians can ging localities. their number of visits per patient and their solve it. But with the year 2000 now only PRIVATE SECTOR RESPONSE costs per visit. The theory assumed, of about five hundred days away, it has become course, that HHAs are serving the same kind clear that the United States needs to move Businesses will also have to become Y2K more quickly to address the problem. Fed- compliant if they are to avoid disruptions in of patients they received in 1994. eral and state governments as well as busi- their operations and transactions with gov- But between 1990 and 1996, the number of nesses are making progress, but more needs ernments and other private entities. The fed- HHAs owned by hospitals nearly doubled, and to be done if we are to avoid significant dis- eral government is working actively with today, about half the nation's hospitals own ruptions in our economy. certain critical industries, including trans- HHAs. portation, communications, health care, and THE PROBLEM financial institutions, to meet government So what, you say? At the August 6 hearing, The Year 2000 problem, also known as Y2K standards in Y2K compliance. The Federal one independent HHA testified, saying what or the Millennium bug, has become an im- Reserve Board is preparing for the worst case several HHAs have told me privately: portant issue in the past few years. The scenario but is expecting most major banks As a freestanding agency, Great Rivers cause of the concern is that many computers to be Y2K compliant by the new millennium. Home Care receives few referrals from hos- store dates using two-digit numbers rather Current estimates suggest that 85% of in- pitals since most have their own home than four: 98 for 1998 and 00 for 2000. This dustrial software will be fixed or replaced by health agencies. Our experience is that the makes 2000 indistinguishable from 1900, caus- the year 2000, at a total cost of at least $300 hospitals refer the short term, less complex ing date sensitive systems to malfunction or billion. Congress is considering several meas- cases to their own agencies and the sicker, stop working completely. Government agen- ures to help the private sector address the more costly, long term patients are then cies, private sector businesses, and individ- Y2K problem. One bill seeks to promote open cared for by agencies like ours. uals all face significant problems if their sharing of information about Y2K solutions I do not know the quality of care provided computer systems are not Y2K compliant. by protecting those businesses that share in- The breakdowns could be minor, but they formation in good faith from lawsuits. An- by Great Rivers, but I do know they dared say could also disable air traffic control systems, other measure would seek to limit the liabil- what others are only saying privately. Before financial networks, power grids, hospitals, ity that a company can face if its products we casually throw more money at the home home appliances and many other computer are not year 2000 compliant. health sector, we should ask whether there is systems. a self-referral abuse that is causing serious The Year 2000 problem can be fixed by the EFFECT ON PRIVATE CITIZENS time-consuming and costly process of check- The Y2K problem also may present difficul- distortions in this part of Medicare. ing each program for potential errors. Mil- ties for the average citizen. Many electronic f lions of lines of software code must be ren- devices, including automobiles, cameras, ovated for every computer system. In addi- televisions, and cellular phones, are not ex- TRIBUTE TO THE WOODLAKE GOT- tion, billions of embedded chips currently in pected to cause problems. There may, how- A-JOB SUMMER YOUTH PROGRAM use must be inspected for Y2K compliance, ever, be problems, with fax machines, pagers, and an estimated 1–5% of those chips will telephones, video recorders, and especially HON. GEORGE P. RADANOVICH probably have to be replaced. No universal personal computers. The Y2K compatibility solution can be created to fix each system, of personal computer software varies by the OF CALIFORNIA and nobody knows how much it will cost to program, so consumers are advised to call IN THE HOUSE OF REPRESENTATIVES solve the problem. One estimate is that U.S. the manufacturer to find out about specific Wednesday, September 9, 1998 businesses will spend $50–300 billion and that programs and insist on in-store tests when the U.S. government will have to spend $5–30 purchasing new software. Experts also sug- Mr. RADANOVICH. Mr. Speaker, I rise billion to fix its computers. The worldwide gest that consumers keep accurate records of today to pay tribute to the Woodlake Got-A- bill for this massive repair effort may come finances and investments in the event that a Job Summer Youth Employment Program for between $300–600 billion. Correcting the prob- computer error occurs at your bank or the its commitment and dedication to the lives of lem will be further complicated by the fact IRS. youth throughout Southeastern Tulare County. that computer systems are increasingly CONCLUSION The Got-A-Job Summer Youth Employment interconnected—so that even if, for example, The federal government has been slow to a major business fixes its computers, those Program provides a valuable learning experi- recognize the seriousness of the problem. Ini- ence for youth in developing job skills for their very systems could break down as they tial warnings came in 1989 that the world interact with customers, clients and suppli- was headed for a computer crisis, but it was future. ers whose systems have not been fixed. not until the mid-1990s, after much prompt- The Got-A-Job Summer Youth Employment GOVERNMENTAL RESPONSE ing from Congress, that many federal agen- Program is funded and directed by Community The federal government has taken an ac- cies began to move, first from an awareness Services and Employment Training Incor- tive role in Y2K repairs for its own systems. of the problem, then to an assessment of it, porated. Woodlake Got-A-Job has taken a CONGRESSIONAL RECORD — Extensions of Remarks E1667 leading role in shaping positive values in Mancini. But, all jokes aside, Jim Mancini is a IN HONOR OF THE FAIRFAX COUN- young people's lives. Many large and small leader for whom I have the utmost respect TY FIRE AND RESCUE DEPART- businesses of Southeastern Tulare County and admiration. Our communities thank him MENT URBAN SEARCH AND RES- have met a vital community need by offering for his commitment to improving our quality of CUE TEAM to employ Woodlake Got-A-Job youth in a va- life. riety of work opportunity programs. The com- HON. THOMAS M. DAVIS f munity of Woodlake participates by donating OF VIRGINIA supplies and money to the Got-A-Job Program CONGRATULATIONS TO THE BA- IN THE HOUSE OF REPRESENTATIVES in support of their youth. KERSFIELD SOUTHWEST BASE- Wednesday, September 9, 1998 The Woodlake Got-A-Job Summer Youth BALL TEAM Employment Program offers job skills training Mr. DAVIS of Virginia. Mr. Speaker, it gives and confidence building exercises to teen- me great pleasure to rise today to pay tribute agers. The guidance and teachings offered by HON. BILL THOMAS to 62 distinguished citizens of the Eleventh this organization improves the economic OF CALIFORNIA District of Virginia, the members of the Fairfax health of the community and fosters a positive IN THE HOUSE OF REPRESENTATIVES County Fire and Rescue Department's Urban work ethic in tomorrow's leaders. Wednesday, September 9, 1998 Search and Rescue Team. Called Virginia Mr. Speaker, it is with great honor that I pay Task Force One, this brave team of men and tribute to the Woodlake Got-A-Job Summer Mr. THOMAS. Mr. Speaker, I rise to ac- women has served as our humanitarian dip- Youth Employment Program. The Got-A-Job knowledge the achievement of a group of lomats to cities in crisis. Summer Youth Program's commitment and young people in my District. On the weekend On August 7, 1998, the world was rocked dedication to the youth of Southeastern Tulare of August 22, 1998 in Purcellville, Virginia, the by twin explosions. The American Embassies County is commendable. I ask my colleagues Bakersfield Southwest baseball team com- in Nairobi, Kenya, and Dar es Salaam, Tanza- to join me in wishing the Woodlake Got-A-Job pleted a remarkable season and captured the nia were destroyed in tragic, unconscionably Program many more years of success. 16-year-old Babe Ruth World Series cham- cruel bombings that took the lives of innocent f pionship. East Africans and Americans. As we stared in We are thrilled with the great feats accom- numb disbelief at news reports that overflowed TRIBUTE TO JAMES J. MANCINI plished by this Bakersfield Southwest team. In with heart-wrenching images and constantly the past four years, the Southwest team post- rising death counts, Virginia Task Force One HON. JIM SAXTON ed an amazing 55±4 record in the Babe Ruth was already alerted and preparing for their OF NEW JERSEY league. In this year's World Series, Bakersfield daunting mission. was undefeated in winning the championship, IN THE HOUSE OF REPRESENTATIVES Within 12 hours of the bombings, Virginia which included a pair of two-hitters and a Task Force One was fully mobilized for de- Wednesday, September 9, 1998 masterful shutout in the finale. Bakersfield ployment to Africa. Less than 24 hours after Mr. SAXTON. Mr. Speaker, I rise today to Southwest also became the first team to win the explosions, as many of us were still grasp- pay tribute to a great community leader and back-to-back World Series championships in ing to understand this tragedy, the team was close friend, James J. Mancini of Long Beach their age group! All of this was done in a par- en route from Andrews Air Force Base to Township. On Friday, September 11, 1998, ticularly special year for Babe Ruth baseball Nairobi. Search and rescue technicians, cave- some of us will ``roast'' Jim by poking fun at since 1998 is the 50th anniversary of the in experts, physicians, paramedics, logisti- some of his more colorful characteristics. But, Babe's death. cians, and command and control personnel make no mistake, when it comes down to rep- But amidst all of these accomplishments, I comprised the 62-member Task Force, led by resenting the people of Ocean County, Jim am most proud of this team for the dedication Battalion Chief Michael Tamillow and retired Mancini is very serious, very sincere, and very and effort that they put into winning this sec- Deputy Chief James Strickland. successful. ond title. After winning the first, day in and day Virginia Task Force One worked tirelessly First elected to the Ocean County Board of out, this team worked to correct mistakes and with search and rescue teams from Kenya and Freeholders in 1982, Jim has proved to be a enhance skills. When I think of the way this Israel, transforming the chaos of Friday into an strong advocate of senior citizens, veterans team worked together, I remember the words orderly and systematic search for any sur- and the disabled, and has improved transpor- of the immortal Babe Ruth: ``The way a team vivors, and for key evidence to piece together tation programs and library services. plays as a whole determines its success. You the cause of the event. For the first several With the largest senior population in the may have the greatest bunch of individual days of the rescue effort, team members ran State, Freeholder Mancini, who also is the stars in the world, but if they don't play to- two twelve-hour shifts to provide round-the- long-time Mayor of Long Beach Township, gether, the club won't be worth a dime.'' Ba- clock operations. The work was especially serves as the Chairman of the Ocean County kersfield Southwest had its collection of indi- dangerous during the night, due to the poor Office of Senior Services. A veteran of World vidual stars, but the team worked together, light and danger of shifting debris. After they War II, Freeholder Mancini's work with the maximizing its many strengths. In all their ef- had gone through the entire debris pile, well Ocean County Veterans Service Bureau has fort and hard work, they epitomized the great ahead of schedule, and it was clear that they resulted in an increase in services to the more American pastime we call baseball; they would find no more survivors, they ceased than 50,000 veterans living in the County. He worked together, played together, and had fun nighttime operations. Despite the grueling has received numerous accolades from veter- together. I am sure that the skill and deter- labor, dangerous conditions, and long hours, ans service organizations for his work, and is mination exhibited by this team will carry over the members of the Task Force consistently a recipient of the Military Order of the Purple to make them winners in life as well. reported that they were `ìn good spirits and Heart. I would like to express my appreciation to .. . happy to be contributing to the effort.'' Jim became Mayor of the seaside commu- Manager Dave Hillis for guiding this team, as Chief Strickland, co-commander of the mis- nity of Long Beach Township in 1964, and well as Coaches Bob Soto, Ben Bradford, sion, reported feeling a sense of deÃjaÁ vuÃ as he continues in that capacity today. He served as Mark Parker, and Ken Miller for all their fine surveyed the wreckage in Nairobi. He com- a State Assemblyman in the 1970s, and was work. Most importantly, I would also like to pared it to the devastation he had observed Ocean County's Freeholder-Director in 1985, congratulate Spencer Bailey, Brian Bock, Clint when the Virginia Task Force assisted rescue 1991 and 1994. Bradford, Tommy Brast, Travis Hamlin, Tony efforts in Oklahoma City, after the bombing of He is the Chairman of the Board of South- Hillis, Shaine Jensen, Darrin Levinson, Derick the Alfred P. Murrah Building. Nairobi was not ern Ocean County Hospital in Stafford Town- Martin, Ryan Mask, Soctt Mawson, Todd the first or even the second scene of mass de- ship, and is the Vice President of the Long Sachs, Sean Sorrow, Ty Soto, Brent Warren, struction heroically attended by the Fairfax Beach Island St. Francis Community Center and Josh Wyrick for an outstanding season County Team. As one of only two search and Corporation. and a string of masterful years in the Babe rescue task forces in the U.S. trained and au- Jim and his wife, Madeline, have nine adult Ruth League. Although I did not dye my hair thorized for overseas disaster deployment, Vir- children: Susan, Joseph, Nancy, Annmarie, blonde as was the team's trademark, I, like ginia Task Force One has been deployed to Jane, Joan, James, Jr., Madeline and Henry, many others from my District, salute Bakers- Armenia and the Philippines, as well as Okla- and 12 grandchildren. field Southwest and thank the team for rep- homa City and Kenya. Mr. Speaker, On September 11, I will share resenting Bakersfield with extreme honor, dig- The men and women of the Fairfax County a few laughs with my good friend, Jim nity, and sportsmanship. Fire and Rescue Department's Urban Search E1668 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 and Rescue Team answered their nation's call islator, a Member participates in the law- vision advertising. Members today must for help. Their work as not glamorous; they making process by drafting bills and amend- spend a disproportionate amount of time quite literally dug in, lifting away thousands of ments, engaging in debate, and attempting fundraising, which means less time with con- to build the consensus necessary to address stituents discussing the issues and less time pounds of concrete and steel in the searing our nation’s problems. Fulfilling these roles with colleagues forging legislation and mon- African sun. They labored in the face of dan- may sound easy, but can be enormously dif- itoring federal bureaucrats. Also, special in- ger, even switching hotels to evade the bomb- ficult. terest support may drive some Members to ers, who were still at large. They labored in Some things, it must be said, have helped lock in their views earlier, reducing their the face of horrific tragedy, but they never lost to make the work more manageable in re- flexibility and making compromise harder. faith in their purpose. cent years. Congress has moved into the in- Seventh, the tone in Congress has changed Mr. Speaker, I know my colleagues join me formation age, as computers, faxes, and dramatically over the past several years, Internet access help Members communicate in honoring the Urban Search and Rescue with more partisan bickering and personal with citizens. Large numbers of congres- attacks, and less civility. That takes a sig- Team of the Fairfax County Fire and Rescue sional staff help Members respond to con- nificant toll. It poisons the atmosphere and Department. The men and women of Virginia stituent mail and research legislation. The complicates the efforts of Members to come Task Force One left their homes and families, expansion of think tanks and public policy together and pass legislation for the good of traveling thousands of miles to represent the research helps provide lawmakers with de- the country. In the end, Congress works United States in a purely humanitarian mis- tailed analysis of policy options. through a process of give and take, which is Increased difficulty: However, the elabo- far more difficult with strained relationships sion. Their nobility of purpose and action was rate constitutional system of separated pow- an honor to witness. I am proud to represent across the aisle. ers and checks and balances created by our Eighth, the media tend to favor the ex- such heroic citizens. founding fathers still requires that com- treme views on any given issue, emphasizing f promise and consensus occur for legislation the differences and downplaying the areas of to pass. This protects people from the tyr- agreement. That can polarize the issue and STOPPING ABUSE OF MEDICARE anny of the majority, but also makes it dif- make agreement more difficult to reach. LONG TERM CARE HOSPITAL ficult for Congress to act. Since I have been Finally, public suspicion of politicians is PAYMENT SYSTEM in Congress the job of a Congressman has be- greater today than it was in past decades. come increasingly difficult, for several rea- Americans have always had a healthy skep- sons: ticism about government, but problems arise HON. FORTNEY PETE STARK First, the country has grown larger and when they become cynical and have little OF CALIFORNIA more diverse. The population of the country trust in what their leaders say or do. It is IN THE HOUSE OF REPRESENTATIVES has more than doubled since I was in high difficult for Members of Congress to even school. Each Member of the House now rep- Wednesday, September 9, 1998 discuss the issues with constituents when resents almost 600,000 constituents; almost their character, values and motives are al- Mr. STARK. Mr. Speaker, I am introducing 50% more than in the 1960s. Americans also ways suspect. legislation today to close a loophole in the way vary more now in terms of occupation, race, Conclusion: It is easy to criticize Congress. Medicare pays long-term care hospitalsÐhos- religion, and national origin. The increas- As Members are clearly aware, many criti- ingly diverse background of constituents ex- pitals which treat people with severe problems cisms of the institution are justified. But we pands the range of interests and differences need to get beyond that and recognize that and which have an average length of stay that must be reconciled to produce consen- (ALOS) of more than 25 days. certain perceived shortcomings of Congress sus on major issues. are actually inherent features of any legisla- Second, the issues have grown more nu- Some so-called TEFRA hospitals establish ture in a large, diverse, and complicated merous and more complex. Today’s Congress extremely high patient costs in the first year or country. Members of Congress need a certain tackles a host of topics that simply were not two of operation, which establishes the rate at degree of trust from their constituents if around a few decades ago, from campaign which they will be paid under Medicare in fu- they are to fulfill their roles as representa- ‘‘soft money’’ and HMO’s to cloning and tive and legislator—not unconditional trust, ture years. Once that rate is established, they cyberspace. Also, the issues we consider have but support meshed with constructive skep- immediately go to a much lower cost mix of become more technical and complicated. A patients, but get paid as if they still had a very recent environmental bill before Congress re- ticism and a reasonable understanding of the sick, expensive patient caseload. The bill I am minded me of my college chemistry text- difficulties the institution confronts. introducing would help curb this gaming of the book. f system. Third, the issues have also become more partisan. The policy agenda always has in- DEPARTMENTS OF COMMERCE, f cluded divisive items, but in past years these JUSTICE, AND STATE, AND JUDI- THE WORK OF CONGRESS divisions typically were not partisan. An in- CIARY, AND RELATED AGENCIES dividual you disagreed with on one issue APPROPRIATIONS ACT, 1999 likely would support your view on many HON. LEE H. HAMILTON other items, making it easier to strike bar- SPEECH OF OF INDIANA gains and achieve consensus. With the intensity of American politics today, issues often IN THE HOUSE OF REPRESENTATIVES HON. WILLIAM D. DELAHUNT have a sharper, partisan flavor. Policy de- OF MASSACHUSETTS Wednesday, September 9, 1998 bates frequently split constituents and their IN THE HOUSE OF REPRESENTATIVES Mr. HAMILTON. Mr. Speaker, I would like to elected representatives by party, making the two major parties resemble warring camps Monday, August 3, 1998 insert my Washington Report for Wednesday, more than potential partners in compromise. The House in Committee of the Whole August 19, 1998 into the CONGRESSIONAL Fourth, there are more policy players in House on the State of the Union had under RECORD. the legislative process. For instance, in the consideration the bill (H.R. 4276) making ap- 1960s just a handful of major groups were ac- THE WORK OF CONGRESS propriations for the Departments of Com- tively involved in foreign policy making. merce, Justice, and State, the Judiciary, and The work of Congress often seems labori- Now there are literally hundreds, including related agencies for the fiscal year ending ous and painfully slow. We hear complaints the business and agriculture communities, September 30, 1999, and for other purposes. about legislative stalemate, excessive par- nonprofits and public interest groups, labor tisanship, and the ‘‘do-nothing’’ Congress. unions, ethnic groups, and international or- Mr. DELAHUNT. Mr. Chairman, I rise in Sometimes it is hard to discern good reasons ganizations. The cast of important players for the inefficiencies and delays that occur. strong support of the amendment, which has similarly expanded in the numerous would restore funding for the Legal Services But often the difficulty of passing legislation other policy areas. stems from the very nature of our represent- Fifth, although the workload of Congress Corporation to current levels. ative democracy and from our changing has expanded, the number of hours in session The Legal Services Corporation is a lifeline country and changing political climate. The in recent years has actually dropped. The for thousands of people with no other means work of Congress has become much more dif- leadership has chosen to have the House now of access to the legal system. Last year, LSC ficult over the past several years. work basically only 21⁄2 day weeks, with resolved 1.5 million civil cases, benefiting over The job of Congress: Although the job of a many Members arriving in Washington on four million indigent citizens from every coun- Congressman involves several different roles, Tuesday afternoon and leaving for their dis- try in America. the main ones are as representative and leg- tricts on Thursday evening. As a result, Who are these people? Over two-thirds are islator. As a representative, a Member serves Members have less time to know each other as an agent for his constituents, ensuring well and to work out their differences, thus women, and most are mothers with children. that their views are heard in Congress and making consensus-building even harder. Women seeking protection against abusive that they are treated fairly by federal bu- Sixth, the cost of campaigns has sky- spouses. Children living in poverty and ne- reaucrats and other public officials. As a leg- rocketed, driven largely by the cost of tele- glect. Elderly people threatened by eviction or CONGRESSIONAL RECORD — Extensions of Remarks E1669 victimized by consumer fraud. Veterans de- always had that fanatic next door who was ple who must change how they do business— nied benefits, and small farmers facing fore- building an underground fallout shelter. You and old habits die hard. closure. remember vividly the Cuban Missile Crisis— Add into all of this retention challenges presented by an overheating economy and These are the people who will be hurt if this when President Kennedy and Premier Kruschev did political battle over the place- low unemployment across the country. The amendment is not adopted today. If LSC is ment of missiles in Cuba. private sector competes for our highly forced to absorb the huge cuts made in com- In the early 1980s, President Reagan re- trained and highly disciplined technicians mittee, half of the 1,100 neighborhood legal sponded to the hollow force of the late ’70s and lure them away with more pay and in services offices will have to be closed. This and the continuing cold war threat and many cases better compensation. There is will leave a single lawyer to serve every began to rebuild our armed forces to take on plenty of money for young people to go to 23,600 poor Americans. Over 700,000 people the ‘‘Evil Empire.’’ We had plenty of money college and the propensity to serve has di- in need of legal services will have to be turned for defense and plenty of people to do the minished. Recruiters are having a very dif- mission. The ’80s presented few problems for ficult time making quotas while maintaining away. us in terms of manpower and resources, and quality. There are frustrations with op We cannotÐwe must notÐallow this to hap- deployments were few. Life was bliss. tempo and pers tempo—the changed retire- pen. I urge my colleagues to vote for this In November of 1989, one of the most dy- ment system is seen as a breach of faith and amendment. It's the decent thing to do. namic events of this century took place in Tricare has had some tough times with im- f Berlin. We watched on CNN as the wall was plementation. torn down. I was assigned to the Supreme For myself and my service counterparts, REMARKS OF ERIC W. BENKEN, Headquarters Allied Powers Europe in Mons, we have increased congressional contact on a CHIEF MASTER SERGEANT OF Belgium. We were knee deep in containment variety of subjects like gender integrated THE AIR FORCE war plans. We couldn’t believe our eyes at training—trying to convince them each serv- what was happening. What were we going to ice knows how to train their people the right do next? As the wall fell and Germany was way. We’ve discussed fraternization rules, HON. BOB STUMP reunited, we got a sneak peek behind the readiness and quality of life and their impact OF ARIZONA iron curtain and found that communism had on our troops. IN THE HOUSE OF REPRESENTATIVES collapsed and the cold war was over—and we As General Mike Ryan, Air Force Chief of were the winners. Staff says, ‘‘This is not my father’s Air Wednesday, September 9, 1998 It was like going forward in your car for 45 Force.’’ And I would submit that this saying Mr. STUMP. Mr. Speaker, I rise today to years and suddenly throwing it into reverse. applies to all of our armed forces as they repay tribute to Chief Master Sergeant Eric W. The world stage changed drastically. Many late to the decade of the ’90s. Benken, who recently made some very in- thought that NATO should be disbanded. Na- This scenario has certainly produced its tions demanded money spent for defense be share of ‘‘prophets of doom and gloom.’’ sightful remarks regarding national security on returned to the people for domestic pro- Newspapers have editorials from naysayers August 22, 1998, at the Noncommissioned Of- grams. The world wanted a ‘‘peace dividend.’’ attacking senior leadership and publicly dis- ficers Association 1998 Annual Awards Ban- And the United States was no different. And playing their disgruntlement over current quet, that I believe would be of interest to all we began to reduce our military establish- situations. Some among our own ranks the members of the House of Representatives: ment—both in terms of personnel and instal- would counsel our troops against making the lations. military a career because ‘‘it isn’t as good as CHALLENGING TIMES—BRIGHT FUTURE— New terms showed up in our vocabulary. it used to be’’ Whatever that means! STRENGTH IN UNITY Terms like BRAC (Base Realignment and The reality is this—the armed forces still It’s always tough to follow the Air Force Closure). Our overseas presence was tremen- offer a great way of life for young Ameri- Honor Guard Drill Team—outstanding indi- dously reduced and we brought forces and cans. We still offer tremendous oppor- viduals—anytime someone says there is equipment home. tunity—skills training—and we do it in an something wrong with America’s young peo- And while many thought our job might be environment of equal opportunity. We still ple—I point to them as an example of what’s over, our missions actually began to in- offer an exciting way of life. And this nation right with America. And the Air Force Sing- crease. We found ourselves embroiled in ‘‘hot still needs patriotic Americans who are willing Sergeants—a magnificent group and I spots.’’ We began doing humanitarian and ing to sacrifice for their nation and win her might add, the product of successful gender disaster relief missions. Rawanda, Somolia, wars. integrated training—they are no longer an Liberia, Haiti and Bosnia came up on the As Sgt. Major of the Marine Corps Lee said all male chorus group like they were in the scope. Bare base operations like Prince Sul- in a meeting today, ‘‘it’s time to accentuate beginning! tan, El Jabber, Ali Asalem, Doha, Qutar, the positive things about our armed forces Congressman Montgomery, sir, its great to Baharain; Rhijad, San Vito and others. and our special way of life—and stop listen- have you with us here tonight—a recipient of Places where Americans in uniform must de- ing to the negative. the Air Force Order of the Sword—the high- ploy, live and fight. And we continue to deal The fact is, we have inherited a new world est tribute that can be bestowed upon any- with Saddam—a millstone around our neck. order. The world stage has changed—it’s one by the enlisted force—a great patriot Our Air Force people alone began to deploy more complicated and our roles and missions and ardent supporter of our military. at 4 times the rate they did in the ‘‘blissful’’ have been modified. We must make adjust- President and Mrs. Putnam, my service ’80s. ments—and we will—we will attack these counterparts, members of the foreign joints, The ’90s present a whole new set of chal- challenges like we have always done in the Vanguard Award Recipients and distin- lenges. More new terms like Op Tempo and past—with hard work and innovation! guished members of the Noncommissioned Pers Tempo. We didn’t get enough relief I believe our future is extremely bright. Officers Association. It’s a tremendous pleas- from the first round of BRAC—and we are Despite all our challenges, we still have a ure for my wife Johnne and I to be here to- spread too thin across too much real estate. tremendous corps of young people who are night as I address this distinguished audi- That is why you hear us persistently ask nothing short of fantastic—they exceed all ence of patriots and great Americans. Congress for more BRAC. expectations. Their technical skills are Tonight I want to talk to you a little bit The drawdown meant the loss of skill lev- something to marvel. When I entered the Air about the challenges we face—and a little bit els in the ranks as we carved out the middle Force back in 1970, our top of the line equip- about our future. of the force. We have training shortfalls. We ment in the orderly room was the Underwood First of all, it’s important to recognize had to find a new way to deliver health care Five manual typewriter. Today, that same that this snapshot in history in which we to 9 million eligibles—and Tricare popped up recruit is involved in LAN administration— live is like no other. There has never been on the scope. We have aging weapons sys- with advanced computer skills—some even another decade like the ’90s. And the reason tems—we cannibalize parts from two weapon work in the Information Superiority Battle is simple—the cold war is over. For about 45 systems to get one functioning. We have a Lab at the Air Intelligence Agency in San years it was NATO and the Warsaw Pact monotonous desert rotation—slipping readi- Antonio. And as our troops become more and going toe to toe. We had the Berlin Wall that ness posture—outsourcing and privatization more technically qualified in a variety of represented a visual distinction between de- are being thrust upon us. skills—we’ll have to be competitive if we mocracy and communism—the separation of We deal with all of this against the back- want to secure their skills for the long run— good and evil, if you will. Our tanks and ar- drop of the Balanced Budget Amendment and that’s just a fact of life. tillery faced off in the Fulda Gap. We had a flatlined defense budget. It forces us to And we need to help our young troops keep large numbers of forward based installations make tough decisions on whether to modern- focus on the vision of our armed forces of the with a policy of containment. ize, sustain readiness or improve quality of future. We must instill in them enthusiasm We lived under the umbrella of nuclear an- life. and optimism. As General Colin Powell said, nihilation. Remember the drills we had in For the Army and the Air Force—we must ‘‘Never take counsel of our fears or high school? An alarm would sound indicat- make the transformation to become more naysayers.’’ He also said, ‘‘Optimism is a ing a nuclear missile was inbound from the expeditionary. Lighter and leaner—not reli- force multiplier.’’ Soviet Union—and we would dive under our ant on forward based locations and assets. We need to remind our troops that the desk. Like that would do any good! And we This presents a cultural change for our peo- military gave them all they ever needed to E1670 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 know to be successful during their indoc- TRIBUTE TO JOHNNY LONDON DEPARTMENTS OF COMMERCE, trination into the service at basic training. JUSTICE, AND STATE, AND JUDI- We taught them how to salute, dress for suc- CIARY, AND RELATED AGENCIES cess, customs and courtesies. We taught APPROPRIATIONS ACT, 1999 them how to follow instructions and to be on HON. SAM GEJDENSON time. We taught them how to work as a team OF CONNECTICUT SPEECH OF through drill and ceremonies. We taught them to have dignity and respect for each IN THE HOUSE OF REPRESENTATIVES HON. JAY DICKEY other. We also taught them to have high per- OF ARKANSAS sonal standards and to demand high stand- Wednesday, September 9, 1998 ards for their units. We also taught them IN THE HOUSE OF REPRESENTATIVES followership. Mr. GEJDENSON. Mr. Speaker, I rise today Wednesday, August 5, 1998 As we become more expeditionary our roles to pay tribute to Johnny London as he marks The House in Committee of the Whole and missions in joint operations will become his Thirtieth Anniversary as the morning host House on the State of the Union had under increasingly intertwined. We must teach our on WICH in Norwich, Connecticut. Over the consideration the bill (H.R. 4276) making ap- troops the importance of ‘‘Strength in past three decades, Johnny has become an propriations for the Department of Com- Unity’’ as it relates to the armed ‘‘armed `ìnstitution'' in Norwich through his show and, merce, Justice, and State, the Judiciary, and forces’’ team. more importantly, his work on behalf of the related agencies for the fiscal year ending We must make them aware of the impor- community. September 30, 1999, and for other purposes. tance of the legislative process and its impact on the military way of life—we aren’t Johnny came to Norwich from Maine thirty Mr. DICKEY. Mr. Chairman, I want to show doing a very good job of that right now. As years ago to take a job as the ``morning man'' my concern about a provision in the chair- the congress shifts and becomes less attuned at WICH. WICH is the major AM station serv- man's bill that allows an increase of $18.5 mil- to the military and the mood of the country ing Norwich and surrounding communities. lion, for the Equal Opportunity Employment becomes more and more complacent about Over the years, Johnny has developed a for- Commission, or EEOC. I want to do so by defense—we will continue to rely on the su- mat which combines news, political com- drawing attention to a circumstance in Miami, perb representation of organizations like the Florida, that I think is worthy of the gentle- Noncommissioned Officers Association. They mentary, history lessons, sports and discus- help preserve entitlements and benefits and sion about community events. When it comes man's attention and the attention of my col- work issues on our behalf. And they do a su- to politics, Johnny calls it like he sees it. He leagues. It has to do with Joe's Stone Crab in perb job at it. doesn't mince words and he isn't afraid to criti- Miami Beach. We have so very much to be proud of. We cize someone in office or a proposal if he be- This is a well-known, world-renowned res- wear the uniforms of the greatest armed lieves issues need to be raised. His show taurant. It has been owned for 85 years by the forces in the world. We are members of an gives him an opportunity to highlight issues same Jewish family. It has had diversity in its honorable profession—the profession of arms. and question actions. However, in the very hiring practices long before it was required by We walk in the shadows of heroes—men and law. However, it has been targeted and victim- women who have made the ultimate sacrifice best tradition of American broadcasting, John- ny has never done so for personal aggran- ized by the EEOC, not because there are too for our great nation. We need to remind our- few female employees. The owner is a female selves of that once in awhile. dizement. He has always acted in the public interest and been motivated by doing what is and 22 percent of the employees are female. So, I would say to you here tonight—yes, The heads of the departments of the res- we have challenges—but we will overcome best for the community. taurant, Mr. Chairman, are females, but there them and return to level flight and steady Mr. Speaker, Johnny London is much, much seas. are too few female servers, according to the more than the host of a morning radio show. EEOC. And, we rely on ‘‘Strength in Unity’’—a He is a tireless friend to countless organiza- super motto for the NCOA because it cap- This is in contrast to what is happening with tures the essence of who we are. tions, charities and special events to whom he Hooters restaurants. Hooters has only female lends his time and support. Johnny's show Thank you for having me here tonight— servers. They are a chain. The EEOC has tar- and a special congratulations to our Van- has perhaps the most extensive ``community geted this one restaurant. guard Award recipients—who represent the calendar'' of any in Connecticut. Moreover, he The reign of terror of the EEOC against best of the best—and represent the thousands has supported hundreds of charitable func- Joe's Stone Crab began on April 27, 1992. in uniform who serve our great nation tions over the years. To generate awareness The charge was a failure to actively recruit fe- around the globe. Good night and God Bless about issues and raise funds to assist those in male servers. This was done without a female America. need, Johnny has gone into the boxing ring filing a complaint, and it was done without BIOGRAPHY with Willie Pep and played basketball with complying with the law that 300 days prior to Chief Master Sergeant Eric W. Benken en- teams from across the country and around the such a ruling, there had to be a complaint tered the Air Force in March 1970. He became world. filed. There was no compliant filed. The EEOC the 12th Chief Master Sergeant of the Air To some, these actions might not sound un- started an investigation on its own. Force in November 1996. His background is in commonÐevery radio personality does public- On July 3, 1997, there was a ruling by information management, and he has served Judge Daniel T. Hurley. In his findings, he for more than 25 years in operational, main- ity stunts. But this is where Johnny is different. He is our there every day, every week and said that Joe's Stone Crab was guilty; those tenance and support units at every level of were his words, even though it is a civil action, command from squadron through major air year after year working on behalf of the com- command. He served in maintenance admin- munity. He is there when it's ninety-five de- that they were guilty of hiring discrimination. istration in Taiwan and Vietnam, and served grees and in the blowing snow. He puts just There was no finding of any intended dis- as executive noncommissioned officer to the as much into supporting events that attract ten crimination, Mr. Chairman. Yet, the Court took commander in Korea. His stateside assign- people as those that draw thousands from it on itself at that point to take over the hiring ments include Bergstrom AFB, Texas, Eglin across southeastern Connecticut. His remark- practices of Joe's Stone Crab. They required AFB, Florida, Ellington AFB, Texas, and that announcement of the roll call, which had able generosity is more extraordinary than Davis-Monthan AFB, Arizona. He also served been word of mouth, be publicized, and re- even the longest tenure on the airwaves. in a joint service/NATO assignment at the quired Joe's to spend $125,000 in ads in Supreme Headquarters Allied Powers Eu- Mr. Speaker, as Johnny marks his thirtieth rope. Before becoming Chief Master Sergeant newspapers that the Court specified. of the Air Force, he serviced as the senior anniversary with WICH, he has much to be As a result, a fewer percentage of appli- enlisted advisor for the U.S. Air Force in Eu- proud of. His show is among the highest rated cants of women was brought in. They hired rope (USAFE) at Ramstein Air Base in Ger- in Connecticut. Currently, he holds the record more than the percentage of female applicants many, a position he assumed in October 1994. as the longest-serving, active morning radio that came in, and again, no female com- While at USAFE, the command was involved broadcaster in our state. He is recognized as plained at any time. in operations such as Provide Promise, Pro- one of the foremost historians of Norwich. When confronted with the 22 percent female vide Comfort, Deliberate Force and Joint En- More importantly, he is loved and respected hiring that had occurred between 1991 and deavor in Bosnia. Chief Master Sergeant by residents across eastern Connecticut for Benken is committed to transitioning the 1995, the Court then just changed the statis- enlisted corps into an Air Expeditionary his tireless efforts on behalf of their commu- tical reference. They took the total of the fe- Force and, in the process, helps shape what nities over three decades. I join them in saying male food servers in Dade County, and that the Air Force will look like in the next cen- thank you. We look forward to tuning in for was 32 percent, so they just moved the target tury and beyond. many years to come. so the Court could do what it wanted to do. CONGRESSIONAL RECORD — Extensions of Remarks E1671 The bottom line is that this restaurant has for the enactment of the Cuyahoga Valley Na- important government spending like na- spent 6 years, over $1 million; they have had tional Recreation Area Act. This law created tional defense or law enforcement? Will high bad publicity; they have had lower morale; Ohio's first national park. taxes be necessary and, if they are, will they depress economic growth? they have had the Court come in and take Alaska and the preservation of the unique Given these facts many of the pundits are over their operations and examine it from national treasures of that state were at once a predicting warfare between the generations, every angle. Then we are giving EEOC $18.5 passion and an inspiration for John Seiberling. between the young and the old. Yet I am million in increase. I think EEOC must not As Chairman of the Subcommittee on General doubtful of that. In my experience young have enough to do. If they claim there is a Oversight and Alaska Lands in 1977, John people are just as concerned about protect- backlog, it is because they are spending time Seiberling was a leader in speaking out, fighting Medicare and Social Security as their parents are. My own view is that the bond on such frivolous litigation. They should be ex- ing and shaping the comprehensive law and between the generations is strong, and that amined very carefully. policy that finally preserved this last bit of wil- should not surprise us given the strong fam- Small businesses all across the country are derness for all America. While the fight took ily ties that still exist for the most part in being victimized by the EEOC. They are at the six long years and much of John's time, it was this country. I think young people want point where they cannot complain because a labor of love. John Seiberling and Mo Udall older people to be secure and to have quality they think retaliation will come. Joe's Stone were eventually successful in passing Alaska health care, and they don’t want them to be Crab is a story of one owner saying, I will take lands legislation which doubled the size of our dependent on them. on the government for the sake of small busi- National Park System and quadrupled our na- CHALLENGES OF AN AGING AMERICA nesses. This restaurant is fighting the battle tional wilderness system. Everybody acknowledges the difficulty of for small business all across the country. John's commitment to the environment con- ensuring the long-term stability of Social Security and Medicare. We simply cannot af- My last comment, Mr. Chairman, is that I tinues today in his role as the Director of the ford the contract we now have on the table urge, as this bill moves forward and in the Environmental and Energy Study Institute, of as the Baby Boom generation approaches re- years to come, that the chairman address the which he was a founder. tirement. We will have a smaller number of issue of frivolous litigation and damages that I am certain that my colleagues will join me workers supporting a much larger number of the EEOC brings upon the small businesses in in saluting John Seiberling's accomplishments retirees, and something will have to give. So America. and wishing him a very happy birthdayÐa well it represents a formidable challenge to our f deserved 80th year. John has shaped our system of government to carry Americans— young and old—through the major changes landscape and environmental policies well into needed in these programs. JOHN SEIBERLING— the future. Our best wishes for many more ENVIRONMENTAL HERO The trend in America has been to retire years of life and celebration of his work, the earlier and earlier, and that has placed an legacy and American heritage for generations extra burden on federal programs. In the last HON. BRUCE F. VENTO yet unborn. Happy Birthday to the environ- century more than 75% of men 65 years and OF MINNESOTA ment's best friend, John Seiberling. over worked. In 1997 only 17% did. But things are beginning to change. Retirement ages IN THE HOUSE OF REPRESENTATIVES f are creeping back up and the whole concept Wednesday, September 9, 1998 THE AGING OF AMERICA of retirement is changing. Among other things, older people are increasingly leaving Mr. VENTO. Mr. Speaker, I would like to call the work force gradually, taking temporary to the attention of my colleagues that yester- HON. LEE H. HAMILTON and part-time jobs. day, September 8, was the 80th birthday of Older people require more expensive social OF INDIANA our former colleague and a good friend, John services—particularly health care—and they F. Seiberling. IN THE HOUSE OF REPRESENTATIVES depend upon government programs like So- John Seiberling was first elected to Con- Wednesday, September 9, 1998 cial Security for much of their income. The gress in 1970, having already spent 25 years importance of Social Security to older Mr. HAMILTON. Mr. Speaker, I would like to Americans cannot be over-estimated. Almost as a member of the military serving in World insert my Washington Report for Wednesday, 92% of those 65 and older receive Social Se- War II and as an attorney in private practice August 12, 1998 into the CONGRESSIONAL curity benefits and many would live in pov- with the Goodyear Tire and Rubber Co., which RECORD. erty if it did not exist. Moreover, as the his grandfather founded. After 16 years of number of the oldest Americans grows, the Congressional Service, John retired voluntarily THE AGING OF AMERICA use of medical and long term care services in 1986 with a lifetime of outstanding accom- America is getting older. As Americans are such as hospitals, home care, nursing homes, plishments. living longer than ever before and as the and elder day care will increase sharply. The Baby Boomers ease into their senior years, Originally inspired to run for Congress by effect on Medicare and Medicaid will be sig- fundamental shifts will occur in our society. nificant. Today these programs provide in- his opposition to the U.S. involvement in Viet In areas such as health care, housing, and surance for health and long-term care for Nam, John Seiberling quickly rose as a leader recreation, the impact of an aging popu- 97% of the elderly. in the House efforts to end the war. Con- lation will be felt. The costs of providing POLITICAL CHALLENGES cerned about our defense and foreign policies, these services will put a strain on the finan- One has to wonder whether a democratic John was also a leader in the Congressional cial resources of governments and families government is going to be able to deal with organization, Members of Congress for Peace alike. these challenges, particularly if it involves through Law, known later as the Arms Control The importance of Social Security and reducing benefits for an increasingly large other federal programs for older Americans and powerful group. Most analysts view and Foreign Policy Caucus. is emphasized by the fact that financial pros- In the House, John Seiberling served on the bringing future benefits under control as pects for many Americans approaching re- necessary, yet older persons do not want Committee on the Judiciary. An active mem- tirement are grim. According to a recent their benefits cut. One alternative is raising ber, John participated in the Watergate hear- comprehensive study: 40% have no pension taxes but that means that the current Social ings and was the floor manager for the historic income other than Social Security. One in Security tax rate would have to be boosted House passage of the antitrust law rewrite, the five households has no assets and one in sharply to provide the benefits that have Scott-Hart-Rodino Antitrust Act. seven persons has no health insurance. 20% been promised. Others suggest that we However, John was best known for his com- are disabled. should adopt policies directing benefits to The cost of supporting older persons will low-income elderly persons, and that would mitment to the environment and for his many be a heavy burden on the living standards of accomplishments as a member of the House reduce costs and improve economic effi- younger workers. By the year 2030 one in five ciency by getting the money to those who Committee on Interior and Insular Affairs. Americans is projected to be 65 or older, up need it most. But to shift in the direction of Today, this Committee is the House Re- from one in eight today. And the proportion either a tax increase or a benefit reduction sources Committee. As a member of that of the oldest Americans, those over 75, whose causes a loss of popular support of many peo- Committee, John was a very special Member health care costs are especially high, will ple. The challenge to the country may be to who stood very tall. I had the privilege to nearly double from present levels. This too make the long-term investments in edu- serve with John for ten years and to learn will have a huge impact on government cation, infrastructure, and basic research budgets and workers’ incomes. from him. John played a major role in securing that lead to growth in the economy and new An aging America raises major social and business opportunities, which in turn makes the passage of the Surface Mining Control and political questions. Is it fair to place huge it easier for the economy to absorb the costs Reclamation Act of 1977. This important law tax burdens on workers to pay for the retir- of programs for older Americans. The prob- has reversed the damage caused by surface ees? Will the projected heavy spending on lem is how that long-term investment, much coal mining. John was also largely responsible programs for older people crowd out other of which is directed toward younger people, E1672 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 is going to happen when the largest and most of professional women's sports should help But such considerations are really beside powerful group will be older people. continue this trend as our daughters are able the point when it comes to adoption. The only I think it will be necessary for public offi- to watch role models like Cynthia Cooper, test we ought to apply is the test the law al- cials to talk a lot more about how the satis- ready uses to determine whether a child be- faction of building a better tomorrow out- Sheryl Swoopes, and Tina Thompson. weighs the immediate appeal of greater and So again, Mr. Speaker, my congratulations longs in a particular family situation or not. richer benefits. My personal experience is to WNBA Coach of the Year Van Chancellor, That test is whether the situation is in the that older people are very receptive to that League MVP and first team All-WNBA Cynthia ``best interests'' of the child. argument. The conventional view is that Cooper, first team All-WNBA players Sheryl The application of that test is a complex older people, as they wield ever greater Swoopes and Tina Thompson, and the rest of matter. It requires the careful weighing of a power within our system of government, will the Houston Comets on their outstanding sea- multitude of factors by those with the requisite lend their support to policies that serve their son and my thanks to them for providing our experience and expertise. One thing we can interests: higher spending on health, social communities with such a positive image of be sure of is that the Congress of the United services, and law and order, with spending on States is not the agency that is best equipped education taking a back seat. If this is the professional athletes. f to do that evaluation. approach then that could spell trouble be- Another thing I'm sure of, Mr. Chairman, is tween generations. But I do not buy the view that we are headed in this country for DISTRICT OF COLUMBIA that it is not in the best interests of a child to intergenerational warfare. Most older people APPROPRIATIONS ACT, 1999 be in an institution or on the street when he have children and they want the very best or she could grow up in a stable, loving for those children, and that causes them to SPEECH OF household. pursue their own interests less selfishly. HON. WILLIAM D. DELAHUNT We should ask whether the parents have Younger people want their parents to be ade- the means to feed and clothe the child and quately supported and everyone knows full OF MASSACHUSETTS see to its education. We should ask whether well that they themselves will get older. IN THE HOUSE OF REPRESENTATIVES they maintain a home that will offer the child They expect the next generation to help look Thursday, August 6, 1998 a harmonious, stable and nurturing environ- after them in turn. ment. We should ask whether they have the CONCLUSION The House in Committee of the Whole House on the State of the Union had under skills and the commitment it takes to be a The aging of America will have a profound consideration the bill (H.R. 4380) making ap- good parent. effect on our country. Rather than focus on propriations for the government of the Dis- When we find a family that offers all this to the potential for intergenerational conflict, trict of Columbia and other activities a child in need, what kind of society would re- we need to see what can be done now to ad- chargeable in whole or in part against reve- ject that family because the parents are ``not dress the crunch we all know is coming. nues of said District for the fiscal year end- related by blood or marriage?'' Steps should be taken soon to shore up both ing September 30, 1999, and for other pur- I believe we should embrace that family, Mr. the Medicare/Medicaid and Social Security poses: systems. In addition, each American needs to Chairman, and be thankful that a lost child has plan financially for their own later years. Mr. DELAHUNT. Mr. Chairman, I rise in op- been given a new home and a second chance Proper planning and thought, on the part of position to the amendment by the gentleman in life. the individual and of the government, will go from Oklahoma. f a long way in helping the nation deal with Some who oppose this amendment will ex- these issues of an aging America. press their concern about the unwarranted in- CLIFFORD MELBERGER HONORED f trusion this amendment represents into the lives of children and their families in the Dis- HON. PAUL E. KANJORSKI CONGRATULATING THE HOUSTON trict of Columbia. OF PENNSYLVANIA COMETS, WNBA CHAMPIONS Others will address the impact of this IN THE HOUSE OF REPRESENTATIVES amendment on the principle of local control, Wednesday, September 9, 1998 HON. MAX SANDLIN and wonder what in the world the Congress of Mr. KANJORSKI. Mr. Speaker, I rise today OF TEXAS the United States is doing meddling with local to pay tribute to my good friend, Mr. Clifford IN THE HOUSE OF REPRESENTATIVES adoption rules. Melberger of my District in Pennsylvania. Cliff I share both of those concerns, Mr. Chair- Wednesday, September 9, 1998 has been named ``Community Leader of the man. But tonight I wish to speak as an adop- Year'' by the Eastern Pennsylvania Chapter of Mr. SANDLIN. Mr. Speaker, I rise today to tive parent, who is concerned first and fore- the Arthritis Foundation. I am pleased to have congratulate the Houston Comets of the most about the well-being of unwanted chil- been asked to participate in honoring him. WNBA on their second consecutive WNBA dren. Deborah D. Hannon, Chairperson of the championship. The women of the Houston Mr. Chairman, it is a sad fact that not all Foundation's Board of Directors, describes this Comets and the WNBA have brought a new parents are fit parents. Child abuse and ne- prestigious award as `àn award that is given respectability to professional sportsÐsome- glect occurs in all kinds of families. Among throughout each chapter area to a person who thing that has at times been lacking in some ``birth families'' no less than adoptive families. epitomizes the word `leader` in both his per- of the male-dominated professional sports in Among so-called ``traditional two-parent fami- sonal and professional life.'' Cliff Melberger is recent years. These women, many of them lies'' no less than families of less conventional certainly a fine example of this criteria. He is working moms, are truly role models to young description. the founder and CEO of Diversified Informa- women across the United States. Most of us do our best to love and nurture tion Technologies, Inc., a national information At a time when our young people des- our children, but no parent is perfect. And we management and document imaging com- perately need role models, these women have all make mistakes. pany. Cliff has been an innovator in the use of stepped up to the plate. The teams have dedi- But I also know that good parents and fami- computer systems to service the information cated themselves to community service and lies come in all shapes and sizes, too. Some management industry. He received two re- feel a real responsibility to their community of the most loving, nurturing and supportive search grants from Pennsylvania's Ben Frank- and to their fans. Team members have done families would fail Mr. LARGENT's litmus test. lin Partnership to develop electronic vaulting, public service announcements to promote And that would be a tremendous loss for the which is the transmission of computerized breast cancer awareness; they have volun- half a million children now in foster care who media via satellite or Telecommunications. teered their time to work with homeless chil- would be deprived of the chance to grow up For the last 16 years, Clifford Melberger has dren; and they have volunteered in soup kitch- in that kind of environment. defined Diversifed's migration from a tradi- ens to feed the homeless. In short they have There are too many kids out there who tional records storage and retrieval company given as much to their communities as they need decent homes for us to start deciding to a state-of-the-art information management have received. which characteristics to require of adoptive company, providing Fortune 500 companies Another important result of the remarkable parents. Some who value a religious upbring- with access to their corporate records via mul- success of the WNBA has been its impact on ing might want to disqualify prospective par- tiple media platforms. women's sports in our high schools and col- ents who are not religious. Others might want Mr. Speaker, Cliff Melberger began his ca- leges. It is a realization of the importance of to disqualify people who are. Some might feel reer in banking after receiving his undergradu- Title IX programs. Today, a record 2.5 million that only people with a certain level of income, ate and graduate degrees from Bucknell Uni- girls compete on high school teams, compared or education, are entitled to adopt. And so versity. He served as president of the Univer- with 300,000 in the early 1970s. The success forth. sity's Alumni Association. He currently serves CONGRESSIONAL RECORD — Extensions of Remarks E1673 on the Board of Directors for the JPM Cor- in which fifteen police officers and one civilian Mr. Speaker, no one in America denies the poration, the Greater Scranton Chamber of were injured at the conclusion of what Mayor First Amendment or our Bill of rights guaran- Commerce, as well as the Board of Trustees Rudolph Giuliani accurately predicted would teeing free speech. But we must never forget of Wilkes University. He is an Elder in his be a hate rally. I wish to remind our col- the admonition of Supreme Court Justice Oli- church. He and his wife Ruth are parents of leagues that this untoward incident under- ver Wendell Holmes who stated that the right two grown children and have two grand- scores the hard lesson which the world of free speech does not allow any individual to children. learned in the 1930s and 1940s: hatred and cry ``fire!'' in a crowded theater. It is with great pleasure that I join with the incitement to riot against any people, if unchal- We especially must not forget the horrible Arthritis Foundation in honoring this distin- lenged, will lead to greater and greater trag- fruits which resulted when the hateful, racist guished businessman and community leader, edy. propaganda of Adolf Hitler and his Nazi goons Mr. Clifford Melberger. I send him and his Khallid Abdul Muhammad first rose to prom- went unchallenged for too many years not too family my sincere congratulations on this inence in 1993 when, at a well publicized long ago. honor and best wishes for continued success speech at Kean College, at which he hurled The brand of racist hatred spewed by and prosperity. racial insults at Jews, Roman Catholics, and Khallid Abdul Muhammad and his followers f mainstream Afro-American civil rights leaders. not only incite violence, causing harm to In subsequent orations, he attacked His Holi- countless innocent persons, it also proves to CONTRIBUTIONS OF WILLIAM A. ness Pope John Paul II and even South Afri- be divisive, counterproductive, playing into the TUCKER can President Nelson Mandela. hands of the racists of the other side who In 1994, after a speech in which he referred seek to thwart those who work towards a true HON. ROBERT C. SCOTT to Jews as ``bloodsuckers'', condemned gays, reconciliation of the races. and again attacked His Holiness the Pope, OF VIRGINIA Mr. Speaker, I invite my colleagues to join who he called `à no-good cracker,'' the Rev. IN THE HOUSE OF REPRESENTATIVES me in condemning this vicious manifestation of Louis Farrakhan demanded, and received, hate and prejudice and to pledge to work to- Wednesday, September 9, 1998 Khallid Muhammad's resignation from the Na- wards the eradication of all such manifesta- Mr. SCOTT. Mr. Speaker, I rise today to pay tion of Islam. tions of injustice in our nation and throughout It is no wonder that Mayor Giuliani, contend- tribute to William A. Tucker, my good friend the world. ing that the proposed ``million youth march'' and long-term community leader in the Third f Congressional District of Virginia. would be what he called a ``hate march,'' ini- Mr. Tucker was born on September 15, tially refused to allow a permit to be granted DEPARTMENTS OF COMMERCE, 1928 in Greenville, North Carolina and moved to the organizers. That decision was over- JUSTICE, AND STATE, AND JUDI- to the Hampton Roads area in 1962. Since turned by a higher court decision. CIARY, AND RELATED AGENCIES that time, he has amassed a commendable It is no wonder then that the New York City APPROPRIATIONS ACT, 1999 record of community leadership based on a Police Department, fearing in incitement to practice of leading by example. It began with riot, arranged for 3,000 uniformed police to be SPEECH OF on hand to keep order. The 50,000 attendance the example he set as a dedicated family which Muhammad and his followers had pre- HON. WILLIAM D. DELAHUNT man, who, along with his wife Helen Hembly dicted turned out to be only 6,000, thus under- OF MASSACHUSETTS Tucker, raised five children who have given scoring the limited appeal that the racist senti- IN THE HOUSE OF REPRESENTATIVES them three grandchildren. ments expressed by Muhammad have in the Mr. Tucker served in the U.S. Air Force Wednesday, August 5, 1998 community. from 1948 to 1974. After leaving active duty in The rally itself proved to be an incitement to The House in Committee of the Whole the military, he became involved in a number riot. Malik Zulu Shabazz, a rally organizer and House on the State of the Union had under of community activities. He began work as a one of its attorneys, characterized opponents consideration the bill (H.R. 4276) making ap- Longshoreman and was ultimately elected of the march as `Ùncle Tom, boot-licking, propriations for the Departments of Com- merce, Justice, and State, the Judiciary, and President of Newport News Local 846 of the buck-dancing politicians'' who must be voted International Longshoreman's Association. related agencies for the fiscal year ending out of office. Other speakers lashed out at September 30, 1999, and for other purposes. While in his position with Local 846, he also Jews, whites, and Afro-American opponents of Mr. DELAHUNT. Mr. Chairman, one of the became involved in other community and civic the march. According to reports from Mayor greatest powers wielded by every American organizations. He became a life member of Giuliani's office, others called for death to today is the power to choose how we spend the Veterans of Foreign Wars and the National Jews and to police officers. Association for the Advancement of Colored Muhammad himself withheld his own our money. In the American marketplaceÐthe People. speech until near 4 o'clock, the time the court strongest economy in the worldÐthe manner Mr. Tucker went on to hold membership in had imposed for the end of the rally. In his rein which we make our purchasing decisions is and serve on the Executive Board of the marks, Muhammad urged the crowd to defend a vote. It's a vote of confidence in a product Hampton Democratic Party, the Virginia State themselves by taking the police guns away and a vote of support for the way a company Board of Corrections Education Subcommit- from the officers. `Ànd if you don't have a treats its employees, services its customers, tee, the City of Hampton Charter Review gun, every one of them [police] has one gun, or protects the environment. Commission, the City of Hampton Citizen's two guns, maybe three guns. If they attack That's not a power to be taken lightly. It re- Unity Commission, the Committee for the you take their goddamn guns and use them,'' minds corporations that we, as consumers, Beautification of the City of Hampton, and the he cried. He urged youths to take apart police have a choice. We can reward them for good Board of Hampton Roads Boys and Girls barricades and ``beat the hell out of [police] conduct, or punish them by purchasing from Club. with the railings. You take their night sticks their competitors. So, it is with honor that I call attention to the and ram them up their behinds.'' The problem is that so-called ``free trade'' contributions of William A. Tucker before the Despite this blatant invitation to riot, and de- agreements take away that choice. Not only Congress and the nation and I ask that these spite the police being assaulted by having do they take it away from you and me, but remarks be made a part of the permanent chairs and debris hurled at them, the police they take it away from our states, counties, records of this body. acted with notable restraint. In the resultant and cities. And although the opponents of this f melee, only one civilian was injuredÐas op- amendment claim that it challenges the bal- posed to 15 police officers. ance of power established by the Constitution, IN OPPOSITION TO HATE RALLIES New York State Senator David Paterson, a all that the amendment strives to do is re-es- highly-regarded Afro-American legislator, stat- tablish the power to choose how we spend our HON. BENJAMIN A. GILMAN ed that Muhammad should be arrested for ex- money. OF NEW YORK horting young people to violence. In 1996, the Massachusetts state legislature IN THE HOUSE OF REPRESENTATIVES Yvonne Scruggs-Leftwich, head of the Black overwhelmingly endorsed a law prohibiting the Leadership Forum, which includes most of our state from doing any procurement business Wednesday, September 9, 1998 nation's leading civil rights groups, stated: `Ì with companies that invest in Burma, whose Mr. GILMAN. Mr. Speaker, we are all well think Muhammad is a lunatic and has a men- abominable human rights record we are all fa- aware from media reports of the unfortunate tal problem. I don't know anybody who has miliar with. The taxpayers of Massachusetts incident in New York City this past Saturday, been left out of his vitriolic sweep.'' made it clear that they wanted their elected E1674 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 representatives to use taxpayer dollars to sup- fairs of the Nation's Capital, for Constitutional achieve quick consideration and passage of port corporations for whom human dignity and historic reasons reflecting fundamental this important legislation. meant more than an extra tenth of a percent national policy, are part of the most complex f on this quarter's earnings. local governmental structure in the United In doing so, Massachusetts became the first States. In this Congress, I introduced the `Na- ‘‘LORTON TECHNICAL state to enact such a law, joining dozens of tional Capital Revitalization and Self-Govern- CORRECTIONS ACT OF 1998’’ counties, towns and cities nationwide where ment Improvement Act of 1997' which was doing business with repressive governments is passed with overwhelming bipartisan support HON. JAMES P. MORAN simply not acceptable. As a result, major as a part of `The Balanced Budget Act of OF VIRGINIA firmsÐincluding Apple Computer, Hewlett- 1997.' With the support and hard work of Con- IN THE HOUSE OF REPRESENTATIVES Packard, and MotorolaÐhave severed their gresswoman ELEANOR HOLMES NORTON and Wednesday, September 9, 1998 ties to Burma. the delegation from the Commonwealth of Vir- While the people of Massachusetts broadly ginia, this legislation included the mandated Mr. MORAN of Virginia. Mr. Speaker, today support the action taken by their state, the Eu- closure of the Lorton Prison by the end of the I join my colleagues Mr. DAVIS and Mr. WOLF ropean Union and Japan have filed a World year 2001. Under the law, DC correctional to introduce the ``Lorton Technical Corrections Trade Organization challenge against Massa- functions will be assumed by the Federal Bu- Act of 1998.'' chusetts. The AdministrationÐwhich promised reau of Prisons and DC inmates will be As the title implies, this legislation is nec- us, and continues to promise us, that trade housed at other facilities outside of northern essary to correct a few technical issues that agreements do not undermine states' rightsÐ Virginia. have arisen since Congress enacted the ``Na- has been quietly pressuring Massachusetts Current law would also transfer control of tional Capital Revitalization and Self-Govern- legislators to repeal the law. the Lorton parcel to the U.S. Department of In- ment Improvement Act of 1997.'' One provi- A coalition of 600 of the largest multinational terior after 2001. At the time of enactment of sion in the 1997 law of great interest to the corporations, for whom profits mean far more this law, after considering various options, my residents of south Fairfax was the closing of than human rights, has filed suit against Mas- colleague JIM MORAN and I concluded that the Lorton Prison and the transfer of the federal sachusetts. These are the same corporations Interior Department was the best Federal reservation to the Department of the Interior. who have fought all efforts to keep consumers agency to maintain the integrity of the parcel I believe the General Services Administra- informed about the effects of their purchases and to meet my intention that the area be pre- tion is in a better position to fulfill the 1997 by opposing even the simplest requirements to served as open space to the maximum extent Act's expressed intent of transferring much of label fresh produce with its country of origin, possible. While recognizing the importance of the property back to the Commonwealth of or to establish labels ensuring customers that reserving the authority of members of the Virginia. The General Services Administration products were made without child or sweat- community to assist in the ultimate determina- retains both the legal authority to administer a shop labor. The claim that the Massachusetts tion of future uses of the property, I have al- transfer and the expertise to coordinate with law, and others like it, are unconstitutional. ways been concerned about maintaining sig- Fairfax County, other federal agencies and Since when is the right of consumers to nificant open space in the parcel and avoiding local governments the property's ultimate dis- choose how to spend their money unconstitu- damage to ecologically sensitive areas. I also position and use. The General Services Ad- tional? Since NAFTA? Since GATT? believe that we must ensure that the I±96 cor- ministration also has the capability to see that Like many of my colleagues, I would prefer ridor is not burdened by further traffic conges- the property is properly cleaned of any envi- to act on these issues by repealing and re- tion in the Lorton area. ronmental hazards. negotiating trade agreements to ensure that However, subsequent to the enactment of The legislation I am introducing today trans- human rights, workers, and the environment the closing of Lorton Prison it has become fers ownership of the property from the De- are protected to the same extent as intellec- clear that the Department of the Interior is not partment of the Interior to the General Serv- tual property rights and corporate profits. I the agency best suited to handle the future ices Administration. To ensure that future land would prefer to see the impacts of these disposition of the Lorton parcel. Therefore, it use is consistent with the wishes of the local agreements on states' rights and consumer's has become incumbent upon the Virginia dele- residents and the local government, the legis- rights clearly defined before we commit our- gation to once again work to establish a Fed- lation requires Fairfax County to develop and selves. But we all know that's not going to eral mechanism that will properly address the submit a reuse plan within one year of enact- happen. This amendment is a very small step future of the land. ment. The Department of the Interior may, in that direction. This bill introduced today will create such a through the Fish and Wildlife Service, ex- We owe it to the people of Massachusetts, mechanism. This legislation is the result of change surplus land for property that benefits San Francisco, New York City, Ann Arbor, many hours of hard work and negotiation be- the Fish and Wildlife Service and the Com- Palo Alto, Chapel Hill, and dozens of other tween Congressman MORAN, Congressman, monwealth of Virginia. The Fish and Wildlife American towns with similar laws, to uphold WOLF, Senators WARNER and ROBB, the Gen- Service, for example, has expressed interest their rights as consumers and their belief in eral Services Administration (GSA), the De- in acquiring some portion of the Meadowood ``what is good'' over ``what is profitable.'' I urge partments of Interior and Justice, the Office of property that would be exchanged for land ad- my colleagues to support the amendment. Management and Budget, and myself. Under jacent the Mason Neck Wildlife Refuge that is f the bill 1) the GSA will assume control of the now held by the Northern Virginia Regional land; 2) the County of Fairfax will submit an Park Authority. H.R. 4523, THE LORTON TECHNICAL official reuse plan to the GSA delineating pre- While much of the Lorton Property would be CORRECTIONS ACT OF 1998 ferred permissible or required uses of the reserved for green space and parkland, some land; and 3) the Department of Interior will portions, particularly those tracks adjacent to HON. THOMAS M. DAVIS have the ability to reserve a portion of the land the I±95 corridor, could be developed, if such OF VIRGINIA if desired to enhance U.S. Fish and Wildlife development is called for under Fairfax Coun- IN THE HOUSE OF REPRESENTATIVES Service properties within the Commonwealth ty's reuse plan. The legislation also estab- of Virginia. lishes a special fund. Proceeds from any land Wednesday, September 9, 1998 Most importantly, this legislation will allow sale for development would be used to cover Mr. DAVIS of Virginia. Mr. Speaker, I rise for the continuance and expansion of park and the cost incurred by the General Services Ad- today to introduce the `Lorton Technical Cor- recreation uses on the parcel. The County of ministration to administer and dispose of the rections Act of 1998.' This important legisla- Fairfax, working with GSA, will have the ut- property and finance any environmental clean- tion, cosponsored by Congressman JIM most flexibility to preserve the rural character up at the Lorton Correctional Complex. MORAN and Congressman FRANK WOLF, will of the land; expand parkland and recreational With the enactment of the ``National Capital serve to put a mechanism in place to deal with amenities to better serve the region, and guar- Revitalization and Self-Government Improve- the future of the lands associated with the antee that all projects on the land do not fur- ment Act of 1997,'' several competing visions Lorton Correctional Complex in Lorton, Vir- ther burden the I±95 corridor and do serve to have arisen on the appropriate reuse of this ginia. enhance the quality of life of Virginia resi- property. By granting the General Services In early 1997, the Congress and the Admin- dents. Administration the lead federal role, but ulti- istration agreed to work cooperatively, in good I look forward to working with Congressman mately relying on Fairfax County, through the faith, to restructure the Federal relationship MORAN, Congressman WOLF, Congresswoman public hearing process, to determine its appro- with the District of Columbia. The municipal af- NORTON and Senators WARNER and ROBB to priate reuse, the ``Lorton Technical Corrections CONGRESSIONAL RECORD — Extensions of Remarks E1675 Act of 1998'' should help bring the successful At a time when our nation continues to see as a result of the Erie Railroad, who was resolution and closure to the Lorton property. the damaging effects of racial tensions, gang largely responsible for creating Grace Epis- f violence and hate crimes, the demand for copal Church. He was a signer of the Act of skilled professionals trained in conflict medi- Incorporation, the first Junior Warden, then AUTHORIZING THE GSA TO DIS- ation has reached a new height. We must ac- Senior Warden for the rest of his life. POSE OF THE LORTON CORREC- knowledge the services this division of the De- In 1845, after much deliberation, land was TIONAL COMPLEX IN VIRGINIA, partment of Justice has brought to mayors, purchased to erect a church on North Street, H.R. 4523 chiefs of police, school superintendents and its current location. It is now the second oldest concerned citizens of the community. In my church building still in use in Middletown. The HON. FRANK R. WOLF home City of Los Angeles, the Community Re- first church service was held on Christmas OF VIRGINIA lations Service played a vital role in resolving Eve, 1847. IN THE HOUSE OF REPRESENTATIVES the week-long turmoil of the LA riots in the Grace Church strives to be involved in the Wednesday, September 9, 1998 Spring of 1992. The recent events in Jasper, life of the community and social outreach, as Texas proved another opportunity to employ well as trying to increase and strengthen its Mr. WOLF. Mr. Speaker, today I rise to join these trained professionals to resolve conflict inreach to the members of the parish. The di- my Virginia colleagues TOM DAVIS and JIM and prevent further tensions from rising. With- versity of the members of this parish is a MORAN in sponsoring important legislation out their interventions, the unresolved tensions source of pride to its members and is one of which will allow the General Services Adminis- of these conflicts will fester and could continue the reasons that people of varying back- tration (GSA) to dispose of the Lorton Correc- indefinitely, breeding further hate and violence. grounds can feel welcome there. tional Complex in Virginia. I believe all of my colleagues here can Beyond its normal parish duties, the church Last month Virginia Governor Jim Gilmore agree that our efforts to alleviate violence in provides a soup kitchen, a RENT (Relief from announced that the Commonwealth of Virginia schools and communities is not something we Eviction for Needy Tenants) program, and A and the District of Columbia had agreed to fi- should choose to ignore. This is not an exam- Place of Grace, Inc., which was formed to nally close Lorton and relocate the remaining ple of a duplicated Federally funded program. help those living with HIV/AIDS. These are prisoners to privately run facilities around the This is the only Federal agency working to only a few of the programs which has made state. This, Mr. Speaker, is good news for Vir- provide this type of assistance in times of the Grace Episcopal Church an active part of ginia and the remaining occupants of the pris- need and attempt to prevent further outbreaks Middletown's community. on. of violence and hate crimes. The demand for Mr. Speaker, I join our community in extend- Mr. Speaker, over the years conditions at these services is growing and the Community ing my congratulations to the church councils, Lorton have gone from bad to worse. With Relations Service has proven itself successful and its congregation for the 150th anniversary chronic overcrowding, inmate idleness, wide- in what has been deemed the most efficient of their reputable and noteworthy church. I spread drug use, inadequate education and and desirable approach to conflict resolution. would also like to take this opportunity to invite training programs and increasing violence, Yet, at the current funding level CRS is unable my colleagues to join with me in recognizing Lorton has become a ``finishing school'' for to meet the demand for such services. Last the great contributions of the Grace Episcopal criminals. The situation has grown so bad, Mr. year, the CRS was forced to decline 40 per- Church in Middletown, NY. Speaker, that the Federal Bureau of Investiga- cent of all the requests for assistance that tion has agents inside the prison to investigate they received. f only the crimes taking place within the prison. We hear members on the other side of the RETIREMENT OF JUDGE FRANK With the closure of Lorton, inmates will be aisle speaking of a more efficient government. ARNOLD distributed to sites around the state that offer The CRS is an example of not only an effi- more opportunities such as training and edu- cient agency, but one that is cost effective. cation. An inmate who gains a skill or learns We can choose to help resolve conflict or we HON. MARION BERRY a trade is better prepared to live a life without can pay the price of the crimes and convic- OF ARKANSAS crime upon his or her release. Recidivism, a tions that will inevitably follow. I say we must IN THE HOUSE OF REPRESENTATIVES major problem at Lorton, will hopefully drop. meet the need for this demand and fully fund Wednesday, September 9, 1998 At the same time, Mr. Speaker, the neigh- the CRS. bors of Lorton will no longer have to sit up Mr. Chairman, I urge my colleagues to vote Mr. BERRY. Mr. Speaker, I rise today to nights worrying about escapes. Instead, the in favor of the Jackson-Lee amendment. pay tribute to Judge Frank Arnold. Judge Ar- Fairfax County Board of Supervisors has f nold has served as county judge in Sharp unanimously agreed upon a plan that provides County, Arkansas and will retire this year after for a recreational use on most of the property. IN CELEBRATION OF THE 150TH two decades. This bill establishes the framework by which ANNIVERSARY OF THE GRACE Judge Arnold is a unique individual who I the process will be undertaken. I lend it my EPISCOPAL CHURCH OF MIDDLE- have had the opportunity to get to know over support and urge the House's approval. TOWN, NEW YORK the last 10 years. He is a wonderful man who f would give you the shirt off his back if you HON. BENJAMIN A. GILMAN asked him to. Judge Arnold is one of those pil- DEPARTMENTS OF COMMERCE, OF NEW YORK lars of the community that works hard every JUSTICE, AND STATE, AND JUDI- IN THE HOUSE OF REPRESENTATIVES day, plays by the rules and does whatever is CIARY, AND RELATED AGENCIES necessary to make the community successful. APPROPRIATIONS ACT, 1999 Wednesday, September 9, 1998 He has been a loyal friend and support of me Mr. GILMAN. Mr. Speaker, I would like to and is a true politician's politician. Judge Ar- SPEECH OF take this opportunity to call the attention of my nold has also been a tireless advocate of sen- HON. ESTEBAN EDWARD TORRES colleagues to the 150th anniversary of the iors, education, children, and industrial development in Arkansas. When you come to the OF CALIFORNIA Grace Episcopal Church of Middletown, NY. For one hundred and fifty years the War- Sharp County line, the roads are wider and IN THE HOUSE OF REPRESENTATIVES dens, Vestry and Parishioners of Grace Epis- smoother, the people are happier and life is Tuesday, August 4, 1998 copal Church have served the community of better because of Frank Arnold. The House in Committee of the Whole Middletown, bringing neighbors, friends and Judge Arnold is one of those people who House on the State of the Union had under the community as a whole together. The never goes back on his word. He has many consideration the bill (H.R. 4276) making ap- church has been instrumental in the develop- loyal followers in Sharp County and I know he propriations for the Department of Com- ment of Middletown, helping to educate and fill will be missed as a wonderful public servant. merce, Justice, and State, the Judiciary, and the spiritual needs of residents and families On September 19, Judge Arnold will be joined related agencies for the fiscal year ending throughout the region. by family, friends, and community members in September 30, 1999, and for other purposes. The Grace Episcopal Church is a truly re- honoring him and thanking him for the many Mr. TORRES. Mr. Chairman, I rise in sup- markable organization, built in 1847 and con- contributions he has made to the community port of the amendment by Congresswoman secrated in 1848 by Bishop William Heathcote and I am sure will continue to make. Judge JACKSON-LEE to increase funding for the Com- DeLancey of Western New York. However, it Arnold, I wish you the best. I am proud to call munity Relations Service (CRS). was Elisha Wheeler, who came to Middletown you my friend. E1676 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 TRIBUTE TO MOM’S HOUSE IN Code, recent laws related to patriotic and na- isville forever, his legacy will. I wish him the JOHNSTOWN, PENNSYLVANIA tional observances, ceremonies, and organiza- very best and hope he will always think of tions not included in title 36 and to make other Louisville as his home. HON. JOHN P. MURTHA technical and conforming amendments to the f Code. This bill was prepared by the Office of OF PENNSYLVANIA TRIBUTE TO K&L ENTERPRISES, the Law Revision Counsel of the House of IN THE HOUSE OF REPRESENTATIVES INC. Wednesday, September 9, 1998 Representatives under its statutory mandate (2 U.S.C. 285b) to prepare and submit periodi- Mr. MURTHA. Mr. Speaker, I'm pleased to cally revisions of positive law titles of the code HON. BART STUPAK be able to take this opportunity before my Col- to keep those titles current. OF MICHIGAN leagues in the House of Representatives to This bill makes no change in the substance IN THE HOUSE OF REPRESENTATIVES pay tribute to a very special organization in of existing law. Wednesday, September 9, 1998 the district I represent. Mom's House, located Anyone interested in obtaining a copy of the Mr. STUPAK. Mr. Speaker, there is a in Johnstown, Pennsylvania, is celebrating its bill and a section-by-section summaryÐcon- 15th anniversary. I'd like to tell you about this unique restaurant story in my 1st Congres- taining reviser's notesÐof the bill should con- extraordinary organization, founded by an ex- sional District of Michigan. At the heart of the tact John R. Miller, Law Revision Counsel, ceptional person who is a longtime friend as story is the great American fast food, the ham- U.S. House of Representatives, H2±304 Ford well, Peg Luksik. burger. What makes this story unique, how- Mom's House was founded in 1983 to offer House Office Building, Washington, D.C., ever, are the side orders and the condiments: young women with unplanned pregnancies an 20515±6711. The telephone number is (202) family and faith, enterprise and a determina- alternative to abortion and welfare. The pro- 226±2411. tion to overcome economic adversity, the re- gram was the first of its kind in the nation and f wards of hard work, and a 30-year history of has served as a national model of private and HONORING MR. OSCAR D. CANAS partnership and cooperaton that have made friendships firm and fast. public sector cooperation in assisting young, FOR HIS CONTRIBUTIONS TO THE Now that's a meal we'd like to serve up bil- single parents. LOUISVILLE, KENTUCKY COMMU- lions of times all over the world. It is a non-denominational, non-profit, li- NITY censed day care center that provides quality On Saturday, Sept. 12, K&L Enterprises Inc. care and educational programs to preschool celebrates this special combo with a gala children as well as supportive services to their HON. ANNE M. NORTHUP gathering in Marquette. The guests will have parents, allowing them to complete their edu- OF KENTUCKY an opportunity to study the menu for success cation. IN THE HOUSE OF REPRESENTATIVES that has spawned eight Hardee's Restaurants The way the program works is the parents Wednesday, September 9, 1998 and 14 Subway Restaurants in Michigan's sign a contract to be full-time students, keep Upper Peninsula and northern Wisconsin. up their grades, attend parenting classes and Mrs. NORTHUP. Mr. Speaker, I rise today These businesses generate a total annual volunteer three hours a week at the center. with respect and admiration for a man of great payroll of $3.5 million and provide work for In addition, the Mom's House Memorial fortitude and commitment to his community. 500 employees, 50 of them full time. Scholarship Fund was established in 1987 to As a resident of Louisville, Kentucky, Oscar The K of K&L is Harry Krebs, who 30 years help single parents pay for the increasing Canas has blessed the city and the surround- ago sold his car and, as he says, whatever costs of tuition while pursuing their education. ing area with his good will and determination else he could sell that made sense, to get the Two scholarship awards were given in the first to provide health services to those who need funds to buy his first Burger Chef in Esca- year of the program, and twelve awards were it mostÐthose who are unable to afford health naba. given in 1998. services. Oscar has made the Family Health The L of K&L is Bill LaVallie, who drove up The program has since expanded to other Centers in Louisville, and the 40,000 patients from Milwaukee, Wis., to see how his sister locations in Pennsylvania as well as three which have been served, his second family. and her husband Harry were doing with their other states, with the Johnstown facility serv- Starting from humble beginnings, Oscar and business. ing as the national headquarters. his wife Hilda came to the United States in `Ìt was crazy from the start,'' Bill recalls. Staffing needs are met through cooperation 1962 shortly after Cuba was consumed by ``They were working 15 hours a day, seven with community agencies such as the Foster Castro and his militants. Leaving their country days a week, not worrying about inventory, Grandparent Program, Retired Senior Volun- with no money and only the clothes on their just pumping out those burgers.'' teers, United Way and local colleges, univer- backs, Mr. Canas and his wife came to Louis- When Harry told Bill there was an oppor- sities and churches. In May of 1992, Mom's ville to make a new homeÐand we are so tunity to open a Burger Chef in Marquette, Bill House was awarded the 768th ``Daily Point of glad that they did. Five years later, Oscar and didn't hesitate. Despite a snowstorm that Light'' by President George Bush for its ``gen- his wife became proud citizens of the United seemed to continue from December 1968 erosity and willingness to serve others.'' States. At the same time he was trying to through the 1st of March, 1969, the Marquette To date, Mom's House has helped over master the English language, Oscar Canas at- restaurant continued in business, and the part- 2,500 single parents and cared for their chil- tended school and held full time employment. nership of Krebs and LaVallie was born. Bill's brother Terry was in charge of the dren, enabling these families to have a bright- In 1972 he received a Master's Degree from opening of the Ironwood Burger Chef in 1975, er and happier future. the University of Louisville and four years later working his way toward ownership and a role This is the kind of caring, community-based established the Family Health Centers, a net- as part of the corporate triumvirate. effort that our country needs many more of. I work of community health centers to meet the applaud all the people at Mom's House and The company weathered the sometimes needs of the underserved. painful but ultimately positive conversion of congratulate them on 15 years of outstanding Family Health Centers has five locations to community service and thank them for the Burger Chef Systems to Hardee's Food Sys- meet the needs of residents in Louisville. I be- tems. With the inclusion of the Subway fran- priceless gift they give to these families. lieve Oscar's hard work and dedication to pro- f chise, the company's growth in 1989 was a re- viding health care to underserved is a con- markable five new restaurants. CODIFICATION OF RECENT LAWS stant reminder to the local community and to Mr. Speaker, the story of K&L is mirrored TO BE INCLUDED IN TITLE 36, Congress that these services are truly essen- across the nation in the growth of food fran- UNITED STATES CODE, PATRI- tial. Since I have come to know him, Mr. chises. What is remarkable is the way these OTIC AND NATIONAL OBSERV- Canas has been forthright with his concerns partners and extended family members have ANCES, CEREMONIES, AND ORGA- about health care policy and he has been an expressed their esteem for one another and NIZATIONS asset to me in providing pertinent local infor- their appreciation for their success. mation relevant to federal decision-making. I Listen to the partners on the occasion of HON. HENRY J. HYDE consider him a colleague and a friend. their 25th anniversary. Louisville is sad to see a member of our `Ùncle Harry'' Krebs says, ``The Lord gave OF ILLINOIS community move away, and I share the sor- IN THE HOUSE OF REPRESENTATIVES Sandy and I this businessÐwe thank Him for row as Oscar make plans for retirement. Al- that and for the trust and confidence in K&L.'' Wednesday, September 9, 1998 ways thinking of family, Oscar is leaving his ``Burger Bill'' LaVallie says, `Ì have partners Mr. HYDE. Mr. Speaker, today, I am intro- Family Health Centers family to be with his whose honesty, integrity and dedication has ducing a bill to codify in title 36, United States own in Florida. While he may not stay in Lou- never been questioned.'' CONGRESSIONAL RECORD — Extensions of Remarks E1677 People are also the key ingredient for Terry IN HONOR OF ROBERT ‘‘WORT’’ of my colleagues to consider this important LaVallie. ``K&L has been blessed with terrific REED bill. employees over the years, and that in large f part is the reason for our success,'' he says. HON. MARION BERRY BIPARTISAN EFFORT ON ISSUES From the kitchens of Sandy and Harry OF ARKANSAS RELATING TO THE STARR RE- Krebs, Bill and Carol LaVallie, and Terry and IN THE HOUSE OF REPRESENTATIVES PORT EMERGES Jeanine LaVallie, those are recipes for suc- Wednesday, September 9, 1998 cess that everyone can appreciate. Mr. BERRY. Mr. Speaker, I rise today to HON. JOHN CONYERS, JR. honor the memory of my good friend and OF MICHIGAN f neighbor, Robert ``Wort'' Reed, who passed IN THE HOUSE OF REPRESENTATIVES away recently. Wort lived in my hometown of FIFTH ANNUAL GOLD KEY Wednesday, September 9, 1998 Gillett and was the perfect example of a good AWARDS DINNER OF THE LOS neighbor and friend. He was a hard worker Mr. CONYERS. Mr. Speaker, earlier today, ANGELES OPPORTUNITIES IN- who never failed to pitch in when a friend or I met with Speaker GINGRICH, Minority Leader DUSTRIALIZATION CENTER neighbor needed him. Wort was always ready GEPHARDT, Majority Leader ARMEY, and Judici- to do his part for the community, school, ary Committee Chairman HYDE to talk about church, or profession. He had a great sense of issues relating to the report from Independent HON. JULIAN C. DIXON fairness and honesty. He was one of those Counsel Kenneth Starr. OF CALIFORNIA rare people who took care of his own business In the past, I have had concerns about the and only wanted enough. He came from a partisan approach taken by the majority on IN THE HOUSE OF REPRESENTATIVES family that lived the values we talk about procedural issues relating to how the Judiciary Wednesday, September 9, 1998 every day on the House floor. If the measure Committee will handle the Starr report. In par- of a great man is the children he leaves be- ticular, I was concerned about the prominent Mr. DIXON. Mr. Speaker, I rise to com- hind, then he is by all measures great. role played by the House Rules Committee in memorate the Fifth Annual Gold Key Awards Let us today pay tribute to a friend, role drafting the procedures we will use, and about Dinner of the Los Angeles Opportunities In- model, community leader, and Christian why Democrats were excluded from the proc- dustrialization Center (LAOIC) and pay tribute whose standard we should all follow. Wort will ess of drafting those procedures. to this year's honorees. We often hear people be remembered and missed by all of his While I have learned over the years to be talk about the need to provide job training for friends and family in Gillett, AR. cautious about promises made to me, I must those who are unskilled or whose skills have f say that I was pleasantly surprised by our become obsolete. For the past five years, the meeting. Of course, we did not have time dur- LAOIC has been doing just that. CRIME CONTROL ACT SHOULD ing our meeting to get into the specifics of the INCLUDE ALL YOUTH UNDER 21 procedures that will govern our work, but we Under the progressive leadership of Board were able to agree that our approach must be Chairman Wally Fassler and President/CEO HON. GERALD B.H. SOLOMON bipartisan, and that these issues are so seri- Bishop Leon Ralph, LAOIC prepares its stu- OF NEW YORK ous to the Congress, the President, and the dents to be competitive in job markets with a IN THE HOUSE OF REPRESENTATIVES citizens of our country that each of us has a futureÐautomotive, computer and sales. duty to rise above party politics and do what LAOIC has been on a mission, and it has suc- Wednesday, September 9, 1998 is best for our nation. ceeded over and over. Since 1993, it has Mr. SOLOMON. Mr. Speaker, I would like to During our meeting today, we agreed on a graduated nearly 600 students and boasts an offer my sincerest thoughts and prayers to ev- number of things. First, the majority agreed to outstanding job placement rate. eryone who has had to endure the extraor- increase the minority's staffing allowance from Job training is only part of the story. LAOIC dinary dreadful experience of having a loved 4 investigative slots to 6 investigative slots. also includes life skills lessons. It helps its stu- one abruptly disappear. In particular, my deep- This increase means that there will be 12 ma- dents become stakeholders in their commu- est sympathy is extended to the family of Su- jority investigators and 6 minority investigators. nities with a positive outlook for the future. zanne Lyall. Suzanne, a resident of Ballston This increase in the minority staff will allow Spa, NY, vanished from her life as a student both parties to consider and analyze the report On October 7, 1998, LAOIC will host its at SUNY Albany in March of this year. Cam- and its accompanying materials more carefully Fifth Annual Gold Key Awards Dinner at the pus security, local police, and the FBI have all than would have been possible under the prior Hyatt Regency Hotel in downtown Los Ange- investigated the matter with no success. In allocation. les. In addition to raising much needed funds this case, the authorities did not hesitate to re- Second, the report, at some point, is likely for its programs, LAOIC will honor several report the disappearance to the National Crime to be made available to the public. We still markable individuals who have blazed trails Information Center and the State Missing and hope that the President's counsel will have an and made outstanding contributions to improv- Exploited Children Clearinghouse. Notification opportunity to review the report before it is ing the plight of disadvantaged and to these agencies automatically alerts and made public and submit any additional views disenfranchised people. The 1998 special hon- links crucial information to the appropriate au- that he feels are necessary to a complete un- orees include: The Honorable Tom Bradley, thorities nationwide. However, this immediate derstanding of the events. Such a submission the former Mayor of Los Angeles; Monsignor and vital action is not required by law, and I is extremely important because, as you al- Gregory A. Cox, the Executive Director of believe it should be! ready know, the grand jury witnesses were not Catholic Charities; and Dr. Clyde W. Oden, Currently, the Crime Control Act of 1990 re- subject to cross examination and did not have President and Chief Executive Officer of UHP quires that all state and local law enforcement their attorneys present while testifying. As HealthCare. agencies impose a 24 hour waiting period be- such, the witnesses' testimony was not subject The dinner chairmen are Kenneth T. Derr, fore accepting reports of missing persons over to the rigorous, adversarial process that our Chairman of the Chevron Corporation, and the age of 17. Mr. Speaker, I have introduced legal system mandates for the purpose of elic- Rev. Leon Sullivan, Chairman of OIC of Amer- legislation that amends the Crime Control Act iting the truth. If the President's counsel were ica. The keynote speaker is Eli Segal, Presi- to include persons up to 21 years of age. I given the chance to review the report and sub- feel that this legislation is necessary to ensure dent of the Welfare to Work Partnership. The mit his views on the evidence before the re- that all cases dealing with missing youths port is made public, Congress would have the Partnership, which is comprised of 3,000 pri- under the age of 21 are handled without hesi- advantage of hearing both sides of the story vate sector employers, was formed to answer tation. When investigating any disappearance, and determining the facts based upon all of President Clinton's challenge to the business time is of the essence. My bill would allow law the evidence. community to open employment opportunities enforcement agencies to contact the National Third, during our meeting this morning, we for welfare recipients. Crime Information Center and the State Miss- decided that the grand jury materials accom- I ask my colleagues to join me in commend- ing and Exploited Children Clearinghouse im- panying the report, including all testimony and ing the LAOIC for its tenacity, determination mediately. This slight change in the law might any physical evidence would, for the foresee- and spirit. LAOIC deserves our encourage- make the difference in a missing persons able future, remain sealed and available only ment, applause and support. case, and help to reunite a family. I urge all to Congress. We agreed that this would be the E1678 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 best course of action because the materials vada, utilizing weekends and regular days off Bud's many years of hard work and leader- may include information revealing the private to travel; travel by an employee that utilized ship as an independent insurance agent have lives of private citizens, people who are in- annual leave or regular days off to take 7 trips resulted in a distinguished career marked by volved in this matter only as innocent bystand- to Los Angeles, California, and 1 trip to Mu- outstanding service to his colleagues and his ers. nich, Germany; and employee that took 17 profession. On the state level, Bud served IBA A number of areas of disagreement remain, trips to his military reserve duty stations; and West on various committees and as president but I am pleased that we were able to talk this 7 couples that took 21 flights for extended in 1981. From 1983±1986 he served as the morning in a bipartisan manner. We look for- weekends and vacations. And, according to an IBA West representative on IIAA's Board of ward to working with our colleagues across article published in the Washington Post, State National Directors. In 1987, Bud re- the aisle, and I fully intend to hold them to the 247,840 authorizations for travel under the ceived the P.S.W. Ramsden Memorial Award, promises that they have made to us. auspices of this program were issued by the the highest honor conferred by the California f FAA between January 1993 and April 1994. state association. Unfortunately, the FAA failed to act on this Later, when elected chairman of IIAA's Gov- ELIMINATE THE FAA’S LIAISON 1996 report, and that is why I am introducing ernment Affairs Committee, Bud's passion for AND FAMILIARIZATION TRAIN- legislation that will reform this program so that the legislative process resulted in four highly ING PROGRAM these abuses and ethical violations will not successful years for the organization. In rec- occur in the future. ognition of his exceptional work, Bud was hon- HON. RAY LaHOOD The Inspector General's August 3 memo ored with the IIAA's Sydney O. Smith Legisla- OF ILLINOIS makes several recommendations for reform. I tive Award in 1994. IN THE HOUSE OF REPRESENTATIVES believe these recommendations are valid, rea- Bud was subsequently elected to IIAA's Ex- sonable, and absolutely necessary in order to Wednesday, September 9, 1998 ecutive Committee in 1994 and was selected curb the ethical lapses that have occurred, as IIAA President last year during the Associa- Mr. LAHOOD. Mr. Speaker, I rise today to while still preserving the program's valuable tion's 102nd annual convention held in Hawaii. bring attention to the frequent flyer program training and safety benefits. My bill simply Throughout his time as one of IIAA's top elect- that is currently being run down at the Federal adopts the recommendations of the Inspector ed officials, he became known for his effec- Aviation Administration. But unlike other fre- General and requires the FAA to transmit a re- tiveness and devotion to the independent quent flyer programs, you don't have to earn port to Congress on the implementation of agents around the country and for millions of your free flight in this programÐall you have these reforms. Specifically, the IG's report American insurance consumers. to do is sign up. What I am referring to, of makes the following recommendations pre- In addition to serving his colleagues and cli- course, is the FAA's Liaison and Familiariza- cluding FAM travel that ``(1) involve travel on ents, Bud has also been extensively involved tion Training Program (FAM), a program that leave days or days off; (2) involve scheduled in his community. He is past-president of the was originally created to give air traffic control- leave of days off between the outgoing flight Chula Vista Rotary Club, the Chula Vista Jay- lers an awareness of, and familiarization with, and the return flight when management makes cees, the Chula Vista Community Hospital cockpit and pilot procedures by allowing them an affirmative documented determination that Board of Trustees, and the Chula Vista Salva- to ride in the cockpit's jump seat. This pro- such is for legitimate purposes and will not tion Army. He has also helped with numerous gram, while laudable in purpose, has unfortu- create an appearance of impropriety; or (3) in- other Chula Vista community projects. nately turned into a ``popular perk'' for FAA volve foreign overseas travel for an employee On an interesting aside my colleagues will employees who are more interested in getting in a facility that does not work oceanic air- appreciate, Bud also has the honor of being free air travel for vacations and personal rea- space.'' In addition, the IG report makes the the nephew of our former colleague the Hon- sons than they are in observing and learning further recommendation that `àppropriate con- orable Bob Wilson of California. about cockpit and safety procedures. The trols must require preapproval of FAM flights I congratulate my friend and activist citizen abuses of this program were so bad, in fact, by supervisory personnel and only then when for a job extremely well done. Although he is that the Inspector General of the Department the supervisor determines that the specific stepping down as IIAA president, I am con- of Transportation recently recommended a flight meets official training needs of the FAA.'' fident his service to IIAA, his colleagues, and It is time that we reform this program. The number of reforms be made to the program. It his fellow citizens of Chula Vista will continue abuses have gone on for too long, so long, in is, in the words of one airline's slogan, becom- for years to come. fact, that the program is considered an entitle- ing obvious that FAA employees love to fly, f and it shows. Today, I am introducing a bill ment by air traffic controllers in their contract that will implement the Inspector General's re- negotiations with the FAA. This program has, THE 75TH ANNIVERSARY OF forms in order to curb the rampant and wide- according to the IG, become ``what is widely TEMPLE BETH-EL spread abuse of the FAM program by FAA understood to be a popular `perk' for many employees. FAA employees''Ða perk that I believe needs to end. HON. BENJAMIN A. GILMAN In an August, 3, 1998 memo to Jane Gar- OF NEW YORK f vey, the FAA Administrator, Kenneth Mead, IN THE HOUSE OF REPRESENTATIVES the DOT's Inspector General (IG), reiterated TRIBUTE TO BUD WILSON OF Wednesday, September 9, 1998 his concern over the ``serious continuing, and CHULA VISTA, CALIFORNIA FOR widespread lapse of ethics in the Liaison and THE COMPLETION OF HIS TERM Mr. GILMAN. Mr. Speaker, I rise today to Familiarization program (FAM).'' This program, AS PRESIDENT OF THE INDE- note that the Temple Beth-El, in the Town of which dates back to the 1940's, was originally PENDENT INSURANCE AGENTS Bethel, New York, is celebrating its 75th anni- created in order to allow FAA employees, par- OF AMERICA versary. From its beginnings in a simple barn, ticularly air traffic controllers, to ride in an air- this congregation has grown through many line cockpit's jump seat in order to become fa- HON. BRIAN P. BILBRAY tribulations into a thriving, highly accepted miliar with the environment in which pilots op- community. OF CALIFORNIA erate. However, over the past two decades The Beth-El congregation was formed near IN THE HOUSE OF REPRESENTATIVES this program has been increasingly misused the turn of the century by a small group of by employees. And, I don't think I need to re- Wednesday, September 9, 1998 summer residents who vacationed at the mind you, Mr. Speaker, that accepting gifts of Mr. BILBRAY. Mr. Speaker, I rise today to shores of North White Lake, which is now free travel is in direct contravention to a host commend a fellow Californian and good friend, called Kauneonga Lake. The congregation of laws, regulations, and executive orders. Bud Wilson of Chula Vista, who last month was comprised of Jews from New York City Among the rampant abuses that were de- completed his one-year term as president of whose faith inspired them to organize religious tailed in a February 20, 1996 IG report were the Independent Insurance Agents of America services during their summer vacations. The the following: an employee that took 12 week- (IIAA), the nation's largest insurance associa- congregation, then called the Congregation end trips in a 15-month period to visit his fam- tion. Bud's term as president of the IIAA is the Anchai of North White Lake, met in a hotel ily in Tampa, Florida; an employee that took crowning accomplishment of his many years owned by Charles Kroner. Because the con- 10 weekend trips in a 9-month period to visit of tireless effort and dedication to IIAA, the In- gregation was Orthodox, and allowed no travel the city where he ultimately retired; an em- surance Brokers and Agents of the West (IBA on the Sabbath or holidays, the Kroner family ployee that took 7 trips to Fort Myers or West), his 300,000 colleagues across the went so far as to donate both meals and lodg- Tampa, Florida, and 2 trips to Las Vegas, Ne- country, his clients, and his community. ing to worshipers. CONGRESSIONAL RECORD — Extensions of Remarks E1679 The congregation grew quickly and needed may Temple Beth-Al, enjoy many more years PUNJAB GOVERNMENT TRIES TO a larger, more permanent space to worship. A of growth and community service. SHUT DOWN PEOPLE’S COMMIS- small house and barn built the previous cen- SION FOR EXPOSING GENOCIDE tury was purchased in 1923. Congregation f members took down the house and rebuilt the HON. EDOLPHUS TOWNS barn into a more suitable place of worship. PUBLIC EDUCATION FOR THE 21ST OF NEW YORK Services began the following year and the CENTURY IN THE HOUSE OF REPRESENTATIVES congregation changed its name to Temple Wednesday, September 9, 1998 Beth-El. This change symbolized both the beginning of a more permanent congregation, as HON. PETER DEUTSCH Mr. TOWNS. Mr. Speaker, I was disturbed well as pride in their Town: Bethel, New York. OF FLORIDA to learn recently that the Chief Minister of ye their tale goes deeper than the story of Punjab, Parkash Singh Badal, and many politi- how a barn became temple. The story of the IN THE HOUSE OF REPRESENTATIVES cal leaders there are trying to outlaw the Pun- Sisterhood of Temple Beth-El is equally inspir- Wednesday, September 9, 1998 jab People's Commission, which is exposing ing. They began in the 1940's as a small the genocide against the Sikhs by the police group of women who organized to provide Mr. DEUTSCH. Mr. Speaker, today Presi- and security forces. economic support to their temple. Due to the dent Clinton visited my home state of Florida The Punjab government tried to prevent the Orthodox nature of the congregation, women to promote the Administration's education ini- commission's first meeting by canceling the and men were not allowed to sit together dur- tiatives as education policy moves into the meeting space that the commission had re- ing worship. The women endured balcony 21st Century. While we have made significant served. However, one of the local Gurdwaras seats during summer services and were sub- progress in recent years, there is a lot of work in Chandiagarh offered its meeting space and jected to poor ventilation and buzzing hornets yet to be done. I rise today to wholeheartedly the meeting was held anyway. for their faith. In the 1970's the congregation support the strengthening of public education During that meeting the People's Commis- turned conservative, and the women were al- through these initiatives. In order to meet the sion issued citations in more than 90 cases lowed to join the men on the main floor of the high education standards that we are setting against police officers who have committed temple. They continued to host pancake for our children today, we need to provide atrocities against the Sikhs of Punjab, breakfasts and barbeques to raise money for public schools with the tools for preparing our Khalistan. It took up more than 3,000 other both their temple and community. They children for the challenges of the next millen- cases. This shows the pattern of repression, opened a second hand store to both assist the nium. terror, and genocide against the Sikhs in Pun- poor and their congregation. Class sizes must be reduced, new teachers jab, Khalistan. That is why the Badal govern- From these humble beginnings in a barn be- must be hired, and new schools must be built. ment and the political leaders there want the hind a home, this congregation has grown and Schools must also be made safer and, there- commission closed down. thrived. It has hosted more than ten rabbis, We cannot sit idly by while this vital com- fore, more conducive to learning. I believe that endured threats from the Ku Klux Klan, and mission is destroyed. It is the only group with- the expansion of charter school programs is a yet perserved and remained true to the He- in Punjab, Khalistan that is exposing the geno- positive trend which will benefit children brew meaning of its name, House of God. cide. The Council of Khalistan has issued an throughout the United States. Lastly, federal I am especially moved by the fond memo- excellent Open Letter on this issue. I urge my tax credits will be a crucial to support the ren- ries members had not only of the services colleagues, especially those who are always ovation and modernization of our schools, themselves. but the card parties and penny lecturing us about how wonderful Indian de- many of which have become plagued by struc- socials hosted by those involved with the tem- mocracy is, to read it carefully. tural and age-related problems. ple. It is the tales of Bar Mitzvah's and wed- In light of the facts presented in this letter, dings, births and deaths, which touch me the Mr. Speaker, I urge my colleagues to sup- I call on my colleagues to maintain sanctions most. They show the extent to which the tem- port the Administration's program for public against India and to support an internationally- ple nourished both the spiritual and social education. In so doing, Congress will fulfill its supervised plebiscite in Punjab, Khalistan so needs of the community. commitment to America's future. that the Sikhs of that troubled state can vote Praise is best expressed by my constituent on whether they should chart their own course Edward Brender in his poem, ``The Barn That f separately from Indian tyranny. Became a House of Worship'', which reads as I would like to insert that Open Letter into follows: TRIBUTE TO CADMAN TOWERS AT the RECORD. 101 CLARK STREET IN BROOKLYN The temple once a farmer's barn; part of OPEN LETTER TO THE SIKH NATION HEIGHTS BROOKLYN ON THEIR America's rural farm (From Dr. Gurmit Singh Aulakh) Furnished with a century-old church's pews, 25TH ANNIVERSARY CELEBRA- TION SUPPORT THE PEOPLE’S COMMISSION—ATTACKS yet filled with devout and dedicated ON COMMISSION BY BJP, CONGRESS, AND CPI Jews. SHOW WHO IS BEHIND SIKH GENOCIDE AND At Temple Beth-El, we like to stay with Amer- ´ DEEPEN THE SIKH NATION’S WOUNDS ican uplifted heart's we pray. HON. NYDIA M. VELAZQUEZ To the Khalsa Panth: For 75 years, the temple filled our spiritual OF NEW YORK The BJP, Congress, and CPI have finally needs, while rabbis planted righteous exposed themselves. They have revealed seeds. IN THE HOUSE OF REPRESENTATIVES their own involvement in the genocide The halls resounded with Chief Justice Law- Wednesday, September 9, 1998 against the Sikh Nation. They don’t want rence H. Cook's praise, reminding us of the truth to come out because it will show Hebrew sacrifices during America's rev- Ms. VELAÂ ZQUEZ. Mr. Speaker, I rise today their immoral deeds. That is why they want olutionary phase. to pay special tribute to the residents of to shut down the Peoples’ Commission. Even During the time of our country's greatest need, the Badal government seems to agree. It Cadman Towers at 101 Clark Street in Brook- made every effort to prevent the commis- recounting tables of Jewish patriots' lyn Heights, Brooklyn on their 25th Anniver- sion’s first meeting from occurring. It is no deeds. sary Celebration of the founding of the Tow- wonder. The commission issued 90 citations High on a majestic verdant hill stands stately ers. against police officers and received 3,000 Temple Beth-El; For 75 years a beacon For twenty-five years, families have grown more cases. Evidently it is making the polit- of freedom's faith, spreading boundless ical leaders of all stripes nervous. They are and prospered in this supportive and unique love and tales to tell. now shivering with fear that their part in I believe that Congregation Temple Beth-El community in Brooklyn Heights. Cadman Tow- supporting the genocide against the Sikh Na- serves as an example to all Americans in our ers is the eastern border of Brooklyn's historic tion will be exposed. nation hoping for the simple joys of faith and Brooklyn Heights neighborhood and its resi- Do not let these corrupt leaders succeed in family. dents have added diversity and vitality to this their effort to shut down the Peoples’ Com- already thriving area. mission. The work that it is doing is too im- Mr. Speaker, I invite our colleagues to join portant to the Sikh Nation and all of human- with me in applauding this congregation for its I ask that my colleagues join me in con- ity. The Armenians will not let the genocide dedication to both its faith and its community gratulating Cadman Towers and its three hun- against them 80 years ago be forgotten; the as a whole and extending our best wishes on dred residents on this milestone and wish you Jews will not let the world forget the Holo- the occasion of their 75th anniversary and many happy anniversaries to come! caust 50 years after it happened. How can the E1680 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 genocide against the Sikh Nation, which oc- mere fact that Sikhs can choose their op- these people are on. Even Tohra is now sup- curred during the last 15 years, be forgotten, pressors does not mean that they live in a porting the People’s Commission. I hope he even by so many Sikh leaders? On March 20, democracy.’’ Whether the government is run realized that the Guru will not forgive him the BJP promised a ‘‘transparent’’ govern- by Congress or by the BJP, Sikhs and other for his betrayal of the Khalsa Panth. ment. That is not what they have delivered. minorities continue to be abducted, tortured, South Africa’s Truth Commission exposed As Ram Narayan Kumar of the Coordination raped, and murdered. How can our Sikh lead- the evils of apartheid to the world. We must Committee on Disappearance in Punjab ers turn a blind eye to the genocide. support the People’s Commission to expose asked, ‘‘How can the Government ignore the We recite every day the words ‘‘Raj Kare the genocide against the Sikh Nation. necessity to determine the facts?’’ The truth Ga Khalsa,’’ the Khalsa shall rule. Yet our will come out; the government’s effort to Sikh leaders join Hindustan in its effort to The work of the People’s Commission must suppress it is futile. stop the exposure of the genocide. Yet the continue so that those who have collabo- When Badal was running the Punjab state Sikh Nation can never forget the genocide rated with the genocide can be brought to election, he promised to appoint a commis- that Hindustan has inflicted upon us. It is justice. It must continue so that India’s sion of inquiry into the genocide. He has bro- time for the Sikh Nation to reclaim its free- genocide against the Sikhs can come to ken that promise. Not only has he not ap- dom. light. It must continue so that our Sikh pointed the commission, he has boasted that It is only when Khalistan is free will the brothers and sisters can finally live in free- his government has taken no action against Sikh Nation be free of India’s genocide and dom. The Sikh leaders and grassroots Sikhs the police officials who were responsible for tyranny. The effort to suppress the People’s must speak and work in support of the com- the genocide. He has sat idly by while plain- Commission shows that it is time to begin a mission and its efforts. clothes police continue to patrol the Golden Shantmai Morcha to liberate Khalistan by The leadership must speak out forthrightly Temple and thousands of Sikh youth are still peaceful, democratic, nonviolent means. for a free Khalistan. It must commit itself to sitting in jail. It is no surprise that such a India is destined to break up; their geno- achieving this most important goal through corrupt leader would oppose the Peoples’ cide and tyranny will not keep their corrupt, peaceful resistance to India’s brutal tyranny Commission. tyrannical empire together. The Sikh lead- and by means of an internationally-super- The human-rights community in Punjab, ers who collaborate with their effort to es- vised plebiscite so that our future can be de- Khalistan tried to give Badal time. They cape the consequences of their actions will termined democratically. That is the only wrote him a letter asking him to keep his be remembered by the Sikh Nation as trai- way that the dignity of the Sikh Nation will promise. When de did not, the Coordination tors to the Panth. be restored. Committee on Disappearance in Punjab, The Sikh Nation is disgusted by the con- comprised of all the human-rights groups tinual betrayals of the Khalsa Panth by In- Only in a free Khalistan will the Sikh Na- and the World Sikh Council, appointed the dian chimchas Badal, Tohra, and their allies. tion finally live in peace, freedom, prosper- People’s Commission. In 1984 Tohra and Badal told us that anyone ity and dignity. Only when Khalistan is free The effort to shut down the Peoples’ Com- who attacked the Golden Temple would have will the rights of all people be ensured. mission show that there is no place for Sikhs to walk over their dead bodies. Yet we saw In Service to the Panth, in Indian democracy. As U.S. Congressman Tohra with his hands in the air surrendering DR. GURMIT SINGH AULAKH, Edolphus Towns (D-N.Y.) has said, ‘‘The to the Indian troops. We know whose side President, Council of Khalistan. CONGRESSIONAL RECORD — Extensions of Remarks E1681 SENATE COMMITTEE MEETINGS 2:30 p.m. logical Survey, Department of the Inte- Commerce, Science, and Transportation rior, and other pending nominations. Title IV of Senate Resolution 4, To hold hearings on S. 2390, to permit SD–366 agreed to by the Senate on February 4, ships built in foreign countries to en- 10:00 a.m. 1977, calls for establishment of a sys- gage in coastwise in the transport of Judiciary tem for a computerized schedule of all certain products. Business meeting, to consider pending meetings and hearings of Senate com- SR–253 calendar business. SD–226 mittees, subcommittees, joint commit- SEPTEMBER 16 tees, and committees of conference. 2:00 p.m. 9:00 a.m. This title requires all such committees Energy and Natural Resources Environment and Public Works National Parks, Historic Preservation, and to notify the Office of the Senate Daily To hold hearings on S. 1576, to permit the Recreation Subcommittee Digest—designated by the Rules Com- exclusive application of California To hold hearings on miscellaneous bills, mittee—of the time, place, and purpose State regulations regarding reformu- including S. 1175, S. 1641, S. 1960, S. of the meetings, when scheduled, and lated gasoline in certain areas within 2086, S. 2133, S. 2239, S. 2240, S. 2241, S. any cancellations or changes in the the State, focusing on the use of meth- 2246, S. 2247, S. 2248, S. 2285, S. 2297, S. meetings as they occur. yl tertiary-butyl ether in gasoline. 2309, S. 2401, and H.R. 2411. SD–406 SD–366 As an additional procedure along 9:30 a.m. with the computerization of this infor- Foreign Relations SEPTEMBER 22 mation, the Office of the Senate Daily Western Hemisphere, Peace Corps, Narcot- Digest will prepare this information for ics and Terrorism Subcommittee 9:30 a.m. Commerce, Science, and Transportation printing in the Extensions of Remarks To hold joint hearings with the United States Senate Caucus on International To hold hearings on the nominations of section of the CONGRESSIONAL RECORD Sylvia De Leon, of Texas, Linwood Hol- on Monday and Wednesday of each Narcotics Control to examine anti-drug interdiction efforts. ton, of Virginia, and Amy M. Rosen, of week. SH–216 New Jersey, each to be a Member of the Meetings scheduled for Thursday, Governmental Affairs Reform Board (AMTRAK). September 10, 1998, may be found in the Permanent Subcommittee on Investiga- SR–253 Daily Digest of today’s RECORD. tions 10:00 a.m. To hold hearings to examine the Na- Veterans’ Affairs tional Cancer Institute’s management To hold hearings MEETINGS SCHEDULED of radiation studies. To examine the quality of care in the VA SD–342 health care system. SEPTEMBER 14 United States Senate Caucus on Inter- SR–418 1:00 p.m. national Narcotics Control Special on Aging To hold joint hearings with the Commit- SEPTEMBER 23 tee on Foreign Relations’ Subcommit- To hold hearings to examine criminal 9:00 a.m. tee on Western Hemisphere, Peace background checks for nursing home Agriculture, Nutrition, and Forestry Corps, Narcotics and Terrorism to ex- employees. To hold hearings to examine public and SD–628 amine anti-drug interdiction efforts. SH–216 private forestry issues. SR–328A SEPTEMBER 15 10:00 a.m. Indian Affairs Indian Affairs 9:30 a.m. Business meeting, to consider pending Business meeting, to consider pending Small Business calendar business; to be followed by a calendar business; to be followed by a Business meeting, to consider pending hearing on the nomination of Montie hearing on H.R. 1833, to amend the In- calendar business. dian Self-Determination and Education SR–428A R. Deer, of Kansas, to be Chairman of Assistance Act to provide for further 10:00 a.m. the National Indian Gaming Commis- self-governance by Indian tribes. Armed Services sion, Department of the Interior. SD–562 To hold hearings on the nominations of SR–485 9:30 a.m. Bernard D. Rostker, of Virginia, to be 2:00 p.m. Under Secretary of the Army, James Judiciary Commerce, Science, and Transportation M. Bodner, of Virginia, to be Deputy Immigration Subcommittee Business meeting, to consider pending Under Secretary of Defense for Policy, To hold oversight hearings on the imple- calendar business. and Vice Adm. Dennis C. Blair, USN, mentation of the Immigration and Nat- SR–253 for appointment to the grade of Admi- uralization Service and proposed re- Energy and Natural Resources ral, and to be Commander-in- Chief of form issues. Business meeting, to consider pending United States Pacific Command. SD–226 calendar business. SR–222 2:30 p.m. SD–366 Commerce, Science, and Transportation Commerce, Science, and Transportation To hold hearings on the nominations of Surface Transportation and Merchant Ma- SEPTEMBER 24 Robert Clarke Brown, of Ohio, John rine Subcommittee 9:30 a.m. To hold hearings to examine the extent Paul Hammerschmidt, of Arkansas, Governmental Affairs of fatigue of transportation operators and Norman Y. Mineta, of California, Permanent Subcommittee on Investiga- in the trucking and rail industries. each to be a Member of the Board of tions Directors of the Metropolitan Washing- SR–253 Select on Intelligence To resume hearings to examine the safe- ton Airports Authority, Eugene A. ty of food imports, focusing on legisla- Conti, Jr., of Maryland, to be Assistant To hold closed hearings on intelligence matters. tive, administrative and regulatory Secretary of Transportation for Trans- remedies. portation Policy, and Peter J. Basso, SH–219 SD–342 Jr., of Maryland, to be Assistant Sec- 10:00 a.m. retary of Transportation for Budget SEPTEMBER 17 Energy and Natural Resources and Programs. 9:30 a.m. SR–253 Commerce, Science, and Transportation To hold oversight hearings to examine Foreign Relations To hold hearings to examine the Depart- recent Midwest electricity price spikes. To hold hearings on certain extradition ment of Commerce involvement in the SD–366 and mutual legal assistance treaties. transfer of satellite technology to 2:00 p.m. SD–419 China. Energy and Natural Resources Judiciary SR–253 National Parks, Historic Preservation, and Antitrust, Business Rights, and Competi- Energy and Natural Resources Recreation Subcommittee tion Subcommittee To hold hearings on the nominations of To hold hearings on S. 1372, to provide To hold hearings to examine consolida- Gregory H. Friedman, of Colorado, to for the protection of farmland at the tion issues within the telecommuni- be Inspector General, Department of Point Reyes National Seashore in Cali- cations industry. Energy, Charles G. Groat, of Texas, to fornia. SD–226 be Director of the United States Geo- SD–366 E1682 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1998 SEPTEMBER 25 SEPTEMBER 30 velopment and trade promotion for Na- 9:30 a.m. 9:00 a.m. tive Americans. Governmental Affairs Indian Affairs SR–485 Permanent Subcommittee on Investiga- To hold hearings on H.R. 1805, to amend tions the Auburn Indian Resoration act to OCTOBER 6 To continue hearings to examine the establish restrictions related to gam- 9:30 a.m. safety of food imports, focusing on leg- ing on and use of land held in trust for Veterans’ Affairs islative, administrative and regulatory the United Auburn Indian Community To hold joint hearings with the House remedies. of the Auburn Rancheria of California, Committee on Veterans Affairs on the SD–342 and S. 2010, to provide for business de- legislative recommendations of the American Legion. 345 Cannon Building September 9, 1998 Daily Digest Senate S. 1998, to authorize an interpretive center and Chamber Action related visitor facilities within the Four Corners Routine Proceedings, pages S10045–S10142 Monument Tribal Park. (S. Rept. No. 105–322) Measures Introduced: Five bills and two resolu- H.R. 2186, to authorize the Secretary of the Inte- tions were introduced, as follows: S. 2450–2454 and rior to provide assistance to the National Historic S. Res. 273 and 274. Page S10118 Trails Interpretive Center in Casper, Wyoming. (S. Measures Reported: Reports were made as follows: Rept. No. 105–323) S. 2272, to amend the boundaries of Grant-Kohrs S. 1736, to authorize the Secretary of Transpor- Ranch National Historic Site in the State of Mon- tation to issue a certificate of documentation with tana. (S. Rept. No. 105–324) Page S10118 appropriate endorsement for employment in the coastwise trade for vessel BETTY JANE. (S. Rept. Measures Passed: No. 105–314) Congratulating Mark McGwire: Senate agreed to S. 1802, to authorize appropriations for the Sur- S. Res. 273, recognizing the historic home run face Transportation Board for fiscal years 1999, record set by Mark McGwire of the St. Louis Car- 2000, and 2001, with an amendment in the nature dinals on September 8, 1998. Pages S10082±84 of a substitute. (S. Rept. No. 105–315) Interior Appropriations, 1999: Senate resumed S. 2096, to authorize the Secretary of Transpor- consideration of S. 2237, making appropriations for tation to issue a certificate of documentation with the Department of the Interior and related agencies appropriate endorsement for employment in the for the fiscal year ending September 30, 1999, tak- coastwise trade for the vessel FOILCAT, with an ing action on amendments proposed thereto, as fol- amendment. (S. Rept. No. 105–316) lows: Pages S10060±82, S10084±90 S. 2124, to authorize appropriations for fiscal year Pending: 1999 for the Maritime Administration, with amend- McCain/Feingold Amendment No. 3554, to re- ments. (S. Rept. No. 105–317) form the financing of Federal elections. Page S10060 A unanimous-consent agreement was reached pro- S. 2139, to authorize the Secretary of Transpor- viding for further consideration of the pending tation to issue a certificate of documentation with amendment on Thursday, September 10, 1998. appropriate endorsement for employment in the Page S10101 coastwise trade for the vessel YESTERDAYS DREAM. (S. Rept. No. 105-318) Consumer Bankruptcy Reform Act: Senate began consideration of the motion to proceed to consider- S. 1770, to elevate the position of Director of the ation of S. 1301, to amend title 11, United States Indian Health Service to Assistant Secretary of Code, to provide for consumer bankruptcy protec- Health and Human Services, to provide for the orga- tion. Pages S10059, S10090±99, S10101±09 nizational independence of the Indian Health Service During consideration of this measure today, Senate within the Department of Health and Human Serv- took the following action: ices, with an amendment in the nature of a sub- By 99 yeas to 1 nays (Vote No. 263), three-fifths stitute. (S. Rept. No. 105–319) of those Senators duly chosen and sworn having S. 469, to designate a portion of the Sudbury, voted in the affirmative, Senate agree to close further Assabet, and Concord Rivers as a component of the debate on the motion to proceed to consideration of National Wild and Scenic River System, with an the bill. Page S10093 amendment. (S. Rept. No. 105–320) Subsequently, the motion to proceed to consider- H.R. 1663, to clarify the intent of the Congress ation of the bill was agreed to, and the following in Public Law 93–632 to require the Secretary of amendment was proposed thereto: Page S10101 Agriculture to continue to provide for the mainte- Pending: nance of 18 concrete dams and weirs that were lo- Lott (for Grassley/Hatch) Amendment No. 3559, cated in the Emigrant Wilderness at the time the in the nature of a substitute. Page S10109 wilderness area was designated as wilderness in that A motion was entered to close further debate on Public Law. (S. Rept. No. 105–321) the pending amendment and, in accordance with the D 945 D 946 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 1998 provisions of Rule XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur Committee Meetings on Friday, September 11, 1998. Page S10109 (Committees not listed did not meet) American Missile Protection Act—Cloture Vote: AUTO CHOICE REFORM By 59 yeas to 41 nays (Vote No. 262), three-fifths Committee on Commerce, Science, and Transportation: of those Senators duly chosen and sworn not having Committee concluded hearings on S. 625, to provide voted in the affirmative, Senate failed to agree to for competition between forms of motor vehicle in- close further debate on the motion to proceed to surance, to permit an owner of a motor vehicle to consideration of S. 1873, to state the policy of the choose the most appropriate form of insurance for United States regarding the deployment of a missile that person, to guarantee affordable premiums, and defense system capable of defending the territory of to provide for more adequate and timely compensa- the United States against limited ballistic missile at- tion for accident victims, after receiving testimony tack. Pages S10045±59 from Nebraska Governor E. Benjamin Nelson, Lin- Child Custody Protection Act—Cloture Filed: A coln; former Massachusetts Governor Michael S. motion was entered to close further debate on the Dukakis, Northeastern University, Boston; Arizona motion to proceed to consideration of S. 1645, to State Senator Gary Richardson, on behalf of the Na- amend title 18, United States Code, to prohibit tak- tional Conference of Insurance Legislators, and Mi- ing minors across State lines to avoid laws requiring chael R. Perry, Carnahan & Perry, on behalf of the the involvement of parents in abortion decisions and, Defense Research Institute, both of Phoenix, Ari- zona; Mayor Wellington E. Webb, Denver, Colo- in accordance with the provisions of Rule XXII of rado; Fulton County Commissioner Michael High- the Standing Rules of the Senate, a vote on the clo- tower, Atlanta, Georgia; Robert J. Demichelis, on ture motion will occur on Friday, September 11, behalf of the Brain Injury Association, and Peter 1998. Pages S10141±42 Kinzler, Coalition for Auto-Insurance Reform, both Nominations Received: Senate received the follow- of Alexandria, Virginia; Mark S. Mandel, Providence, ing nominations: Rhode, Island, on behalf of the Association of Trial David G. Carpenter, of Virginia, to be an Assist- Lawyers of America; Robert Lee Maril, Oklahoma ant Secretary of State. State University, Stillwater; and Tim Ryles, Ryles David G. Carpenter, of Virginia, to be Director of Resource Group, Newborn, Georgia, former Georgia the Office of Foreign Missions, and to have the rank State Commissioner of Insurance. of Ambassador during his tenure of service. RETIREMENT SECURITY POLICY William Lacy Swing, of North Carolina, to be Committee on Finance: Committee held hearings to ex- Ambassador to the Democratic Republic of the amine retirement security policy, focusing on propos- Congo. als to reform the social security system, including S. Margaret B. Seymour, of South Carolina, to be 2313, to amend title II of the Social Security Act to United States District Judge for the District of provide for individual security accounts funded by South Carolina. Page S10142 employee and employer social security payroll deductions, and to extend the solvency of the old-age, sur- Messages From the House: Page S10114 vivors, and disability insurance program, receiving Measures Placed on Calendar: Page S10114 testimony from Senators Moynihan, Kerrey, Beaux, Communications: Pages S10114±18 Gregg, Gramm, and Dominic; Edward M. Gramlich, Member, Board of Governors of the Federal Reserve Statements on Introduced Bills: Pages S10118±20 System, on behalf of the Advisory Council on Social Additional Cosponsors: Pages S10120±21 Security; Alicia H. Munnell, Boston College Carroll Amendments Submitted: Pages S10121±36 School of Management, Chestnut, Massachusetts, former Assistant Secretary of the Treasury for Eco- Notices of Hearings: Page S10136 nomic Policy and former Member of the Council of Authority for Committees: Pages S10136±37 Economic Advisers; Robert Myers, Silver Spring, Additional Statements: Pages S10137±41 Maryland, former Chief Actuary and former Deputy Commissioner of the Social Security Administration Record Votes: Two record votes were taken today. and former Executive Director of the National Com- (Total–263) Pages S10059, S10093 mission on Social Security Reform; Andrew A. Adjournment: Senate convened at 9 a.m., and ad- Samwick, Dartmouth College, Hanover, New Hamp- journed at 7:38 p.m., until 9:30 a.m., on Thursday, shire; and Carolyn L. Weaver, American Enterprise September 10, 1998. (For Senate’s program, see the Institute, Washington, D.C., former Member of the remarks of the Majority Leader in today’s Record on Social Security Advisory Council and the U.S. Social page S10142.) Security Advisory Board. September 9, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D 947 Hearings were recessed subject to call. ators Byrd and Rockefeller, Mr. Traxler was introduced by Senators Thurmond and Hollings, Messrs. IRAQ Buttram and Johnson were introduced by Senators Committee on Foreign Relations: Subcommittee on Near Sessions and Shelby, and Mr. Whelan was introduced Eastern and South Asian Affairs held hearings to ex- by Senator Feinstein. amine United States policy in Iraq, receiving testimony from Martin S. Indyk, Assistant Secretary of PRESIDENCY AND THE CRIMINAL PROCESS State for Near Eastern Affairs; and R. James Wool- Committee on the Judiciary: Subcommittee on the Con- sey, former Director, Central Intelligence Agency, stitution, Federalism, and Property Rights concluded Richard W. Murphy, former Assistant Secretary of hearings to examine the extent to which a sitting State for Near Eastern and South Asian Affairs, Law- president should be subject to indictment or other rence S. Eagleburger, former Secretary of State, and compulsory criminal process, after receiving testi- Jeane J. Kirkpatrick, American Enterprise Institute, mony from Eric M. Freedman, Hofstra University former U.S. Permanent Representative to the United School of Law, Hempstead, New York; Akhil Reed Nations, all of Washington, D.C. Amar, Yale University Law School, New Haven, Hearings were recessed subject to call. Connecticut; Frank Teurkheimer, University of Wis- consin School of Law, Madison; and Jonathan Turley, INSPECTOR GENERAL ACT George Washington University Law School, Susan Committee on Governmental Affairs: Committee con- Low Bloch, Georgetown University Law Center, cluded hearings to examine the state of the Inspector Peter F. Rient, Gainer, Rient and Hotis, and Doug- General community on the 20th anniversary of the las R. Cox, Gibson, Dunn & Crutcher, all of Wash- Inspector General Act, and S. 2167, to increase the ington, D.C. efficiency and accountability of Offices of Inspector General within Federal departments, after receiving BUSINESS MEETING testimony from June Gibbs Brown, Inspector Gen- Committee on Labor and Human Resources: Committee eral, Department of Health and Human Services; ordered favorably reported S. 2432, to support pro- Susan Gaffney, Inspector General, Department of grams of grants to States to address the assistive Housing and Urban Development; and G. Edward technology needs of individuals with disabilities, DeSeve, Acting Deputy Director for Management, with an amendment. Office of Management and Budget. Also, committee began consideration of proposed legislation to provide for compassionate payments NOMINATIONS with regard to individuals with blood-clotting dis- Committee on the Judiciary: Committee concluded orders, such as hemophilia, who contracted human hearings on the nominations of Robert Bruce King, immunodeficiency virus due to contaminated blood of West Virginia, and William B. Traxler, Jr., of products, but did not complete action thereon, and South Carolina, each to be a United States Circuit recessed subject to call. Judge for the Fourth Circuit, H. Dean Buttram, Jr. and Inge Prytz Johnson, each to be a United States INTELLIGENCE District Judge for the Northern District of Alabama, Select Committee on Intelligence: Committee held closed and Thomas J. Whelan, to be United States District hearings on intelligence matters, receiving testimony Judge for the Southern District of California, after from officials of the intelligence community. the nominees testified and answered questions in Committee will meet again on Wednesday, Sep- their own behalf. Mr. King was introduced by Sen- tember 16. h House of Representatives Filed on August 21: H.R. 4321, to protect con- Chamber Action sumers and financial institutions by preventing per- Bills Introduced: 15 public bills, H.R. 4522–4536; sonal financial information from being obtained from and 3 resolutions, H. Res. 520, 523–524, were in- financial institutions under false pretenses (H. Rept. troduced. Pages H7493±94 105–701 Part 1); Reports Filed: Reports were filed today as follows: H.R. 1794, a private bill for the relief of Mai Hoa Filed on August 21: H.R. 4393, to revise the ‘‘Jasmine’’ Salehi. (H. Rept. 105–689); banking and bankruptcy insolvency laws with re- H.R. 1834, a private bill for the relief of Mer- spect to the termination and netting of financial cedes Del Carmen Quiroz Martinez Cruz (H. Rept. contracts (H. Rept. 105–688 Part 1); 105–690); D 948 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 1998 H.R. 1110, to designate a portion of the Sudbury, tional Historic Site in the State of New York. Assabet, and Concord Rivers as a component of the Agreed to amend the title; Pages H7435±37 National Wild and Scenic Rivers System (H. Rept. Conveyance of Fish Hatchery to Alabama: S. 105–691); 1883, to direct the Secretary of the Interior to con- H.R. 1983, to amend the Rhode Island Indian vey the Marion National Fish Hatchery and the Claims Settlement Act to conform that Act with the Claude Harris National Aquacultural Research Cen- judgments of the United States Federal Courts re- ter to the State of Alabama—clearing the measure garding the rights and sovereign status of certain In- for the President; Pages H7437±38 dian Tribes, including the Narragansett Tribe, (H. Lake Chelan National Recreation Area: S. 1683, Rept. 105–692); to transfer administrative jurisdiction over part of H.R. 2223, to amend the Act popularly known as the Lake Chelan National Recreation Area from the the Recreation and Public Purposes Act to authorize Secretary of the Interior to the Secretary of Agri- transfers of certain public lands or national forest culture for inclusion in the Wenatchee National For- lands to local education agencies for use for elemen- est—clearing the measure for the President; tary or secondary schools, including public charter Page H7438 schools, amended (H. Rept. 105–693); Public Safety Officer Medal of Valor Act: H.R. H.R. 2776, to amend the Act entitled ‘‘An Act 4090, amended, to provide for a national medal for to provide for the establishment of the Morristown public safety officers who act with extraordinary National Historical Park in the State of New Jersey, valor above and beyond the call of duty; and for other purposes’’ to authorize the acquisition Pages H7439±40 of property known as the Warren property (H. Rept. Thomas Alva Edison Sesquicentennial Com- 105–694); memorative Coin Act: H.R. 678, amended, to re- H.R. 3109, to establish the Thomas Cole National quire the Secretary of the Treasury to mint coins in Historic Site in the State of New York, amended (H. commemoration of the sesquicentennial of the birth Rept. 105–695); of Thomas Alva Edison, to redesign the half dollar H.R. 3797, to compensate the Wyandotte Tribe circulating coin for 1999 to commemorate Thomas of Oklahoma for the taking of certain rights by the Edison (agreed to by a yea and nay vote of 397 yeas Federal Government, (H. Rept. 105–696); with 1 voting ‘‘nay’’, Roll No. 417). Agreed to S. 1695, to authorize the Secretary of the Interior amend the title; Pages H7440±44, H7466 to study the suitability and feasibility of designating Lewis and Clark Expedition Bicentennial Com- the Sand Creek Massacre National Historic Site in memorative Coin Act: H.R. 1560, amended, to re- the State of Colorado as a unit of the National Park quire the Secretary of the Treasury to mint coins in System, (H. Rept. 105–697); commemoration of the bicentennial of the Lewis & H. Res. 521, providing for consideration of H.R. Clark Expedition (agreed to by a yea and nay vote 2863, to amend the Migratory Bird Treaty Act to of 398 yeas to 2 nays, Roll No. 418); clarify restrictions under that Act on baiting, to fa- Pages H7444±46, H7466±67 cilitate acquisition of migratory bird habitat (H. Designating Lloyd D. George Federal Building Rept. 105–698); and Courthouse: H.R. 2225, to designate the Fed- H. Res. 522, providing for consideration of H.R. eral building and United States courthouse to be 2538, to establish a Presidential commission to de- constructed on Las Vegas Boulevard between Bridger termine the validity of certain land claims arising Avenue and Clark Avenue in Las Vegas, Nevada, as out of the Treaty of Guadalupe-Hidalgo of 1848 in- the ‘‘Lloyd D. George Federal Building and United volving the descendants of persons who were Mexi- States Courthouse’’; Pages H7446±48 can citizens at the time of the Treaty (H. Rept. Designating Ronald V. Dellums Federal Build- 105–699); and ing: H.R. 3295, to designate the Federal building H.R. 4259, to allow Haskell Indian Nations Uni- located at 1301 Clay Street in Oakland, California, versity and the Southwestern Indian Polytechnic In- as the ‘‘Ronald V. Dellums Federal Building’’; stitute each to conduct a demonstration project to Pages H7448±51 test the feasibility and desirability of new personnel management policies and procedures (H. Rept. Commemorating 50 Years of Relations Between the U.S. and Korea: H. Res. 459, amended, com- 105–700 Part 1). Page H7493 memorating 50 years of relations between the Speaker Pro Tempore: Read a letter from the United States and the Republic of Korea (agreed to Speaker wherein he designated Representative by a yea and nay vote of 400 yeas with none voting Gillmor to act as Speaker pro tempore for today. ‘‘nay’’, Roll No. 419); Pages H7451±53, H7467±68 Page H7433 Expressing Sense of the House Deploring the Suspensions: The House agreed to suspend the rules Murder of Bishop Juan Jose Gerardi: H. Res. 421, and pass the following measures: expressing the sense of the House of Representatives Thomas Cole National Historic Site Act: H.R. deploring the tragic and senseless murder of Bishop 3109, amended, to establish the Thomas Cole Na- Juan Jose Gerardi, calling on the Government of September 9, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D 949 Guatemala to expeditiously bring those responsible on Juvenile Justice and Delinquency Prevention for for the crime to justice, and calling on the people a two-year term: Gordon A. Martin of Massachusetts. of Guatemala to reaffirm their commitment to con- Page H7469 tinue to implement the peace accords without inter- Senate Messages: Message received from the Senate ruption; Pages H7453±57 appears on page H7433. Concerning New Tribes Mission Hostage Crisis: Amendments: Amendments ordered printed pursu- H. Con. Res. 277, concerning the New Tribes Mis- ant to the rule appear on page H7495. sion hostage crisis; Pages H7457±59 Quorum Calls—Votes: Three yea and nay votes de- Calling for End to Recent Conflict Between Eri- veloped during the proceedings of the House today trea and Ethiopia: H. Con. Res. 292, amended, and appear on pages H7466, H7467, and calling for an end to the recent conflict between Eri- H7667–68. There were no quorum calls. trea and Ethiopia; Pages H7459±62 Adjournment: The House met at 12:00 noon and Designating James T. Leonard, Sr. Post Office at 8:34 p.m. Building: H.R. 3810, to designate the United States Post Office located at 202 Center Street in Garwood, New Jersey, as the ‘‘James T. Leonard, Sr. Post Of- Committee Meetings fice’’; Page H7462 OVERSIGHT 2000 CENSUS Designating Ray J. Favre Post Office Building: Committee on Government Reform and Oversight: Sub- H.R. 2623, to designate the United States Post Of- committee on the Census held a hearing on ‘‘Over- fice located at 16250 Highway 603 in Kiln, Mis- sight of the 2000 Census: Review of Census Bureau sissippi, as the ‘‘Ray J. Favre Post Office Building’’; Planning and Preparations in Response to the Fed- Pages H7462±63 eral Court Ruling that Sampling is Illegal’’. Testi- Designating Jerome Anthony Ambro, Jr. Post mony was heard from the following officials of the Office Building: H.R. 3167, to designate the Department of Commerce: James F. Holmes, Acting United States Post Office located at 297 Larkfield Director, Bureau of the Census; and Robert J. Sha- Road in East Northport, New York, as the ‘‘Jerome piro, Under Secretary, Economic Affairs. Anthony Ambro, Jr. Post Office Building’’; Pages H7463±64 NATIONAL CAPITAL REVITALIZATION Designating Edgar C. Campbell, Sr. Post Office ACT TECHNICAL CORRECTIONS Building: H.R. 3939, to designate the United States Committee on Government Reform and Oversight: Sub- Postal Service building located at 658 63rd Street, committee on the District of Columbia approved for Philadelphia, Pennsylvania, as the ‘‘Edgar C. Camp- full Committee action the following: a measure that bell, Sr., Post Office Building’’; Pages H7464±65 would make technical corrections to the National Capital Revitalization Act of 1997, specifically nam- Designating David P. Richardson, Jr. Post Of- ing the GSA as the landholding agency for the Fed- fice Building: H.R. 3999, to designate the United eral government of the Lorton Project; and a measure States Postal Service building located at 5209 that would make technical corrections to the crimi- Greene Street, Philadelphia, Pennsylvania, as the nal justice section of the National Capital Revitaliza- ‘‘David P. Richardson, Jr., Post Office Building’’; tion and Self-Government Improvement Act of Pages H7465±66 1997. Recess: The House recessed at 3:03 p.m. and recon- vened at 5:00 p.m. Page H7466 BLOOD SAFETY Communication from the Independent Counsel: Committee on Government Reform and Oversight: Sub- The House received a communication from Inde- committee on Human Resources held an oversight pendent Counsel Kenneth W. Starr which notified hearing on the Blood Safety: Minimizing Plasma the House that his office delivered 36 sealed boxes Product Risks. Testimony was heard from Bernice containing two complete copies of a Referral to the Steinhardt, Director, Health Services Quality and House of Representatives. Page H7468 Public Health Issues, Health, Education and Human Services Division, GAO; Michael Friedman, M.D., National Skill Standards Board: The Chair an- Lead Deputy Commissioner, FDA, Department of nounced the Speaker’s appointment of the following Health and Human Services; and public witnesses. Member on the part of the House to the National Skill Standards Board for a four-year term: William PACIFIC ISLAND NATIONS RESOLUTION E. Weisgerber of Michigan. Page H7469 Committee on International Relations, Subcommittee on Coordinating Council on Juvenile Justice and Asia and the Pacific approved for full Committee ac- Delinquency Prevention: The Chair announced the tion H. Res. 505, expressing the sense of the House Speaker’s appointment of the following Member on of Representatives with respect to the importance of the part of the House to the Coordinating Council diplomatic relations with the Pacific Island nations. D 950 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 1998 GUADALUPE-HIDALGO TREATY LAND Committee on Appropriations, Subcommittee on Labor, CLAIMS ACT Health and Human Services, and Education, to hold hearings to examine the status of organ donations, 10 a.m., Committee on Rules: Granted, by voice vote, an open SD–138. rule providing 1 hour of debate on H.R. 2538, Gua- Committee on Commerce, Science, and Transportation, Sub- dalupe-Hidalgo Treaty Land Claims Act of 1998. committee on Communications, to hold hearings on S. The rule waives points of order against consideration 2365, to promote competition and privatization in sat- of the bill for failure to comply with section 303(a) ellite communications, 9:30 a.m., SR–253. of the Congressional Budget Act of 1974 (prohibit- Committee on Energy and Natural Resources, Subcommittee ing consideration of legislation, as reported, provid- on Forests and Public Land Management, to hold hearing new budget authority, changes in revenues, or ings on S. 2385, to establish the San Rafael Swell Na- changes in the public debt for a fiscal year until the tional Heritage Area and the San Rafael National Con- budget resolution for that year has been agreed to). servation Area in the State of Utah, 2 p.m., SD–366. The rule makes in order as an original bill for pur- Committee on Environment and Public Works, to hold hear- poses of amending the amendment in the nature of ings on the nominations of Terrence L. Bracy, of Vir- a substitute recommended by the Committee on Re- ginia, to be a Member of the Board of Trustees of the sources now printed in the bill, as modified, and Morris K. Udall Scholarship and Excellence in National considers it as read. The rule permits the Chair to Environmental Policy, and Norine E. Noonan, of Florida, accord priority in recognition to Members who have to be Assistant Administrator for Research and Develop- pre-printed their amendments in the Congressional ment of the Environmental Protection Agency, 9 a.m., Record and considers them as read. The rule allows SD–406. the Chairman of the Committee of the Whole to Committee on Finance, business meeting, to mark up pro- postpone recorded votes and reduce to five minutes posed legislation authorizing funds for the United States the minimum time for electronic voting on any Customs Service, H.R. 4342, to make miscellaneous and postponed votes, provided that the voting time on technical changes to various trade laws, and to consider the first series of questions shall not be less than 15 the nomination of Susan G. Esserman, of Maryland, to be Deputy United States Trade Representative, with the minutes. Finally, the rule provides one motion to re- rank of Ambassador, 10 a.m., SD–215. commit with or without instructions. Testimony was Committee on Foreign Relations, to hold hearings on the heard from Representative Hansen. World Intellectual Property Organization Copyright MIGRATORY BIRD TREATY REFORM ACT Treaty and the World Intellectual Property Organization Committee on Rules: Granted, by voice vote, an open Performances and Phonograms Treaty, done at Geneva on December 20, 1996, and signed by the United States on rule providing 1 hour of debate on H.R. 2863, Mi- April 12, 1997 (Treaty Doc. 105–17), 10 a.m., SD–419. gratory Bird Treaty Reform Act of 1998. The rule Subcommittee on East Asian and Pacific Affairs, to makes in order for the purpose of amending the hold hearings to examine recent developments with re- amendment in the nature of a substitute rec- gard to North Korea, 2 p.m., SD–419. ommended by the Committee on Resources now Committee on Governmental Affairs, Permanent Sub- printed in the bill. The committee amendment in committee on Investigations, to resume hearings to exam- the nature of a substitute shall be considered as read. ine the safety of food imports, focusing on certain fraud The rule permits the Chair to accord priority in rec- and deceptive techniques used by individuals to import ognition to members who have pre-printed their food products illegally into the United States, 9:30 a.m., amendments in the Congressional Record and con- SD–342. siders them as read. The rule allows the Chairman Committee on the Judiciary, business meeting, to consider of the Committee of the Whole to postpone recorded pending calendar business, 9:30 a.m., SD–226. votes and reduce to five minutes the minimum time Subcommittee on Administrative Oversight and the for electronic voting on any postponed votes, pro- Courts, business meeting, to consider pending calendar vided that the voting time on the first series of business, 2 p.m., SD–226. questions shall not be less than 15 minutes. Finally, Committee on Rules and Administration, business meeting, the rule provides one motion to recommit with or to mark up S. 2288, to provide for the reform and con- without instructions. Testimony was heard from tinuing legislative oversight of the production, procure- Representative Saxton. ment, dissemination, and permanent public access of the Government’s publications, 9:30 a.m., SR–301. f Special Committee on Aging, to hold hearings to examine COMMITTEE MEETINGS FOR THURSDAY, how to strengthen and increase programs for family care- SEPTEMBER 10, 1998 givers, 9:30 a.m., SD–628. Special Committee on the Year 2000 Technology Problem, to (Committee meetings are open unless otherwise indicated) hold hearings to examine the Year 2000 computer con- Senate version as related to the transportation industry, 9:30 Committee on Agriculture, Nutrition, and Forestry, to hold a.m., SD–192. hearings on the nomination of Michael M. Reyna, of Cali- NOTICE fornia, to be a Member of the Farm Credit Administra- tion Board, Farm Credit Administration, 9 a.m., For a listing of Senate committee meetings sched- SR–328A. uled ahead, see pages E1681–82 in today’s record. September 9, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D 951 House Federal Republic of Yugoslavia (Serbia and Montenegro) Committee on Appropriations, to mark up the Foreign Op- under control of the United States and other governments erations, Export Financing and Related Programs appro- be used to compensate the Albanians in Kosovo for losses priations for fiscal year 1999, 10 a.m., 2359 Rayburn. suffered through Serbian police and military action; H. Committee on Banking and Financial Services, Subcommit- Res. 381, expressing the sense of the Congress that the tee on General Oversight and Investigations, hearing to President should renegotiate the extradition treaty with examine the Russian Economic Crisis and the IMF Aid Mexico so that the possibility of capital punishment will Package, 10 a.m., 2128 Rayburn. not interfere with the timely extradition of criminal sus- Committee on Commerce, Subcommittee on Finance and pects from Mexico to the United States; and H. Res. 505, Hazardous Materials, hearing on H.R. 4353, International expressing the sense of the House of Representatives with Anti-Bribery and Fair Competition Act of 1998, 10:30 respect to the importance of diplomatic relations with the a.m., 2123 Rayburn. Pacific Island nations, 10 a.m., 2172 Rayburn. Subcommittee on Oversight and Investigations, to con- Subcommittee on International Economic Policy and tinue hearings on the circumstances surrounding the Trade, hearing on Sanctions Revisited, 2 p.m., 2172 Ray- FCC’s planned relocation to the Portals, including the ef- burn. forts of Franklin L. Haney and his representatives with Committee on Science, Subcommittee on Space and Aero- respect to this matter and the circumstances surrounding nautics, oversight hearing on Delays in NASA’s Earth the payments of fees to those representatives, 10:30 a.m., Science Enterprise, 10 a.m., 2318 Rayburn. 2322 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Education and the Workforce, Subcommittee committee on Aviation, hearing on issues of concern to on Oversight and Investigations, hearing on American the Travel Agent Community, focusing on the following: Worker Project: Regulatory Affairs at the Department of H.R. 3704, Consumer Access to Travel Information Act Labor—Garment Industry Trendsetters, 10 a.m., 2175 of 1998; changes to the preemption provision in Section Rayburn. 10 of H.R. 3160, Airline Competition and Lower Fares Committee on International Relations, to mark up the fol- Act; the contention that airlines have engaged in an un- lowing measures: H. Con. Res. 304, expressing the sense fair competitive practice by lowering their standard com- of the Congress regarding the culpability of Slobodan mission rates for all travel agents except for the Scheduled Milosevic for war crimes, crimes against humanity, and Airline Traffic Office (SATO); and Commission overrides, genocide in the former Yugoslavia; H. Con. Res. 315, ex- 10 a.m., 2167 Rayburn. pressing the sense of the Congress condemning the atroc- Permanent Select Committee on Intelligence, executive, brief- ities by Serbian police and military forces against Alba- ing on Embassy Bombings in Africa, 2 p.m., H–405 nians in Kosovo and urging that blocked assets of the Capital. D952 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 10 10 a.m., Thursday, September 10

Senate Chamber House Chamber Program for Thursday: After the recognition of one Program for Thursday: Consideration of H.R. 2863, Senator for a speech (not to extend beyond 10 a.m.), Sen- Migratory Bird Treaty Reform Act (open rule, one hour ate will resume consideration of S. 2237, Interior Appro- of general debate); priations, 1999, with a vote on a motion to table Consideration of H.R. 3892, English Language Fluency McCain/Feingold Amendment, to reform the financing of Act (modified open rule, one hour of general debate); and Federal elections, to occur at 12 noon, and if the amend- Consideration of H.R. 2538, Guadalupe-Hidalgo Trea- ment is not tabled, Senate will vote on a motion to close ty Land Claims Act (open rule, one hour of general de- further debate on the Amendment at 1:45 p.m. bate).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E1656, E1660, E1663, E1666, Scott, Robert C., Va., E1673 E1668, E1671 Smith, Robert, Ore., E1661 Berry, Marion, Ark., E1675, E1677 Hyde, Henry J., Ill., E1676 Solomon, Gerald B.H., N.Y., E1677 Bilbray, Brian P., Calif., E1678 Kanjorski, Paul E., Pa., E1672 Spence, Floyd, S.C., E1654 Conyers, John, Jr., Mich., E1677 Kennedy, Joseph P., II, Mass., E1657 Stark, Fortney Pete, Calif., E1655, E1658, E1662, Davis, Thomas M., Va., E1667, E1674 Kleczka, Gerald D., Wisc., E1655, E1663 E1664, E1666, E1668 Delahunt, William D., Mass., E1668, E1672, E1673 LaHood, Ray, Ill., E1678 Stump, Bob, Ariz., E1669 Matsui, Robert T., Calif., E1665 Stupak, Bart, Mich., E1676 Deutsch, Peter, Fla., E1679 Miller, George, Calif., E1655, E1661, E1664 Torres, Esteban Edward, Calif., E1675 Diaz-Balart, Lincoln, Fla., E1657 Moran, James P., Va., E1674 Thomas, William M., Calif., E1667 Dickey, Jay, Ark., E1670 Murtha, John P., Pa., E1676 Towns, Edolphus, N.Y., E1679 Dixon, Julian C., Calif., E1677 Northup, Anne M., Ky., E1676 Underwood, Robert A., Guam, E1665 Duncan, John J., Jr., Tenn., E1661 Radanovich, George P., Calif., E1666 Vela´ zquez, Nydia M., N.Y., E1679 Gejdenson, Sam, Conn., E1670 Sanders, Bernard, Vt., E1657 Vento, Bruce F., Minn., E1671 Gephardt, Richard A., Mo., E1665 Sandlin, Max, Tex., E1672 Weldon, Curt, Pa., E1662 Gilman, Benjamin A., N.Y., E1673, E1675, E1678 Saxton, Jim, N.J., E1662, E1667 Wolf, Frank R., Va., E1653, E1675

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