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

Vol. 143 WASHINGTON, WEDNESDAY, APRIL 23, 1997 No. 49 House of Representatives The House met at 2 p.m. fer, or use of any chemical weapon or bio- ONE HUNDRED DAYS UNTIL EL- The Chaplain, Rev. James David logical weapon, and to reduce the threat of DERLY AND DISABLED LEGAL Ford, D.D., offered the following acts of terrorism or armed aggression involv- IMMIGRANTS LOSE SSI BENE- prayer: ing the use of any such weapon against the FITS United States, its citizens, or Armed Forces, Since You have created each person, or those of any allied country, and for other (Mr. LEVIN asked and was given per- O God, and have breathed into all peo- purposes. mission to address the House for 1 ple the very breath of life, we offer The message also announced that minute and to revise and extend his re- these words of prayer and thanksgiving pursuant to Public Law 104–201, the marks.) for the mighty gifts of life that we cel- Chair, on behalf of the majority leader, Mr. LEVIN. Mr. Speaker, in exactly ebrate each day. after consultation with the Democratic 100 days many thousands of elderly and When we contemplate our blessings leader, appoints the following individ- disabled legal immigrants in our coun- and as we meditate on our responsibil- uals as members of the Commission on try will lose their only source of finan- ities, we become more aware of the Maintaining United States Nuclear cial support, SSI, unless this Congress grandeur of Your creation and the maj- Weapons Expertise: Henry G. Chiles, acts. esty of Your gifts to us. May we use Jr. of Virginia; and Robert A. Hoover This is not about welfare reform, it is these gifts wisely and courageously as of Idaho. about community responsibility. It is we seek to be Your people, doing the f not about moving a young parent from works of faith and hope and love. This welfare to work, but about elderly peo- is our earnest prayer. Amen. THE REPUBLICAN AGENDA ple who cannot work. It is not about f (Mr. EWING asked and was given per- people who came here illegally, but mission to address the House for 1 THE JOURNAL people who came here under our laws, minute and to revise and extend his re- who now find themselves disabled, The SPEAKER. The Chair has exam- marks.) most often because of age and illness: ined the Journal of the last day’s pro- Mr. EWING. Mr. Speaker, I come Asian-Americans caught up in the ceedings and announces to the House here today to talk about the Repub- Vietnam war, often fighting on our his approval thereof. lican agenda. I think that it is fitting side; Arab-Americans, many of whom Pursuant to clause 1, rule I, the Jour- and proper that we start to con- fled the land of Saddam Hussein; peo- nal stands approved. centrate on those important areas of ple who, despite in numerous cases f business left to this body and to this having defended their native land Congress. PLEDGE OF ALLEGIANCE against Nazi invaders, left because of Crime is and remains an important Soviet persecution against Jewish fam- The SPEAKER. Will the gentleman issue in the 15th District of Illinois and ilies; Hispanic-Americans dislocated by from Ohio [Mr. TRAFICANT] come for- is an important part of our agenda. Se- war or in pursuit of family reunifica- ward and lead the House in the Pledge curing our borders from threats of ille- tion. of Allegiance. gal entry by those trafficking drugs is When the President signed the Per- Mr. TRAFICANT led the Pledge of very important in our battle to win the sonal Responsibility Work Opportunity Allegiance as follows: war on crime and drugs. Reconciliation Act, he made it com- As recently as last Sunday, a Sunday I pledge allegiance to the Flag of the pletely clear he would propose legisla- evening news program, an expose´ as United States of America, and to the Repub- tion this year to correct the provisions you would have it, talked about the op- lic for which it stands, one nation under God, on legal immigrants. Today I am intro- indivisible, with liberty and justice for all. eration of our border patrols as we deal ducing the bill that the President has with those coming into our country f proposed. who may be bringing drugs into this MESSAGE FROM THE SENATE country. I think it was shocking to the f A message from the Senate by Mr. American people. It was to me. If the Lundregan, one of its clerk, announced evidence put forth in this television WORLD BANK GIVING AMERICAN that the Senate had passed a bill of the program were even partially true, we DOLLARS AWAY following title in which the concur- have a serious problem with our own (Mr. TRAFICANT asked and was rence of the House is requested: enforcement. given permission to address the House S. 495. An act to provide criminal and civil Mr. Speaker, it is time to move on for 1 minute and to revise and extend penalties for the unlawful acquisition, trans- and to check this out. his remarks.)

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.

H1717 H1718 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Mr. TRAFICANT. Mr. Speaker, the nology Week is an informal public edu- America should be proud of its immi- World Bank, funded by American dol- cation outreach program of the Na- grants and ashamed of the new welfare lars, just gave another $250 million to tional Science Foundation. law. Russian coal miners. The problem is no National Science and Technology f one knows what happened to the first Week is celebrated across the country, $250 million. That is right, bye-bye, providing special opportunities in com- H.R. 400 IS THE STEAL AMERICAN $250 million. munities throughout the Nation to no- TECHNOLOGIES ACT Now, if that is not enough to massage tice the major impact and importance (Mr. ROHRABACHER asked and was your chapter 11, check this out: Rus- that science and technology have on all given permission to address the House sian officials say the $250 million is aspects of our daily lives. for 1 minute and to revise and extend lost. Where is the money, Mr. Speaker? This year’s theme is ‘‘Webs, Wires his remarks.) Since 1992, $7 billion of American and Waves: The Science and Tech- Mr. ROHRABACHER. Mr. Speaker, money going to the World Bank ends nology of Communication.’’ This theme today, H.R. 400 comes before the House up in Russia. Where is the money? recognizes the impact that tele- of Representatives for amendment and I say, while the World Bank, with communications has had in shrinking for an up and down vote. I call H.R. 400 American dollars, is providing jobs for the world and bringing people world- the Steal American Technologies Act, Soviet and old Soviet Russian coal wide closer together. so it is a good thing that we have dis- miners, American coal workers are get- Today, from 9 a.m. to 9 p.m., the Na- cussed this bill on Science and Tech- ting pink slips and black lung. tional Science Foundation will again nology Week. Beam me up. I say somebody at the offer its ‘‘Ask a Scientist or Engineer’’ The fact is H.R. 400 would change the World Bank is smoking dope and they hotline by telephone and the Internet. fundamental protections that have are inhaling. I think we need some The toll-free number for this public been in place guarding America’s tech- common sense here. Yield back the bal- service is 1–800–682–2716. Online access nological secrets and our innovation ance of our carcinogens involved with will be provided throughout the week since the founding of our Republic. this. at [email protected]. b 1415 I encourage my fellow Members to f It changes these fundamental protec- strongly support this program and join tions. It guts the patent system. H.R. PRESENT TO AMERICAN PEOPLE with me in celebrating National 400 would mandate that all of our tech- AN HONEST AND RESPONSIBLE Science and Technology Week, and if nological secrets be published so our BALANCED BUDGET PLAN my colleagues did not catch the tele- worst enemies will be able to use our phone numbers or the Internet address, (Mr. GUTKNECHT asked and was innovations and technologies against feel free to call my office and get the given permission to address the House us even before our patents are issued. correct numbers. for 1 minute.) I ask my colleagues to join me in de- Mr. GUTKNECHT. Mr. Speaker, we f feating H.R. 400, which is a Pearl Har- talk about the 104th Congress as being NEW WELFARE REFORM LAW UN- bor attack on America’s technological a historic Congress. Well, we have an lead. Future generations of Americans opportunity in this Congress to do JUST, UNNECESSARY, AND UN- AMERICAN will suffer if we let this dismal, this something historic as well: to present terrible bill through. I would ask my the American people with an honest (Mr. GUTIERREZ asked and was colleagues to join me in defeating H.R. and responsible balanced budget plan. given permission to address the House 400, the Steal American Technologies The President and the Congress are for 1 minute and to revise and extend Act. having important budget negotiations his remarks.) f right now. We have an opportunity. We Mr. GUTIERREZ. Mr. Speaker, today can balance the budget by the year the countdown begins. EQUAL TREATMENT FOR MEN AND 2002. We can show decreasing deficits as One hundred days from now, the new WOMEN we move toward that balanced budget. welfare reform law, a law that is un- (Ms. NORTON asked and was given We can provide permanent tax relief just, unnecessary, and un-American, permission to address the House for 1 for hard-working American families. will jeopardize the health of the elder- minute and to revise and extend her re- We can solve the problem of the Social ly, blind, disabled, and economically marks.) Security and the Medicare trust funds. vulnerable immigrants. Yes, the same Ms. NORTON. Mr. Speaker, Monday And finally, and most importantly, we immigrants who made American rich- the Supreme Court let stand a title IX can lay the foundations for eliminating er, stronger and free through their own ruling requiring Brown University to the national debt and leave our kids a hard work, their own contributions. give equal treatment to men and debt-free future. The new welfare law would be unfair women in sports. This was not an af- Mr. Speaker, these are principles and if it affected one immigrant. Now mul- firmative action case. It was an old- issues that are worth fighting for, and tiply it hundreds of thousands of times, fashioned deliberate discrimination I think they are principles we can all as much as 1.8 million times. This is case, even though affirmative action agree to. This is a chance for us to set the magnitude of the crisis we are fac- would have been justified given the ex- a higher standard, to make good on our ing. clusion of women from sports for dec- promises of actually changing the way We have 100 days to restore benefits ades. It did not come a moment too Washington does business, and simply to legal immigrants and 100 days to re- soon. This is the 25th anniversary of do the right thing for our seniors, for store something else, too: To restore a title XI. It did not come a moment too our children, for everyone. Let us seize sense of fairness and logic to the wel- soon because everybody jumped and the day. fare debate, to restore the principle of cheered for our women athletes at the f compassion. Atlanta Olympics. It is now time for Two years ago, some of my House Congress to undo the damage it did last NATIONAL SCIENCE AND colleagues acted in 100 days on some- year when it erased all State compli- TECHNOLOGY WEEK thing called a Contract With America. ance funds for title IX, for the injury (Mr. EHLERS asked and was given Within the next 100 days Members of was not to female athletes alone but to permission to address the House for 1 both parties should consider an older all school programs for girls, including minute and to revise and extend his re- contract, a compact, a covenant really, our attempts to increase girls in math marks.) that no matter our background, in and science. This is not about men ver- Mr. EHLERS. Mr. Speaker, this week America we are worthy of that free- sus women. It is not a zero sum game. is National Science and Technology dom, worthy of our respect, worthy of Equal treatment for men and women is Week. National Science and Tech- our compassion. win-win, Mr. Speaker. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1719 PROVIDING FOR CONSIDERATION the pace in which this body has con- XXIII, the Chair declares the House in OF MOTIONS TO SUSPEND THE ducted its business during the first the Committee of the Whole House on RULES months of this session. To those Mem- the State of the Union for the further Mr. HASTINGS of Washington. Mr. bers, I would simply say that today’s consideration of the bill, H.R. 400. Speaker, by direction of the Commit- resolution makes it possible to keep b 1425 tee on Rules, I call up House Resolu- moving ahead expeditiously on the im- IN THE COMMITTEE OF THE WHOLE tion 117 and ask for its immediate con- portant business the American people Accordingly the House resolved itself sideration. have sent us here to do. The Clerk read the resolution, as fol- This is clearly a straightforward and into the Committee of the Whole House lows: noncontroversial rule. I would hope my on the State of the Union for the further consideration of the bill (H.R. 400) H. RES. 117 colleagues here will debate it with to amend title 35, United States Code, Resolved, That it shall be in order at any their customary civility and pass it on time on Wednesday, April 23, 1997, or on without delay. with respect to patents, and for other Thursday, April 24, 1997, for the Speaker to Mr. Speaker, I reserve the balance of purposes, with Mr. HASTINGS of Wash- entertain motions that the House suspend my time. ington (Chairman pro tempore) in the the rules. The object of any motion to sus- Ms. SLAUGHTER. Mr. Speaker, I chair. pend the rules shall be announced from the thank my colleague for yielding me the The Clerk read the title of the bill. floor at least one hour prior to its consider- customary 30 minutes, and I yield my- The CHAIRMAN pro tempore. When ation. The Speaker or his designee shall con- self such time as I may consume. the Committee of the Whole rose on sult with the minority leader or his designee While I do not oppose the rule, I Thursday, April 17, 1997, the amend- on the designation of any matter for consid- would like to use the opportunity to ment in the nature of a substitute of- eration pursuant to this resolution. again raise the issue of why the major- fered by the gentleman from California The SPEAKER pro tempore (Mr. ity still has yet to propose a budget [Mr. ROHRABACHER] had been disposed BARRETT of Nebraska). The gentleman and has yet to hold any hearings or of and the bill was open for amendment from Washington [Mr. HASTINGS] is rec- markups on campaign finance reform. at any point. ognized for 1 hour. Fifty-eight bills have already been in- Are there further amendments to the Mr. HASTINGS of Washington. Mr. troduced in the House this year that bill? Speaker, for the purpose of debate would reform our campaign finance AMENDMENT NO. 1 OFFERED BY MR. CAMPBELL only, I yield the customary 30 minutes system, one of which is my own meas- Mr. CAMPBELL. Mr. Chairman, I to the gentlewoman from New York ure to provide free television time to offer an amendment. [Ms. SLAUGHTER], pending which I yield political candidates. Yet all 58 of these The CHAIRMAN pro tempore. The myself such time as I may consume. campaign finance reform bills continue Clerk will designate the amendment. During consideration of this resolu- to languish in committee. There is no The text of the amendment is as fol- tion, all time yielded is for the purpose excuse for this Congress’ continuing lows: of debate only. Amendment No. 1 offered by Mr. CAMP- (Mr. HASTINGS of Washington asked failure to take action on these issues. BELL: amend section 302(C)(2), p. 68 of March and was given permission to revise and The leadership of the House owes it to the voters of the Nation to seize the 20 text: Strike lines 4–6. extend his remarks.) Insert: ‘‘under this chapter, and such use Mr. HASTINGS of Washington. Mr. opportunity before it and to enact re- shall not be greater in quantity, volume, or Speaker, this rule makes it in order at sponsible reform. While I support this scope than had been the actual quantity, vol- any time today, Wednesday April 23, or rule allowing us to move suspension ume, or scope of the prior use, however, the tomorrow, Thursday, April 24, for the measures forward this week, I would defense shall also extend to improvements Speaker to entertain motions that the urge our leadership and my colleagues in’’ Amend section 302(C)(6), p. 69 of March 20 House suspend the rules. The rule also to also move forward on some of the more difficult and pressing matters be- text: provides that the object of any motion At line 23, strike ‘‘,’’ add: ‘‘; in which case to suspend the rules shall be announced fore us. I am at a loss to explain to my the use of the defense shall not be greater in from the floor at least 1 hour prior to constituents why the House has spent quantity, volume, or scope than had been the its consideration. The rule further con- so little time in session this year while actual quantity, volume, or scope of the siders the Speaker or his designee to so much major legislation has yet to prior use.’’ consult with the minority leader or his see the light of day. Let us get on with Mr. CAMPBELL. Mr. Chairman, I designee on the designation of any the budget process and move forward begin today with a word of thanks to matter for consideration pursuant to with real campaign finance reform. my good friend and colleague, the gen- this resolution. Mr. Speaker, I yield back the balance tleman from California [Mr. The bills that will be considered of my time. ROHRABACHER], on whose side I fought under suspension of the rules as a re- Mr. HASTINGS of Washington. Mr. last week, and to my good friend and sult of adopting this rule are non- Speaker, I yield back the balance of colleague, the gentleman from North controversial and are very narrowly my time, and I move the previous ques- Carolina [Mr. COBLE], the chairman. tailored, thus making it impractical to tion on the resolution. This is a different subject from last The previous question was ordered. bring them up under an order of busi- week. It is an amendment that deals The resolution was agreed to. ness resolution from our Committee on A motion to reconsider was laid on with the prior domestic use. I would Rules. However, scheduling them for the table. just like to take a moment and explain it. consideration today is necessary to en- f sure that our colleagues are here to do This bill does something that has the very important committee work. ANNOUNCEMENT REGARDING LEG- never before happened in American For example, Mr. Speaker, the Com- ISLATION TO BE CONSIDERED patent law. What it says is that where mittee on Banking and Financial Serv- UNDER SUSPENSION OF THE a prior user of a patented idea has ices is meeting today to mark up the RULES TODAY made commercial use of that idea in Housing Opportunity and Responsibil- Mr. HASTINGS of Washington. Mr. the United States, then—even though ity Act. In addition, the Committee on Speaker, pursuant to the rule, the fol- the inventor files the patent on time Ways and Means is meeting today to lowing suspensions will be considered and even eventually gets the patent— mark up two very important pieces of today: that inventor has no opportunity to get legislation, the Adoption Promotion House Concurrent Resolution 8, H.R. royalties from that prior domestic Act and the Welfare Reform Technical 39, H.R. 449, H.R. 688, and H.R. 1272. user. Now, that messes up the whole Corrections Act. Finally, the Commit- f system. The idea is to reward the in- tee on International Relations is mark- ventor, the person who comes up with ing up several timely measures relat- 21ST CENTURY PATENT SYSTEM the idea first, and who goes and gets it ing to Zaire and Cambodia. IMPROVEMENT ACT patented. Mr. Speaker, a number of our col- The SPEAKER pro tempore. Pursu- If instead you have to look around leagues have expressed concern about ant to House Resolution 116 and rule and wonder if somebody else anywhere H1720 CONGRESSIONAL RECORD — HOUSE April 23, 1997 in the country is engaged in the prior ing innovation and not having the priving the individuals who created the domestic use, you run the risk that value of it taken away because some small business in the first place of the when the patent eventually is awarded prior domestic user making, let us say, just returns for their endeavors. to you it will have very little value, 10 units can now make 100. That is it. For those reasons and others, Mr. very little value because some other I believe the amendment is simple, and Chairman, I oppose the amendment of- company has already got it and the I would urge my colleagues to support fered by the gentleman from California right to continue producing it. it. [Mr. CAMPBELL]. This is a problem that might be lim- Mr. COBLE. Mr. Chairman, I rise in Mr. DELAHUNT. Mr. Chairman, I ited, and I was offering an amendment opposition to the amendment. move to strike the requisite number of to my good friend the chairman of the I thank the gentleman from Califor- words. committee, which regrettably he was nia. As he indicated, Mr. Chairman, we Mr. Chairman, the ranking member not able to accept. I do wish to put on have been pretty easy dogs to hunt and I and other Democratic members of the Record, by the way, that he accept- with. As the gentleman said, we have the subcommittee oppose this amended many other amendments of mine, compromised, we gave away a lot. I do ment. It forbids a technology-based for which I am very grateful. So this not think we compromised the bill in business to grow its operations if the has been a cooperative process, but he doing so, but we worked very favorably benefits are from a prior use defense. It was not able to accept this one. with many people who came to us. would also freeze the level of activity benefiting from a prior use defense What I suggested was, look, let us b 1430 limit this prior domestic user to the when a business was sold. This would kind and volume of that prior use. If The amendment made in order by my especially harm small firms selling you are an innocent prior domestic colleague would seriously undermine their businesses. The amendment lim- user, okay, continue. But you should the effectiveness of title III of H.R. 400, its the protection for prior uses to use not be able to double it, to triple it, in- however, which protects prior Amer- that is no greater in quantity, volume or scope than the use that occurred be- crease it tenfold after somebody else ican users of patented technologies. fore a somewhat unclear point in time. has the patent. Particularly I am wor- The amendment would apply limita- The limitation applies both to any ex- ried that if you sell your company, you tions on expansion of activities by the pansion in quantity, volume or scope should not be put in the position where prior user and by any company to by another company to which the prior the acquirer is bidding more for the which the prior user might wish to transfer its business. user may wish to transfer its business. company because it has the crown The practical effect of this limitation jewel of being able to do what, under The first part of this amendment is unclear to me as to exactly what type would be to discourage any growth or existing law, would be a violation of improvement in businesses that title patent. of limit would be placed upon a prior user. By limiting the quantity and vol- III is intended to protect. The limita- So I propose today on the floor ex- tion also would discourage any transfer actly the amendment I offered to the ume to the, quote, actual quantity, volume or scope, close quote, of the of a line of business to another firm chairman, and I am going to take just that might be more efficient and com- a moment further and explain it. It prior use, the question is prior to what? Prior to the date of filing of an applica- petitive. says, go ahead, I understand the occa- Ms. LOFGREN. Mr. Chairman, will sional need for a prior domestic user to tion covering an invention which is the subject of the prior use? Prior to the the gentleman yield? continue, but it will be limited in Mr. DELAHUNT. Mr. Chairman, I date of issuance on such a patent? quantity, volume, and scope to the ac- yield the balance of my time to the Prior to the date the prior user is sued tual quantity, volume, and scope that gentlewoman from California. you were producing before; and, if you by the patent holder? It is very nebu- Ms. LOFGREN. Mr. Chairman, I just are acquired, that the acquirer, in tak- lous. wanted a quick comment. The chairing over the full company, also not ex- Irrespective of the actual meaning of man has received a letter. Mr. Lehman, pand that use in scope or quantity or the first part of this amendment, Mr. our Commissioner of Patents and volume. Obviously the Patent Office Chairman, it would at least signifi- Trademarks, has written to the chair- has the right to issue regulations that cantly erode the benefit of the prior man on this issue, and I want to quote will be relevant for explaining and ap- user right to American manufacturers, him. He in his letter dated April 22 in- plying this exception. leaving them at a serious disadvantage dicates that, and I quote: Where did I come up with this? This vis-a-vis European and Japanese patent H.R. 400 contains provisions referred to as is a model in labor law about the op- holders. All of our major trading part- prior use rights that are intended to make portunities and obligations to continue ners have prior use defenses in their the patent system fairer by allowing those bargaining when an employer is taken laws now. Thus, while foreign firms who practice an invention before it was pat- over by another. The legal rules for could use their U.S. patents to effec- ented by another to continue to practice invention after the patent issued. changes in scope when there is a tively disrupt the U.S. manufacturing change in ownership are well known in and production facilities of American According to Mr. Lehman, and again existing law. I hope this is clear, and I companies, the manufacturing oper- this is a quote: offer this as an amendment that will ations of these foreign firms would re- Mr. CAMPBELL’s amendment is unfair in improve the Coble bill that we are vot- main immune from attack on the basis limiting their rights to exploit the invention of patents obtained in their countries to the quantity or volume of use at the time ing on later today. It will not defeat of the prior use. In some instances they may the other provisions of the bill. It is by their U.S. competitors. Such serious limitation on the prior use defense have reasonably expected to expand oper- not inconsistent with it in my view. ations at a later time and others that may Since last week, one additional piece would place enormous pressure on en- be tantamount to eliminating the prior use of testimony has come to my atten- terprises, large and small, to seek to right. tion, Mr. Chairman, and that is from patent every advance which formed That is Mr. Lehman’s comment. Robert Rines, the president of the part of their production technology to Mr. CAMPBELL. Mr. Chairman, Academy of Applied Science. He wrote avoid disruptions from patents by sub- would the gentleman yield? the following in a letter dated April 22: sequent inventors. Mr. DELAHUNT. I yield to the gen- The second part of the amendment, I also know firsthand that staff at MIT, tleman from California. where I teach, Stanford, Carnegie and Har- in addition to suffering the same infir- Mr. CAMPBELL. Would the gen- vard, at least, are particularly upset with mities of clarity, would be extremely tleman kindly request the gentle- the prior secret user provision, which is cer- prejudicial to start-up firms and small woman to share that copy with me, in tainly of no value to universities and which businesses which are frequently ac- that I have not seen it until this mo- if passed will be used to deprecate their pat- quired by larger firms. A small busi- ment? ents. ness concern enjoying a prior use right, Ms. LOFGREN. Mr. Chairman, if the The importance of this is underlined which it cannot transfer to a perspec- gentleman will yield, I am sorry. Of by the fact that the major research tive purchaser, will be considerably course. Since it was sent to the gen- universities have an interest in creat- less valuable to such a purchaser, de- tleman from North Carolina [Mr. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1721

COBLE] I assumed, but I would be happy make their patent system fairer by allowing Last week, when we had this discus- to, when we go back into the House of those who practiced an invention before it sion as to basically our substitute Representatives, I will ask unanimous was patented by another to continue to prac- amendment, all of this, quote, reform consent that the letter be submitted in tice invention after the patent issued. Mr. was being done to stop submarine pat- Campbell’s amendment us unfair in limiting the RECORD. In the meanwhile I will their rights to exploit the invention to the enting, supposedly. Well, those who make a copy for the gentleman. ‘‘quantity or volume of use’’ at the time of were listening realized that argument Mr. CAMPBELL. If the gentlewoman the prior use. In some instances, they may did not wash. Well, what was the real from California can just bring it over have reasonably expected to expand oper- reason we have the bill here? Why is to me, that way I can see it on my re- ations at a later time. In others, it may be there a portion of this bill that de- buttal. tantamount to eliminating the prior user mands that every American inventor The letter referred to is as follows: right. will have to have his invention pub- Each of these proposed amendments would U.S. DEPARTMENT OF COMMERCE, lished for everybody in the world to see make it more difficult for all businesses, but PATENT AND TRADEMARK OFFICE, and to steal before that patent is is- especially small businesses or individual in- Washington, DC, April 22, 1997. ventor, to exploit their inventions success- sued? That is part of the bill because Hon. HOWARD COBLE, fully. Therefore, we oppose their enactment. that is the way the Japanese system Chairman, Subcommittee on Courts and Intel- Furthermore, during the debate on H.R. works. That is what we have agreed to lectual Property, Committee on the Judici- 400, some Members cited a report released by in a subterranean agreement with the ary, House of Representatives, Washington, the Congressional Research Service that con- Japanese. DC. cluded that H.R. 811 would end the practice This bill will gut America’s patent DEAR MR. CHAIRMAN: Thank you for your of ‘‘submarine patents’’. This conclusion in request to review proposed amendments to system. It is horrendous. It will make it is incorrect. H.R. 811 would permit publi- H.R. 400, the ‘‘21st Century Patent System us technologically inferior one genera- cation at a late point in patent prosecution Improvement Act.’’ We oppose enactment of tion from now. I ask my colleagues to (unlike H.R. 400 that requires early publica- any of these proposed amendments and tion) and permits the term to run from the defeat it. amendments that may be presented contain- date of issue (unlike H.R. 400 that requires Mr. Chairman, I yield the balance of ing the same subject matter. the term to run from the date of filing). This my time to the gentleman from Cali- One amendment offered by Mr. Hunter means that the public would not receive no- fornia [Mr. CAMPBELL]. would amend provisions of H.R. 400 related tice of the ‘‘submarine’’ patent until the Mr. CAMPBELL. Mr. Chairman, to patent reexamination—a proceeding that five-year date. Although this could be earlier there were three points made in opposi- offers a cost-effective alternative to litiga- than they would under the law before the en- tion. As changed by the Manager’s Amend- tion to my amendment. I would like to actment of the Uruguay Round Amendments ment, title V of H.R. 400 would improve the rebut each of them. First of all, prior Act, the public still could have invested sub- existing procedures by permitting those who domestic use; it has been asked: Prior stantial amounts unknowingly in the tech- question patent validity (other than the pat- to what? The answer is already in the nology covered by the submarine patent. ent owner) to participate more effectively in bill. Remember the bill itself creates Worse, given the term provisions, the begin- reexamination proceedings. This makes reex- ning of the patent term can still be the prior domestic use as a right. Ac- amination a more effective alternative to ex- unjustifiably delayed so that it appears that cordingly, I am saying whatever that pensive and time-consuming litigation. This the submariner is obtaining a longer patent prior domestic use is, it shall be lim- amendment would eliminate this improve- term than authorized. Thus, the public may ited to its scope as of the time of the ment and all others contained in H.R. 400. then know about the patent application Furthermore, it would preclude the primary prior domestic use recognized by the pending in the Office, but they cannot stop examiner who authorized the issuance of the bill. So it really is a circular argument the delay tactics or the unfair extension of patent, the person in the Patent and Trade- against my amendment. the patent term. mark Office most familiar with the patent Second, opponents of my amendment Sincerely, and the technology involved in it, from par- argue that this is a disadvantage for BRUCE A. LEHMAN, ticipating in the reexamination of the pat- Assistant Secretary of Commerce and America in regard to Europe because ent. Commissioner of Patents and Trademarks. Europe has a prior domestic use provi- Another proposed amendment offered by sion. This is the debate we had last Mr. DELAHUNT. Mr. Chairman, I Mr. Hunter would retain the provisions as week. amended by the Manager’s Amendment but yield back the balance of my time. If a European files over here, the Eu- would change them in such a way as to Mr. ROHRABACHER. Mr. Chairman, ropean’s prior domestic use does not render reexamination proceedings as almost I move to strike the requisite number useless. Under the provisions of this amend- give an excuse to violate American of words. patent law. Everyone over here is ment, reexamination proceedings could only Mr. Chairman, I was very pleased be instituted within nine months of the date treated the same. Over in Europe, that the gentlewoman from California of issue of the patent. In many or most cases, whether an American or a European disputes involving the validity of the patent [Ms. LOFGREN] brought up Bruce Leh- files, there is a prior domestic use ex- will not be apparent within the first nine man, the head of our Patent Office. He ception. So there is a no unfairness be- months after issue. Thus, reexamination will is the one who actually made an agree- tween the two; we have a better sys- not be a viable substitute for litigation in ment that has brought us all together tem. In America the patent means many instances and patent owners and third today. It was his agreement with the more, and that should be protected. parties will be forced to engage in litigation Japanese, which I put into the CON- that is more costly and time consuming. And, last, opponents argue that small GRESSIONAL RECORD on numerous occa- While this would be a disadvantage for all businesses are somehow disadvantaged. businesses, this could be especially disad- sions which the other side of this de- I have now had the opportunity to read vantageous for individual inventors and bate has yet to comment on, that has Mr. Lehman’s letter. He claims small small businesses. It is ironic that this brought us together, because Mr. Leh- inventors are disadvantaged—but what amendment is claimed to have been offered man signed an agreement to harmonize he says is disadvantaged as opposed to on their behalf. American patent law with that of the what the amendment would provide in- An amendment offered by Mr. Forbes Japanese. That is the reason we are stead of the bill, not disadvantaged as would preclude pre-grant publication of a here today. compared to the status quo. There is patent application filed by small business or America had the strongest patent individual inventors (as defined in the fee no prior domestic commercial use in subsidy provisions of title 35), unless re- law in the world. That is the reason we the status quo. quested by the applicant. The public benefits had our great innovations that man- Now if my colleagues wish to create from prompt publication of patent applica- kind has enjoyed over these last 200 a prior domestic use exception, I am tions. There appears to be no reason to ex- years coming from the United States of limiting it so that it is not expanded so empt some applicants from the publication America. broad as to take away the value of the requirement, especially when any possible This is an attempt, what is happen- right. And that is my intention. But legitimate concerns about losing the oppor- ing today, H.R. 400, to destroy the fun- please, to say that it limits the small tunity to use trade secrets are mitigated by damental legal protections that have the bill under consideration. It provides that businesses is really quite erroneous be- these applicants can request delays in publi- been part of our legal system since the cause small businesses do not have this cation until after the second office action. adoption of our Constitution and in the right presently. H.R. 400 contains provisions, referred to as name of harmonizing our law with that Last, if you want to generalize, un- ‘‘prior user rights,’’ that are intended to of Japan. derstand it is the large businesses who H1722 CONGRESSIONAL RECORD — HOUSE April 23, 1997 are more likely engaged in the prior would like to see, inasmuch as they see within the Patent Office itself, the pub- domestic commercial use. It is the ours when we file over there. lication is the thing that by necessity small businesses who, if you want to But notwithstanding that, that is not takes some congressional action. generalize, are the inventors, the larg- the real thrust of my remarks. The Why is publication bad? It is common er businesses who are the commer- thrust of my remarks is to say that the sense. Those people who are listening, cializers. gentleman is persistent and tenacious those people who are reading the CON- This one provision shows as clearly and a very worthy adversary; and I GRESSIONAL RECORD, our colleagues as any in the bill that it is an attempt hope the misstatements in the press who are listening at home, if one can- to take from the inventor and give to have not colored the gentleman’s view not understand the argument that was the commercializer, and we do that at of my opinion of him, which is of the just presented to us of why publishing great risk to the inventing process. highest. our secret information, information I thank my colleague for yielding. Ms. KAPTUR. Mr. Chairman, I move that by American tradition was kept Mr. ROHRABACHER. It is fascinat- to strike the requisite number of absolutely confidential until the issuing that in H.R. 400, which we will vote words, and I yield to the gentleman ance of a patent, from the time our on as an up-and-down vote at the end from California [Mr. ROHRABACHER]. Constitution was adopted until after of this long debate and after our Mr. ROHRABACHER. Mr. Chairman, this bill passes and is signed into law, amendments are through, that all of I thank the gentlewoman for yielding. the law has been that an American has the Nobel Laureates that have been First of all, I would like to say that a right of confidentiality. If he has an cited on the floor have been in favor of this has been a heated debate and it invention and applies for a patent, no a substitute to H.R. 400 and have op- has been a bipartisan debate; and no one will have the right to know about posed H.R. 400; the research depart- one can really chart who is going to it until that patent is issued. ments of our major universities and fall down on what side of this debate in This is a major divergence of Amer- colleges are opposed to H.R. 400; every terms of their party or whether they ican law in a fundamental area. We are inventors’ organization in the country are conservative or liberal or what talking about the law that has gov- is opposed to H.R. 400; small businesses have you. erned technological development in our throughout our country are opposed to I think that is healthy for this body. country. It has served us well. Ameri- H.R. 400. And I certainly never believed that my ca’s competitors did not know what They do not want to give huge, mul- colleague, the gentleman from Illinois American inventors, innovators, and tinational, and foreign corporations [Mr. HYDE] would have personalized it universities were doing until the pat- every secret that they have been devel- the way the newspaper said it was. ent was issued. This bill would man- oping with their research and their ef- After all, it was a comment not about date after 18 months that all of the in- forts over the years, even before pat- me but about my mother I seem to formation of an applicant would be ents are granted to those who have ap- think. And I am sure that comment made public even before the patent is plied for patents. would not really have been something issued. This would make vulnerable small that would be characteristic of the gen- Sometimes patents take 5 and 10 businessmen. It would make vulnerable tleman from Illinois [Mr. HYDE], who years to issue. In that case, America’s our inventors. It would cut into what has always kept debates on a very high worst adversaries, people who want to America has had as our edge against plain, even though sometimes being destroy this country economically and every one of our foreign adversaries called Mr. Periscope is not always the bring us down, will have all of our both in terms of national security and nicest thing in the world, but I did not technological secrets to use against us. in terms of our prosperity. take offense at that either. The bill takes care of that, we are told, I am asking my colleagues to join me Mr. HYDE. Mr. Chairman, if the gen- because it grants then, the innovator, in voting no on H.R. 400 but supporting tlewoman would yield, the gentleman’s the inventor, the right to sue these the amendment of the gentleman from periscope is always up. huge foreign and multinational cor- California [Mr. CAMPBELL] which Mr. ROHRABACHER. But I have porations who might infringe upon us. would, hopefully, improve it one little nothing but respect for the gentleman That will not work. It does not fool bit. from North Carolina [Mr. COBLE] and the inventors. It is a formula for a ca- Mr. HYDE. Mr. Chairman, I move to the gentleman from Illinois [Mr. tastrophe and the stealing of our tech- strike the requisite number of words. I HYDE]. nology to be used against us. just have a very brief statement I want As I say, if one would examine our I ask for people to vote no on H.R. to make. voting records, one would find that we 400. I want to say to my friend, the gen- vote together 90 percent of the time. Ms. KAPTUR. Mr. Chairman, I yield tleman from California [Mr. Again, however, in this particular in- the balance of my time to the gen- ROHRABACHER]: First, I disagree with stance, I am in strong disagreement tleman from California [Mr. CAMP- him comprehensively in his interpreta- with my two colleagues. And I am BELL]. tion of the bill; second, a local Capitol happy that we are discussing publica- Mr. HYDE. Mr. Chairman, will the Hill-newspaper has quoted me accord- tion, because I believe publication is gentlewoman from Ohio yield? ing to some anonymous source, as re- the essential ingredient of H.R. 400. Mr. CAMPBELL. Mr. Chairman, if ferring to him with a highly uncompli- the gentleman from Illinois [Mr. HYDE] b 1445 mentary name. I would like the public will get us some more time. record to show that I hold him in the How one might determine this, who- Mr. HYDE. Mr. Chairman, I ask highest regard, I hold him in the high- ever is listening from the outside or unanimous consent that the gentle- est esteem, in the highest respect, and reading the CONGRESSIONAL RECORD or woman from Ohio have an additional that I disavow such terms and dislike our colleagues listening from their of- minute. personalizing any disputes. fices, is that this bill was actually sub- The CHAIRMAN. Is there objection I hope the gentleman does not put mitted to Congress during the last ses- to the request of the gentleman from any credence in that published state- sion. The bill was virtually the same Illinois? ment because that would be wrong. But bill, but it had a different title on the There was no objection. again, I reiterate my comprehensive bill. The title of the bill in the last Mr. HYDE. Mr. Chairman, will the disagreement with the gentleman. Congress was the Patent Publication gentlewoman yield? Publication is protection. Yes, it is Act. Ms. KAPTUR. I yield to the gen- published. Yes, people can read it. But The reason it was called the Patent tleman from Illinois. you have provisional rights as though Publication Act is because the purpose Mr. HYDE. Mr. Chairman, this is just you had a patent issued. What the pub- of the bill, and the essential purpose, kind of a passing comment. The gen- lication does is say, yes, this is my the essential thing that it accom- tleman from California [Mr. idea, I was here first, do not tread on plishes that could not be accomplished ROHRABACHER] talked about countries me. And it is that publication of for- with other minor reforms, or actually that wanted to destroy us economi- eign applications for patents that we things that could happen, reforms cally. I searched the globe, and I see all April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1723 of these countries wanting to trade Mr. CAMPBELL. Mr. Chairman, will with my colleague from California. I with us. They like our markets. They the gentleman yield? know my other colleague from Califor- do not really want to destroy us eco- Mr. HUNTER. I yield to the gen- nia, Mr. HUNTER, will be offering an nomically. They would like to get an tleman from California. amendment, and I understand our col- advantage, but destruction, I do not Mr. CAMPBELL. Mr. Chairman, it is league from New York, Mr. FORBES, think that is part of their agenda. almost accurate; there is just one point will be offering an amendment. Mr. CAMPBELL. Mr. Chairman, will where it was not, and that is that the On my own behalf and having con- the gentlewoman yield? expansion is of the use beyond the sulted with my colleague, I am more Ms. KAPTUR. I yield to the gen- prior domestic use. At one point my than willing to use every effort to end tleman from California. colleague substituted the word ‘‘pat- by 5. This is my last amendment. Mr. CAMPBELL. Mr. Chairman, if I ent’’ for ‘‘use,’’ but I think he has said There is one disagreement. In my could please get attention to my it absolutely accurately otherwise. family, we speak of little else than pat- amendment. It has nothing to do with Here it is: Under existing patent law, ent law, and I am shocked that the disclosure. My amendment has some- the prior domestic user has to pay roy- gentleman would find that a limitation thing to do with the prior user oppor- alties to the person who gets the pat- is somehow preferred by my colleagues tunity to undermine the patent. Here ent. This bill says that prior domestic on the floor. But if that is my col- is what it is. user who might have kept it secret can league’s perception, I would be agree- The bill itself says something that expand to his heart’s content. My able. has never existed before in American amendment says, no, look, if you have Perhaps the gentleman would yield patent law. At it is now in patent law, a prior domestic use, that is what you to my colleague from California, Mr. if one who was making a product prior can continue doing; but if you expand HUNTER. to you, but does not obtain the patent, it beyond that, then you have to deal Mr. HUNTER. Mr. Chairman, if the and you do—they have to pay you roy- with the fellow who has the patent. gentleman would yield, certainly I alties. That is valuable. It is a way to Mr. HUNTER. Mr. Chairman, I thank have an amendment that I will be of- make people go to the Patent Office the gentleman for his explanation. fering at the end of the other amend- and get their idea patented. Mr. CAMPBELL. Mr. Chairman, if ments and I will try to make it short Under this bill, for the first time in the gentleman would yield further, I and sweet and do everything I can to American patent law, that prior do- want to just take one moment to read accommodate our friend. mestic user gets to continue—with no the provision in the bill which I would I would anticipate we ought to be fin- obligation to pay royalties, and worse, amend. Again, I say to my colleagues, ished by 5. I would hate to be at 4:45 or the right to expand, and sell the com- this has nothing to do with publica- 4:50 and have one to go, but I think we pany and sell this right along with the tion; it has to do with an exemption can do it. company, with the result that it really never before existing in American pat- Mr. COBLE. Mr. Chairman, I thank takes away a significant percentage of ent law. It says, I am quoting from the the gentleman. Mr. Chairman, for what it is worth, I the value of having a patent. bill, title III: ‘‘except that the defense ask unanimous consent that all debate So what I propose is this: I under- shall also extend to variations in the on the bill and any amendments there- stand that there will occasionally be a quantity or volume of use of the to be concluded by 5 o’clock today. prior innocent commercial user. Let claimed subject matter.’’ I take that out, and I say, if you have The CHAIRMAN. Is there objection him, let her continue—that is all to the request of the gentleman from right—but only with the scope and vol- a prior use, okay, continue it, just do not expand it. I thank the gentleman North Carolina? ume that that person was doing. Do not There was no objection. allow it to be a back door to expand so for yielding. The CHAIRMAN. The question is on AMENDMENT OFFERED BY MR. CAMPBELL much as to take away the essential the amendment offered by the gen- Mr. CAMPBELL. Mr. Chairman, I patent right. tleman from California [Mr. CAMP- offer an amendment. I think that is a very reasonable BELL]. The CHAIRMAN. The Clerk will des- amendment. We had discussion on this The question was taken; and the ignate the amendment. as an amendment, and I think it im- Chairman announced that the noes ap- The text of the amendment is as fol- proves the bill. I thank my colleagues peared to have it. lows: from Ohio. Amendment offered by Mr. CAMPBELL: page Mr. HUNTER. Mr. Chairman, I move RECORDED VOTE Mr. CAMPBELL. Mr. Chairman, I de- 48 of March 20 text, strike line 3, insert: to strike the requisite number of ‘‘111(b) of this title, as to which there have mand a recorded vote. been two substantive Patent Office actions words. The CHAIRMAN. Pursuant to House Mr. Chairman, I thank the gentleman since the filing, shall be published, in accord- Resolution 116, further proceedings on for staying around to answer a few ance’’ the amendment offered by the gen- Line 17, insert: questions on his amendment. I just tleman from California [Mr. CAMPBELL] ‘‘(D) ‘Substantive Patent Office action’ want to ask a couple of questions. Let will be postponed. means an action by the patent office relating me walk through this thing and make Mr. COBLE. Mr. Chairman, I move to to the patentability of the material of the sure I get the right and accurate pic- strike the last word to engage in a col- application (not including an action to separate a patent application into parts), unless ture of what his amendment does. loquy with my friend from California This has to do with prior use of a cer- the patent applicant demonstrates under [Mr. CAMPBELL], a brief colloquy, if the procedures to be established by the patent tain technology, and that means pre- gentleman is willing. sumably, if one has a company that has office that the office action in question was Mr. Chairman, the gentleman and I sought in greater part for a purpose other been using technology, let us say they talked about this in the back of the than to achieve a delay in the date of publi- have kept it as a trade secret so other room earlier, and as best I recall, the cation of the application. Such Patent Office people do not know what it is, and they gentleman was in agreement, but he decision shall not be appealable, or subject end up obtaining a patent for that par- may not be able to bind others. to the Administrative Procedures Act.’’ ticular technology, that the prior user, I think our colleagues have heard Mr. CAMPBELL. Mr. Chairman, this the corporation, can continue to use about enough of H.R. 400. Would the is the last amendment I will offer. It the technology without having to pay. gentleman be willing, and it would be deals with the publication issue. But if they expand their activity be- unanimous consent, to terminate all For our colleagues who have not fol- yond the scope that existed at the time debate on this matter at 5 o’clock lowed the debate on the floor, I would the patent issued for the inventor over today? simply observe that the first amend- here, then they have to pay for the Mr. CAMPBELL. Mr. Chairman, will ment I offered was not on this subject; delta, the difference between their the gentleman yield? it dealt with prior commercial use. present activity and their expanded ac- Mr. COBLE. I yield to the gentleman This does. This is the soul of a com- tivity, using what is now patented from California [Mr. CAMPBELL]. promise that I thought made sense. technology. Mr. CAMPBELL. Mr. Chairman, I I will point out that it deals with the Is that an accurate description? speak only for myself. I have consulted obligation to disclose before a patent is H1724 CONGRESSIONAL RECORD — HOUSE April 23, 1997 actually granted. Everyone who fol- game it without getting two patent ac- nesses in H.R. 400. I repeat, we offer lowed the debate last week is familiar tions. that to small businesses in our bill. with the argument, pro and con, but I, Let me take a moment and explain But the gentleman from California in good faith, tried to work out a com- what a patent action is. For example, [Mr. CAMPBELL] would expand that to promise, and we were close, but it was somebody would go in and ask for a all applicants, including big business, not eventually successful. I believe it continuation; the Patent Office is without granting the inventor a 3- is the right way to go, though. Here is ready to make your decision and give month grace period before publication. what I am suggesting. you a patent, but I, the patent appli- This will remove one of the benefits of The whole argument in favor of dis- cant, say: Take your time, please delay publishing applications in the United closure offered by the supporters of the it a little more. Please consider the States, the early availability of foreign bill is that there is a submarine patent prior use that might have been alleged, origin applications in the United problem. Some patent applicants will for example. Please consider that this States in our language, in the English keep their application secret, just patent has more than one possible pat- language. below the surface for a while, and then entable idea in it, for example. Title II of H.R. 400 requires publica- ask for a continuation, ask for a delay, All of those requests could, of course, tion of foreign origin applications and then wait for somebody else to be done innocently, but I am suggest- within about 6 months after filing in take their idea and turn it into a coming that they are sufficient for us to the United States. That means we see mercial product; and when they do, say the risk of the submariner is there. their technology 1 year before any of then they rise, like a submarine, and In conclusion, I put to my colleagues, ours is published and protected in the fire their torpedoes of litigation. I un- if the patent applicant has not even United States. The amendment offered derstand that argument. It has valid- gotten two Patent Office actions, how by the gentleman from California ity, in part. can this patent applicant be engaged in delays the publication of foreign origin So what I suggest is, let us require a subterfuge, an attempt to engage in applications for a year after the date disclosure for some, but by requiring or an attempt to do a submarine num- they would otherwise be published in disclosure for all, we run all the risks ber? It is really practically impossible. the United States under H.R. 400. Let that we talked about last week. There That is not how it is done. So rather us not take away that benefit. are good-faith people who are not try- than force the world to disclose, please, Moreover, the Campbell amendment ing this submarine strategy who want just go after the wrongdoers, and even would delay the publication of applica- to try to get a patent, but when they so, I am sweeping broadly. tions by U.S. businesses who are also are told they are not likely to, they That is what I offer. I appreciate the filing abroad, where their applications then want to take their idea to a com- attention of my colleagues. are already published 18 months after pany and say, ‘‘I have a trade secret, Mr. COBLE. Mr. Chairman, I rise in filing in the United States. Delayed are you interested in a trade secret?’’ opposition to the amendment offered publication of these applications that But after the bill passes, if it does by my friend, the gentleman from Cali- are also filed abroad deprives American today and becomes law, if the other fornia [Mr. CAMPBELL]. inventors of easy access to the same. body passes it and the President signs Mr. Chairman, I say to the gen- Whichever way it is read, the amend- it, well, then, it is gone, because they tleman from California, I have referred ment offered by the gentleman from have already disclosed their secret. to him on many occasions as one of the California, it seems to me, favors for- So let us solve the problem of the most learned, if not the most learned, eign applicants over U.S. applicants submarine patent but not cause every- Member of this august body, and per- and effectively guts the protections body to have to disclose. That is the haps I was presumptuous when I ac- and benefits offered in H.R. 400. element of my compromise. cused him of committing infirmities of Vote no on the Campbell amendment. So how do we determine who ought clarity. The gentleman might remind Ms. LOFGREN. Mr. Chairman, will to disclose? Here is the part that I me that it was my inability to inter- the gentleman yield? offer, and I think it is a generous offer. pret. But it appeared to me to be an in- Mr. COBLE. I yield to the gentle- If this is acceptable to the majority of firmity of clarity, nothing personal woman from California. Members, we will have improved this meant by that. Ms. LOFGREN. Mr. Chairman, I bill. It says, look, I have one pretty The amendment submitted by my would just like to note that the rank- good signal. If one has had two actions friend, the gentleman from California, ing member concurs in the analysis in the Patent Office, one is possibly in- Mr. Chairman, can be interpreted to re- that the chairman of the subcommittee volved in gaming the system. Let me quire the PTO, Patent and Trademark has just outlined. emphasize ‘‘possibly,’’ because there Office, to complete two substantive of- Mr. GOODLATTE. Mr. Chairman, I are a lot of innocent people who have fice actions in every application filed move to strike the last word, and I rise two actions in the Patent Office. In- and still publish all applications in 18 in opposition to the amendment offered deed, I am informed by some of my re- months. by the gentleman from California [Mr. search universities that three or four The PTO is simply not able to com- CAMPBELL]. Office actions are needed before they ply with such a requirement at this Mr. Chairman, I think the debate are absolutely sure. time with their existing resources. here has been wrongly focused on the I am being as generous as I can to try This solution would force the PTO to whole idea that somehow the patent to seek compromise, and I am saying, ask Congress for a fee increase, which system operates to protect the work of disclose if you are in the Patent Office comes, guess where, out of the inven- inventors through secrecy. That is not and you get two patent actions. That tor’s pockets. It could also affect the the case at all. We protect the work of tells me that gaming the system is quality of patent examinations, caus- inventors through secrecy by using a afoot, maybe. ing more examiners to make mistakes trade secret process. through hurried examinations, and Patents operate just the opposite. We b 1500 therefore exposing inventors to more protect the rights of American inven- This amendment says disclose only if court challenges, which can cost mil- tors through our patent system when we are convinced that you might be a lions of dollars. That does not propel the patent is issued today by telling submariner. I think it is a very gener- innovation, it seems to me. the whole world that that particular ous exception, but it does not require The second interpretation of the gen- individual is the first to patent that everyone to disclose. So the innocent tleman’s amendment could be to delay item. That is the protection they get, patent applicant who does everything the publication of all applications until by publishing the work, by publishing he or she can and just does not get the the second substantive office action de- the discovery of the invention. patent by 18 months can continue to termining the patentability of an in- That is exactly what we are trying to try to get the patent without suffering vention. If this interpretation holds improve in this process by publishing the consequence that it is disclosed to true, the gentleman from California after 18 months. We are, if we simply the world. The person who is attempt- proposes to expand the choice over pub- look at this debate from the standpoint ing to game the system really cannot lication offered only to small busi- of how many of these can we continue April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1725 to not publish, overlooking the fact gentleman from North Carolina [Mr. States agreed to is exactly what the that we are, in point of fact, having the COBLE] correctly pointed out, it simply proponents of H.R. 400 are trying to get opportunity to improve our system and changes the nature of the gaming. If us to pass here. Essentially it says that improve the protection on those inven- somebody wants to force publication of our Government had to come back to tors through publication. somebody else’s patent, then they go the United States after agreeing to this The gentleman from North Carolina through the process of having a patent and agree to introduce legislation to has rightly pointed out that if we do controversy in the Patent Office. The amend the U.S. patent laws to change not change our system, the fact that 75 result is that there is a new way of the term of patents from 17 years from percent of all the patents filed in the gaming our system. the date of grant of a patent, which has United States are published after 18 That has not improved the system, been our current law now, for an inven- months because they are also filed in that has simply changed the way that tion to 20 years from the date of filing, Japan, in Germany, in France, and lawyers and those who want to game which is the change that the pro- other places around the world, in the the system and take advantage of it, ponents of H.R. 400 obviously want. languages of those countries, in Japa- who do not want to bring a new idea to What did we get for this; for chang- nese, in German, in French, so inven- market, who do not want to get the ing, turning upside down the system tors in those countries, the little guys, capital to put an idea on the line but that has created 10 times more inven- have the opportunity to see in their rather want to take advantage of some- tions, better inventions, intellectual own language exactly what everybody body else, they will still be able to do property breakthroughs, than any else in this process is doing. The small it under the gentleman’s amendment. other country in the world? What we inventor, the major business, anybody Mr. Chairman, I urge opposition to got was an agreement from the Japan in the United States, does not have the amendment and support of H.R. 400, Patent Office that says the following; that opportunity under our system be- which will truly improve the system that they would permit foreign nation- cause we do not publish. not only for all American business but als to file patent applications in the Of all the patents filed in the United most especially for the little guy. English language, with a translation in States, 45 percent are filed by foreign Ms. KAPTUR. Mr. Chairman, I move Japanese to follow within 2 months. inventors. We do not get the oppor- to strike the requisite number of So what we agreed to was to turn the tunity to see what they are doing in words. entire system that drives job creation this country because it is not published I listen to this discussion about why in this country and has created the in English for our inventors to see. If we have to do things in this country to standard of living in this society, and we adopt this amendment, we are going benefit foreign inventors, Mr. Chair- what we get is a little teeny, weeny to miss out on what is a major reform man, and I think they should be agreement from Japan that they are in our patent law that improves the helped, but not at the expense of our going to agree to translate the patents conditions, does not harm the condi- own people. The truth is that if our that are filed into their own language. tions for the small inventor. country has 10 times as many intellec- Mr. Chairman, it seems to me there The second thing that is harmful for tual breakthroughs as any other coun- is something very uneven about this the small inventor in our current proc- try in the world, why do we want to playing field, and for those Members ess is the amount of time it takes that conform our system to countries that that were not a party to these negotia- small inventor to get capital to get are not working as well as ours? tions, if the staffs have not informed their product on the market. A major The gentleman from Virginia said the Members of what is going on here, business does not have that problem. something about that our inventors let me tell them, we are talking about They have the capital. They are ready need to see all this information from a wholesale gutting of the patent laws to go with their product, whether they other places, but they are not clamor- that have protected the intellectual have a patent issued or not. But the ing for this. We have more inventors in property of our inventors. This has not little guy has the problem of not being our part of America, and we are the been talked about much in the debate. able to get that capital. State of Thomas Alva Edison. They are Our system is completely different Quite to the contrary of the criticism not asking for this to be done. What than these other countries, but what is of this legislation by the opponents, they are asking for is their property wrong with our current system? Why is the experience in Europe and other rights be protected, and that their in- it so bad? Have these Members’ inven- places around the world is that when ventions not be opened up to snooping tors actually been beating their doors you publish after 18 months, the entre- in the 18-month window that the gen- down and asking for changes? The only preneurial investor will be willing to tleman is talking about, there, that changes my inventors back home have put the money behind your invention after that they can take a look; for been asking for is to make the mainte- sooner because you are being pub- whichever country in the world or nance fees more easily payable for lished, and not only are you being pub- whichever inventor in the world wants them. They are getting too high for the lished, and this is the critical element, to take a look at that, and really have small people, for the small people. everybody else in the patent process is special privilege over that intellectual What H.R. 400 does is opens up the being published as well, so that entre- property, which has never been granted possibilities of litigation to the small preneurial investor has the oppor- by this country before. people, which are the people that are tunity to know that you are the first If we talk about what other countries creating the new jobs in this country, one out of the box because you are the do, if you file a patent in Germany or making life much more difficult for first one being published. one in Japan, you do not file the kind them, and we get almost nothing for it. If there is anybody else out there of detailed patent that you do in this I would hope that one of the pro- with a competing patent idea, that if country. We require so much more of ponents of the legislation could explain they put their money behind you and our inventors. What is interesting, I to me how this is an evenhanded deal somehow somebody else is going to get just have to put this in the RECORD, for the United States, that they are out that patent, they now have the oppor- and I am going to ask unanimous con- here. I would hope the gentleman from tunity to know that you are the one sent that it be placed in the RECORD, Virginia [Mr. GOODLATTE] would re- because you are the first one out of the what is driving this entire debate, the spond. box with that publication. amendments, the base bill, is this Mr. GOODLATTE. Mr. Chairman, The experience in Europe and other agreement that our government got it- will the gentlewoman yield? places has been that the entrepreneurs self locked into back in January 1994 Ms. KAPTUR. I yield to the gen- put the money behind that little inven- called a mutual understanding between tleman from Virginia. tor sooner, get their product to market the Japanese Patent Office and the Mr. GOODLATTE. Mr. Chairman, in sooner as a result of having that publi- United States Patent and Trademark responding to the gentlewoman’s com- cation. Office. ments earlier where she said we were Finally, the amendment offered by Mr. Chairman, this is not something helping foreign inventors, quite the op- the gentleman from California does not that is not significant. This is very sig- posite. Foreign inventors are helped eliminate gaming of the system. As the nificant, because what the United right now under the current laws of H1726 CONGRESSIONAL RECORD — HOUSE April 23, 1997 their countries that publish the 75 per- BRUCE A. LEHMAN, cil, the Small Business Technology Co- cent of all patents filed in the U.S. Pat- Assistant Secretary of alition, the National Association for ent Office that are also filed in other Commerce and Com- the Self-Employed, the National Pat- countries. missioner of Patents ent Association, National Small Busi- and Trademarks, The CHAIRMAN. The time of the United States Patent ness United. If your idea is so good, gentlewoman from Ohio [Ms. KAPTUR] and Trademark Of- then why are the small guys who can- has expired. fice. not afford suits on the international (By unanimous consent, Ms. KAPTUR The CHAIRMAN. The time of the scene, why are they opposing the bill? was allowed to proceed for 1 additional gentlewoman from Ohio [Ms. KAPTUR] Mr. ROHRABACHER. Mr. Chairman, minute.) has again expired. I move to strike the requisite number b 1515 (On request of Mr. GOODLATTE, and of words. by unanimous consent, Ms. KAPTUR Mr. Chairman, the gentlewoman’s Ms. KAPTUR. As I mentioned to the was allowed to proceed for 1 additional points were right on target. I hope my gentleman, when you file in Europe or minute.) colleagues who are following this de- you file in Japan, you file a generic Mr. GOODLATTE. Mr. Chairman, if bate in their offices and those people patent. You do not file the kind of de- the gentlewoman will continue to following on C–SPAN and those people tailed patent that you do in this coun- yield, 45 percent of the patents that are reading the CONGRESSIONAL RECORD try. We have a different kind of patent filed in the U.S. Patent Office are filed will note that throughout the debate system, and the proof is in the pudding. by foreign inventors, and we do not we have made reference to a subterra- Look at this country compared to the have the opportunity to see in the Eng- nean agreement with Japan and have places that we are competing with. lish language what is published by indicated that what we see here today So it seems to me that we should be those folks. we believe is nothing more than an at- about the task of saying, if we have Second, no one has addressed the tempt to implement this agreement, created a good system, how do we whole point that we have made that subterranean, hushed-up agreement make the system here function better these inventors get the capital to bring with the Japanese to harmonize our for our people rather than getting our- their product to market sooner, when law, make our law like theirs. And you selves into a position where we are ar- you publish sooner, so that entre- will notice that that has never been ad- guing to rubberstamp an agreement preneurs who invest know sooner that dressed, nothing has been addressed by that is going to harmonize the United this is the investment they should put the other side of this debate to that States with countries whose systems their money behind because that is the charge. We make it over and over and are flat, who commercialize the inven- person who is going to be getting the over again. And I would like the gen- tions made here, and we will disadvan- patent. tleman from Virginia [Mr. GOODLATTE] tage our own people by getting them Ms. KAPTUR. Reclaiming my time, to come forward now if he would like caught up in all types of litigation. Mr. Chairman, nobody is complaining to have a colloquy and deny that this Why are we making it harder for the about the current system. People like has something to do with implement- people of the United States to protect the protection attendant with the curing this secret agreement with Japan. their intellectual property? rent system. Inventors are not break- Mr. Chairman, I thank the gentleman Mr. Chairman, I submit this for in- ing our doors down and coming from Virginia [Mr. GOODLATTE]. clusion in the RECORD. through the windows asking for these Ms. KAPTUR. Mr. Chairman, will the MUTUAL UNDERSTANDING BETWEEN THE JAPA- changes. There are a few multinational gentleman yield? NESE PATENT OFFICE AND THE UNITED corporations that want to do a little Mr. ROHRABACHER. I yield to the STATES PATENT AND TRADEMARK OFFICE snooping. And they are famous for buy- gentlewoman from Ohio. Actions to be taken by Japan: ing out inventions of inventors in this Ms. KAPTUR. Mr. Chairman, I note 1. By July 1, 1995, the Japanese Patent Of- country. You know how the current that none of the proponents of H.R. 400 fice (JPO) will permit foreign nationals to system works. Why would you want to are willing to stand up and explain file patent applications in the English lan- advocate for them rather than the vast about this agreement with Japan and guage, with a translation into Japanese to majority of inventors who want to how that is driving this debate and follow within two months. what is the relationship between that 2. Prior to the grant of a patent, the JPO have their rights protected. will permit the correction of translation er- The CHAIRMAN. The time of the and these. rors up to the time allowed for the reply to gentlewoman from Ohio [Ms. KAPTUR] Mr. ROHRABACHER. Mr. Chairman, the first substantive communication from has again expired. I would challenge Members on the the JPO. (On request of Mr. GOODLATTE, and other side of this debate to spend their 3. After the grant of a patent, the JPO will by unanimous consent, Ms. KAPTUR time and their 5 minutes explaining to permit the correction of translation errors was allowed to proceed for 1 additional the American people why what they to the extent that the correction does not minute.) are proposing directly parallels a se- substantially extend the scope of protection. Mr. GOODLATTE. Mr. Chairman, if cret agreement that we have made 4. Appropriate fees may be charged by the with Japan. They will have time on JPO for the above procedure. the gentlewoman will continue to Actions to be taken by the U.S.: yield, the fact of the matter is we are their side to answer that. 1. By June 1, 1994, the United States Patent advocating for the little inventor by The fact is that the driving force be- and Trademark Office (USPTO) will intro- pointing out the advantages of the sys- hind this, whether or not the members duce legislation to amend U.S. patent law to tem that we have elsewhere in the of the committee are themselves com- change the term of patents from 17 years world that benefits them. We have seen mitted to this agreement, the driving from the date of grant of a patent for an in- how it benefits them. It will benefit force behind this has been to fulfill this vention to 20 years from the date of filing of them here as well. agreement. How can you tell? Because the first complete application. I have had many small inventors who there were two avenues to this agree- 2. The legislation that the USPTO will introduce shall take effect six months from the have contacted me in support of this ment in harmonizing our law with date of enactment and shall apply to all ap- legislation and, yes, I have had some of Japan. There were two major factors plications filed in the United States there- those multinational corporations you that made American law different than after. talk about. They file an awful lot of the Japanese law. 3. Paragraph 2 requires that the term of all patents as well and they want their No. 1 was we had a guaranteed patent continuing applications (continuations, con- patents protected under our system as term, a guaranteed patent term which tinuations-in-part and divisionals), filed six well. That is exactly why we need to meant no matter how long it takes you months after enactment of the above legisla- pass this legislation, to help both. to get your patent issued, at the end of tion, be counted from the filing date of the Ms. KAPTUR. Mr. Chairman, if what that time period, would be guaranteed earliest-filed of any applications invoked under 35 U.S.C. 120. the gentleman says is true, then why 17 years of patent protection and, No. WATARU ASOU, are all the small business groups of the 2, the other aspect of American Commissioner, Japa- United States opposed to his proposal: patent law, since the founding of our nese Patent Office. the Small Business Legislative Coun- country, was that there was April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1727 a right of confidentiality. The inventor Mr. FRANK of Massachusetts. Mr. ests may have different views. There is had a right, when he applied for a pat- Chairman, I move to strike the req- room for legitimate intellectual debate ent, that that would be kept secret uisite number of words. here. and, yes, secret really meant some- I note, I thought it was rather an odd I and others have had some dif- thing to those people and has meant a orchestration when my friend from ferences with the bill. H.R. 400 today is lot to our technological edge through- Ohio challenged anybody to stand up a different bill than it was before. out the years. They had a right to that and respond, and her colleague from There are some close questions. Some until the patent was issued. California then refused to allow anyone of the questions the gentleman from This legislation goes in exactly the to do it. I think we should notice that California [Mr. CAMPBELL] raised about opposite direction, changes the fun- there was a certain reason why no one prior use, I had hoped to work with damental rules of the game to cor- stood up to respond. The gentlewoman him further. But this is not some con- respond with this agreement to har- from Ohio, she said, why does not spiracy. monize our law with Japan. This is ab- someone respond? And the answer was, There was not a secret agreement solutely, the American people should the gentleman from California would signed in some tunnel in Tokyo. The understand that what we are doing is not let them. gentleman from California is refuting trading a strong system of protection Mr. Chairman, I yield to the gen- me on a secret agreement by waving that gave us the leverage on all our tleman from Virginia [Mr. GOODLATTE]. that secret around. I have to say, it is competitors in the world, gave us our Mr. GOODLATTE. Mr. Chairman, I a pretty poor secret that falls into the own national security because we had thank the gentleman for yielding to hands of the gentleman from Califor- the edge technologically on our adver- me. nia. It is not a secret. There is a discus- saries, we are now changing that to a I just want to make the point that sion of policy. We are making these weak system. And where will that the so-called agreement that the gen- changes. Some of us make changes in weak system take America? tleman refers to is not something that this bill without checking with any- I would beg to disagree with my es- has been honored in any way, shape, or body else. And the unwillingness to de- teemed colleague, the gentleman from form by this Congress or by the Com- bate the issue on the merits but to in- Illinois [Mr. HYDE]. I believe there are mittee on the Judiciary that comes voke these kinds of conspiracy theo- people who are out to destroy us eco- forward with this legislation. ries, I think ill-serves the policy- nomically. I believe there are other We are a first to invent Nation, not a making process. countries in the world and other forces first to file Nation. That is what they Ms. LOFGREN. Mr. Chairman, will at play in the world that would like want to have. We have always had a the gentleman yield? Mr. FRANK of Massachusetts. I yield very much to destroy America’s eco- number of very significant differences to the gentlewoman from California. in our patent system. nomic prosperity and to put all of Ms. LOFGREN. Mr. Chairman, I All we are doing is saying that these those billions of dollars in their pock- think that the secret source for uncov- are things that help us in this country, et. I am assuming that they are adver- ering this secret agreement has been and we want to modify our system to saries. I am assuming that our Govern- found. It is the Commerce News Press engage small inventors and large in- ment should be doing everything we Release for immediate release. It is can to strengthen the rights of the ventors in having the opportunity to 1994. The headline is, ‘‘American Inven- American people to thwart those ad- receive the benefits of publication. tors Promised Swifter, Stronger Intel- versaries overseas that would steal This is not a battle over trade secrets. lectual Property Protection by Japan.‘‘ their technology. There is a mechanism to protect trade Mr. FRANK of Massachusetts. Mr. This bill, H.R. 400, I implore my col- secrets for anyone who wants to take Chairman, reclaiming my time, this is leagues, please vote against this mon- advantage of it. Patents are protected very sneaky. Not only is the Commerce strous threat to American security and by broadcasting to the whole world Department signing secret agreements, prosperity. Please remember that all that an individual has the first to in- but they are then publicizing their se- the inventors organizations, research vent, and we should protect that by ad- cret agreements to throw people off the departments at our major universities, vancing publication where it helps. track of the fact that they had a secret all the Nobel laureates that have been Ms. KAPTUR. Mr. Chairman, will the agreement. I think that is an under- cited on this floor are begging us not to gentleman yield? handedness that we ought to put an pass this bill. It will not in any way Mr. FRANK of Massachusetts. I yield end to. improve a situation that could not be to the gentlewoman from Ohio. Ms. KAPTUR. Mr. Chairman, will the improved with smaller type improve- Ms. KAPTUR. Mr. Chairman, if the gentleman yield? ments and reforms. We do not need to gentleman from Virginia’s statement is Mr. FRANK of Massachusetts. I yield destroy the fundamentals of the sys- correct, then why does H.R. 400 embody to the gentlewoman from Ohio. tem to reform and make our system the Japanese agreement? Ms. KAPTUR. Mr. Chairman, I did better. Mr. FRANK of Massachusetts. Mr. not use that term. This is the equivalent, this bill, of Chairman, let me respond now. First of Mr. FRANK of Massachusetts. Mr. cutting off our leg in order to cure a all, I want to congratulate my friend Chairman, I understand that. I realize hangnail. If your doctor says, I am from California. I did not realize he had the gentlewoman did not say that. sorry, we have to change the fun- such good intelligence sources, because That is why I did not say she said it. It damental makeup of your body in order he has been waving around a secret was the gentleman from California. to cure that hangnail and we are going agreement. The gentleman from California has to cut your leg off, go to another doc- My reaction was to wonder, if it was been waving this around talking about tor. a secret, where he got it. And I do not a secret agreement. My friend from Please, let us not harmonize our law want to force him to reveal his sources, California over here has just pointed with Japan. God bless the gentleman but apparently the gentleman from out that this secret agreement was an- from Virginia [Mr. GOODLATTE]. Yes, it California has some tentacles into the nounced. I think we are entitled to has worked maybe one way in Europe, intelligence networks of either Amer- point out that this was not such a big but how this system has worked, 18 ica or Japan, because he is privy to se- secret and that notion I will stress for months with publication, how has it cret agreements. Frankly I did not this reason. Sure there is reason to de- worked in Japan? The economic sho- think it was that much of a secret, and bate this. I have agreed with some of guns, the people, the elite of Japan the fact that the gentleman had it did the points Mr. ROHRABACHER made, and have beaten down their people in sub- not surprise me. But when he waved it I have supported some amendments to mission every time they have raised around as a secret agreement, I was lit- move it more in his direction, but to their head. The Japanese do not invent tle bit puzzled. denounce it in these terms, to talk anything because when an inventor ap- I just want to totally disagree with about secret agreements and to invoke plies for a patent in Japan, he is beaten the conspiracy theory here. This is a conspiracies of people to be beholden to down and his invention is stolen. They difficult subject in some regards. Peo- foreign powers to undermine American will do that to us, too. ple who have different economic inter- economics is just not a good idea. H1728 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Ms. KAPTUR. Mr. Chairman, if the I want to read a paragraph from a invention, he runs into Mitsubishi’s or gentleman will continue to yield, does gentleman who is a patent lawyer, con- Toshiba’s patent or some other large the gentleman deny that the content of sidered to be an authority on patents. I company. that agreement is now the driving think it is a very excellent summary of There is a reason why we have 175 mainline inside of H.R. 400? The roll- the problem with early publication. He Nobel laureates in the United States in back? says: science and technology, many of whom, The CHAIRMAN. The time of the Moreover, if early stage inventions of as we have discussed on the floor, the gentleman from Massachusetts [Mr. start-ups, small businesses and individual in- inventor of the MRI, the inventor of FRANK] has expired. ventors are prematurely disclosed, the (By unanimous consent, Mr. FRANK of innovators will quickly lose any advantage the pacemaker, and many others who Massachusetts was allowed to proceed or headstart to establish financially stronger oppose this bill and support the for 30 additional seconds.) imitators. Unless start-up businesses can get Rohrabacher substitute, our inventors Mr. FRANK of Massachusetts. Yes, I a strong foothold in the marketplace before are afraid of early publication and they deny it, Mr. Chairman. I will tell the infringers appear so that they can afford to do not want to see it. gentlewoman this, I have been working assert their patent rights, these rights be- So I would support the enlargement come virtually worthless. on this bill. I was originally a cospon- of the publication protection that is He concludes by saying this, and this sor of Mr. ROHRABACHER’s bill. We manifested in the amendment offered goes right to the gentleman’s point, he made some changes. I have met with by the gentleman from California [Mr. says, ‘‘These are two major reasons people in biotech. I have met with peo- CAMPBELL]. ple in universities, big inventors and that Japan and Europe have virtually no high-technology start-up busi- Mr. ROHRABACHER. Mr. Chairman, small inventors. I have proposed some will the gentleman yield? changes. I did not even read the secret nesses.’’ agreement. That agreement may not be Now, I think we should all be pro- Mr. HUNTER. I yield to the gen- a secret from a lot of people, but it was ceeding from the same page with re- tleman from California. secret from me. So I absolutely deny spect to the facts. As I understand it, Mr. ROHRABACHER. Mr. Chairman, that in my work on this bill, guided as and the reason I have this graph up just a question of the gentleman. He it has been by conversations with here is because this is a factual graph. mentioned patent flooding, a practice Americans, that I was in fact the hid- It shows that the United States has 175 that happens in Japan, where the big den puppet of the emperor of Japan. Nobel laureates in science and tech- guys surround the little guys and beat Mr. GOODLATTE. Mr. Chairman, nology; Japan has only five and that them down trying to steal their intel- will the gentleman yield? may be instructive to us here. The in- lectual property rights. Mr. FRANK of Massachusetts. I yield formation I have is that there are al- to the gentleman from Virginia. most no high-technology start-up com- If we change our laws exactly like The CHAIRMAN. The time of the panies. Japan’s, to make it just like Japan’s, gentleman from Massachusetts [Mr. That is the lifeblood of the American which is harmonizing our law, which is FRANK] has again expired. economy. But in Europe and Japan the secret agreement, and I say secret (On request of Mr. GOODLATTE, and there are almost no high-technology agreement because I did not know any- by unanimous consent, Mr. FRANK of start-up companies, and it is because thing about it as a Member of Con- Massachusetts was allowed to proceed these little companies need running gress. I was a Member of Congress at for 1 additional minute.) room. They need to be able to go out this time. Probably 1 out of 100 Mem- b 1530 before they get a patent and start lin- bers of Congress knew anything about Mr. GOODLATTE. Mr. Chairman, if ing money up. this agreement with Japan. the gentleman will continue to yield, I Early publication, according to these But if we harmonize our law with want to make the point if this is some inventors that are here, and I am Japan, will that not mean that these conspiracy that came up within the quoting one of their letters, early pub- same Japanese companies can come last 2 years, it is interesting that U.S. lication will ‘‘kill us.’’ They will lose here and do in the United States to our patent commissioners have been seek- the one thing that they have, the se- little guys what they are doing to their ing this change. U.S. patent commis- crecy; the one thing they can offer, the people in Japan? sioners of both political parties have confidentiality to an investor to get Mr. HUNTER. Mr. Chairman, re- been seeking this change for 20 years. him or her to invest money in their claiming my time, I would say to the The Nixon administration, the Ford ad- particular operation. gentleman that that is absolutely So unless the gentleman from Vir- ministration, the Reagan administra- right. And the other thing is there are ginia [Mr. GOODLATTE] has information tion, the Bush administration all big companies that are infringers that, to the contrary, my information is sought these changes long before there if they had the opportunity, would that there are almost no high-tech- was any so-called secret agreement. flood patent around a small entre- nology start-up businesses in Japan Mr. FRANK of Massachusetts. Mr. preneur. Chairman, reclaiming my time, what and Europe, and that is because those we finally should do is to give credit to countries are production heavy. They The CHAIRMAN. The time of the the literary hand that runs us all. are not idea heavy, they are production gentleman from California [Mr. HUN- Clearly this was motivated by the pur- heavy. We have the innovators, we TER] has expired. loined letter, where the way to hide it have the creators of ideas, and our peo- (By unanimous consent, Mr. HUNTER was to leave it out in public, because, ple need that protection. was allowed to proceed for 1 additional apparently, the Commerce Department Japanese businesses and European minute.) stands accused of having signed a se- businesses, perhaps legitimately, want Mr. HUNTER. Mr. Chairman, I guess cret agreement to govern us all and to aid their industrial base. And the my point is this. We need to get some then nefariously publishing that secret way they aid their industrial base is by running room, some momentum, the agreement to cover their tracks. getting American ideas into the assem- opportunity to go out and line up in- Mr. HUNTER. Mr. Chairman, I move bly line quickly and cheaply, and they vestors before the patent is issued. to strike the requisite number of can do that with early publication. words. Now, according to the same analyst, The point that is made by this patent Mr. Chairman, I wanted to speak just the reason there are not a lot of high- analyst is very good. He said unless for a minute because the gentleman technology start-ups in Japan is be- startup businesses can get a strong from Virginia [Mr. GOODLATTE] made cause once a little inventor comes out foothold in the marketplace before in- several points about the European and with an idea, and it is not protected by fringers appear so that they can afford the Japanese system and how they patent when he has to publish early, he to assert their rights, that means hire have a large number of high-tech- is immediately flood patented. That lawyers, these rights will become vir- nology start-ups. I think that goes means that people patent around him tually worthless. right to the essence of this publication by making very incremental changes in It is very easy to spend a lot of requirement in the amendment of the his idea, so that if he varies the slight- money on lawyers early in the process. gentleman from California [Mr. CAMP- est to the left or right from this little This early publication takes away BELL]. alley that has been left for him and his their running room and their ability to April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1729 get a foothold in the investment com- I think if one looks at the nature of a big guy like the Intels, that it is in munity and ultimately in the market- patent law, and, actually, I have had protecting their interests vis-a-vis our place. That is the problem with early occasion to get a copy of the Japanese foreign competitors that our future publication. patent law and compare it to United lies. So I strongly endorse Mr. CAMPBELL’s States patent and copyright laws, and Mr. Chairman, at this point we have amendment that to some degree en- almost word for word patent applicants had a very long discussion on this mat- larges publication avoidance rights. in Japan are required to do what pat- ter, and I do not want to unduly pro- Mr. ROHRABACHER. Mr. Chairman, ent applicants in the United States and long it. I would just note that for those if the gentleman will continue to yield, the European Union are required to do. that are concerned about the memo- one other correction to the statement Mr. Chairman, I submit for the randum entered into in 1994 between made by the gentleman from Virginia. RECORD a copy of comparison between Commissioner Lehman and his coun- He stated the Reagan administration the Japanese, the United States, and terpart in Japan, it was, unfortunately sought these changes. European Community patent law. or not, depending on one’s point of The CHAIRMAN. The time of the JAPANESE LAW view, reached quite some time ago by gentleman from California [Mr. HUN- (4) The detailed explanation of the inven- the United States, and it is very clear TER] has again expired. tion under preceeding subsection (iii) shall that H.R. 400 is not really what was en- (By unanimous consent, Mr. HUNTER state the invention, as provided for in an or- visioned by the agreement although as was allowed to proceed for 30 addi- dinance of the Ministry of International far as I am aware we have gotten the tional seconds.) Trade and Industry, in a manner sufficiently advantage of some of their promises. Mr. HUNTER. Mr. Chairman, I yield clear and complete for the invention to be to the gentleman if he wants to com- Mr. HYDE. Mr. Chairman, I move to carried out by a person having ordinary skill strike the requisite number of words. plete his statement. in the art to which the invention pertains. Mr. ROHRABACHER. Mr. Chairman, (Mr. HYDE asked and was given per- U.S. LAW mission to revise and extend his re- my office has been in contact with § 112 Specification.—The specification Clayton Yeutter about these changes marks.) shall contain a written description of the in- Mr. HYDE. Mr. Chairman, I want to that were mandated. I am sorry to say vention, and of the manner and process of to the gentleman that the Reagan ad- making and using it, in such full, clear, con- direct my remarks to my dear friend, ministration did not support the cise, and exact terms as to enable any person the gentleman from California [Mr. changes that are being sought in H.R. skilled in the art to which it pertains, or HUNTER], who is one of the great con- 400. with which it is most nearly connected, to sumers of venison in this or any other What the gentleman is mistaking is make and use the same, and shall set forth Congress. the heads of the Patent Office, who the best mode contemplated by the inventor I am proud, too, as the gentlewoman of carrying out his invention. were probably working for the Reagan from California [Ms. LOFGREN] stated, administration and other administra- EUROPEAN COMMUNITY of the number of Nobel Prize winners tions, those former heads of the Patent Article 83, Disclosure of the Invention.— in the United States, but I just am un- Office are now living on consulting fees The European patent application must dis- comfortable with that kind of a chart, and retired from the Government, and close the invention in a manner sufficiently because what it seems to be saying is clear and complete for it to be carried out by that Occidentals are smarter than they can take whatever stand that a person skilled in the art. they need to take. Asians. It is kind of a racial bias to say Ms. LOFGREN. Mr. Chairman, I I believe it is important that we talk that some groups, some races, some move to strike the requisite number of about protecting our own people and ethnic clusters are smarter than other words. our own innovators. There has been a people. I do not know what else we can As I have listened here to this very lot of discussion that somehow the big, draw from that. vigorous debate, I have felt some con- bad multinationals are after passage of I went and looked up all the Nobel cern, because I think there is some this bill to the detriment of America. Prize winners in chemistry, physics, confusion that has been created, not Well, the National Venture Capital medicine, and physiology from 1981 to intentionally I am sure. Association members were here last 1995, and, yes, the United States had 57 I generally, do not like agreements week in the Capitol at a meeting, and percent of them, but 43 percent were that are made by any administration the venture capitalists, who fund the foreigners from all over the globe. All when the Congress is not in agreement startups, the little guys that are in the over the globe. with them. I was not a Member of the garages with the great ideas, they are Of course, it is a Swedish prize, given House of Representatives in 1994, when for H.R. 400. They vigorously oppose up in Stockholm by a group of Occiden- this agreement was entered into. I was the amendment defeated last week, and tals, I guess. I would not claim Asiatic happily on the Board of Supervisors of they are for small American innovators bias, and I know they know where Santa Clara County, but I can recall at getting a better chance to be successful Japan is, but I would just hesitate say- the time a very vigorous discussion in in America. ing one group of people are just smart- Silicon Valley that I participated in as I saw the gentleman from Califor- er than another group. a public figure about whether or not nia’s chart about Nobel prize winners I know that just because someone is innovators and inventors believed that in America vis-a-vis other parts of the paranoid does not mean people are not we should change our system to first to world, and it makes me proud that we after them. That could be true. But I file, as opposed to first to invent. And have so many great scientists in our have detected some awfully serious it may not be that every part of the country. I think we all have that pride. Japan bashing here, and I am sur- country has that kind of vigorous spir- We want to make sure that we con- prised, because what we are aiming for ited debate about patent reform but as tinue to have the cutting edge in inno- in H.R. 400 is what the Patent Commis- the gentleman from California [Mr. vation, that we continue to do better sioners of President Ford, President CAMPBELL] is aware, that is the sort of than everyone else in the world. Reagan, President Nixon, President thing that is discussed at home in Whether we agree on all of these Bush all wanted, 18 months publica- Santa Clara County, and there were di- amendments or not, I think as Ameri- tion, which protects the inventor be- vided opinions. I think that for the cans in this Chamber we all agree we cause he has provisional rights as most part people are very satisfied want our country to be successful. We against the world as though he had a with H.R. 400 in Silicon Valley. want to keep that leading edge, be- patent and can enforce it. I wanted to point out that we are not cause we know that the high tech- b attempting to conform American pat- nology, high value-added jobs that are 1545 ent law to Japan’s laws or the Euro- represented by the so-called big, bad But it forces the foreign inventor pean Union. What we are attempting to multinationals, companies I thought who wishes to be protected in our coun- do is to make sure our innovators have were good guys, like Intel, as well as try to get published, too, that 45 per- every protection, that there is an even the little bitty guys that are about to cent of applications from overseas to playing ground, that innovators are be funded by venture capitalists, and be published, too. And in addition, not put at a disadvantage. hopefully fulfill their dream to become those submariners that are cruising H1730 CONGRESSIONAL RECORD — HOUSE April 23, 1997 under the bottom have to surface and gets when he lines up the money, the sion, I have agreed to yield to my col- they cannot seduce other people into investors, and he gets to produce his league from California, and if there are investing money and then finding they product himself instead of trying after others who would like part of that are in the middle of a lawsuit. the fact to get partial payment from a time, please let me know. Ms. LOFGREN. Mr. Chairman, will company that took his invention. I just wanted to follow up a state- the gentleman yield? Mr. GOODLATTE. Mr. Chairman, ment made by the chairman of the Mr. HYDE. I yield to the gentle- will the gentleman yield? committee, and that deals with a por- woman from California. Mr. HYDE. I yield to the gentleman tion of the bill that has not been dis- Ms. LOFGREN. I just thought as a from Virginia. cussed but which I think is extremely Swedish American I should speak as to The CHAIRMAN. The time of the important as we talk about the publi- the Nobel Prize committee and the gentleman from Illinois [Mr. HYDE] has cation at 18 months and the fact that number of Americans who are awarded expired. the Patent Office tells us that cur- Nobel Prizes. (On request of Mr. GOODLATTE, and rently the pendency, average pendency We know from Silicon Valley that by unanimous consent, Mr. HYDE was time for a patent in this country is 21 Americans, and as the chairman has allowed to proceed for 2 additional months. Obviously, more than the 18. referenced, come in all stripes and minutes.) However, under current law, funds in- from every part of the globe originally. Mr. GOODLATTE. I thank the chair- tended for the PTO are being diverted One can walk into any high-tech com- man for yielding. Mr. Chairman, on to other purposes. Last year, $54 mil- pany in the Silicon Valley and it feels that very point the fact of the matter lion in funding for the PTO was di- like being in the United Nations, but is those inventors get the opportunity verted from the PTO to other programs they are all good Americans. Many of to get the capital behind their project, under the budget, and for fiscal year our Nobel Prize winners are originally their invention, sooner with publica- 1998 the President’s proposed budget of Asian descent, and we are proud of tion. Because not only are they pub- will divert $92 million of the user fees them as well. lished but their competition is pub- to other areas of the budget. If the PTO Mr. HYDE. I remember Wernher von lished. So the inventor has the oppor- were allowed to keep those fees which Braun. He had an accent, but he was tunity to say to that entrepreneur, H.R. 400 does allow, the time to process certainly a brilliant scientist. He came that person who is going to put the dol- patents would be reduced dramatically over here. A fellow named Einstein did lars behind him, ‘‘You can put them be- and this whole discussion of whether pretty well. hind me with confidence.’’ publication at 18 months is problem- Mr. HUNTER. Mr. Chairman, will the Right now many inventors are com- atic or not would be made moot. gentleman yield? plaining to the gentleman from Cali- Mr. Chairman, I yield to the gen- Mr. HYDE. I yield to the gentleman fornia [Mr. ROHRABACHER] saying they tleman from California. from California. are worried about the gap between 18 Mr. CAMPBELL. Mr. Chairman, I Mr. HUNTER. I thank my friend for months and whenever they get their want to thank my friend and colleague yielding. patent because they will not be able to from Indiana who is especially gracious Let me just say that the gentleman get the capital during that time. The given that we have parted company on has made my point. My point is not reason they cannot get the capital dur- some issues of this bill. The reason I that there is any ethnic difference being that time is because they do not asked the gentleman to yield is I tween the Nobel Prize winners here and know, the entrepreneur does not know thought it might be useful to talk the ones in Japan. In fact, the gen- that they are the ones who are going to about my amendment on which we will tleman was chuckling at my pro- get it. Under this procedure, they will. have a vote. nunciation of a number of these names But I want to address, if I may, the The bill as it is now written has an because there are not many Smiths and gentleman’s very, very asserted mes- exception. It is a good idea. The bill Joneses on this list. The point is that sage that somehow we are attempting now has an exception for somebody these people from all over the globe to conform our patent laws to the Jap- who is not likely to be a submariner came to America for a reason. The rea- anese, nothing could be further from and who is small. In that case, you do son was they got better property rights the truth, when we take one concept not have to disclose. You do not have protection in terms of intellectual that is held by many, many other to publish. It is a good idea. property than they do in Japan. countries and apply it in this legisla- The way they tell if you are not a Mr. HYDE. They have freedom in this tion to say that somehow we are now submariner is if you have not yet had country. Freedom. harmonizing our patent law with the two Patent Office actions. It is pretty Mr. HUNTER. The point is you have Japanese law. We most certainly are rough justice, but it will do. So my a different system. It is the publication not. amendment says if that is right, if that that kills the early innovator, the en- The United States is a first-to-invent is how you tell who is not a sub- trepreneur. nation. Japan is a first to file. The mariner, then you should not have to Mr. HYDE. Will the gentleman agree United States has immediate examina- disclose whatever size you are. And if that once publication occurs at 18 tion. Japan has deferred examination. you want to give an exemption for months, the average patent is issued at The United States process their pat- small applicants, that is the gentle- 19 months? Would the gentleman agree ents in 20 months, on average. Japan woman from Ohio’s amendment that to that? takes 8 years. We have protections for will be coming up next. Mr. HUNTER. I just got a letter from universities who publish early. There is So if your idea is to help small busi- the Patent and Trademark Office. It no such protection in Japan. And we ness, great, vote for the Kaptur amend- says fully 30 percent of the patents have, as the chairman noted, provi- ment, and if your idea is that if you that are going to be issued are not yet sional rights that give additional pro- have not even had two actions from the issued at 18 months. Will the gen- tection for those inventors. They do Patent Office, you are not gaming the tleman agree with that? not have those rights in Japan. We are system, then you should vote for the Mr. HYDE. What about provisional not following the Japanese here. We Campbell amendment. rights? Does the gentleman agree that are leading the way as we always have I just conclude by noting that that is there is protection called provisional in patent law. the very logic in the exception pro- rights following publication? The in- Mr. PEASE. Mr. Chairman, I move to vided by the bill itself. ventor then says, ‘‘Look, I did this, I strike the requisite number of words. Mr. PEASE. Mr. Chairman, reclaim- invented this’’? Mr. Chairman, last week I learned a ing my time, I do oppose the amend- Mr. HUNTER. Here is my answer to lesson at this microphone about how ment offered by my friend from Cali- the gentleman. My answer is that 2 or quickly 5 minutes pass, particularly fornia. I do believe that the combina- 3 percent of royalties, if you can afford when one is being questioned. But tion of publication with the rights that the lawyer to get them, are no sub- today in hopes to give an opportunity attach at the time of publication and stitute for getting 20 to 30 percent of for those who still have brief comments the funding that would be provided to the action, which is what an inventor to share as we bring this to a conclu- the PTO in order to allow it to advance April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1731 the time that it takes to grant patents a petition, the Commissioner may publish sities, and individual independent in- outright is the best combination for the applicant’s application no earlier than 90 ventors from having their patents pub- protection of all American inventors, days after giving such a notice. lished prior to grant. We do this be- ‘‘(iv) If after the date of the enactment of large or small. this paragraph a continuing application has cause in the base bill the 18-month pub- The CHAIRMAN. The question is on been filed more than 6 months after the date lication would reveal new ideas to the the amendment offered by the gen- of the initial filing of an application, the world technical community before that tleman from California [Mr. CAMP- Commissioner shall notify the applicant inventor had the patent and, frankly, BELL]. under such application. The Commissioner that is an open invitation to stealing, The question was taken; and the shall establish a procedure for an applicant it is an open invitation to copying, and chairman announced that the noes ap- which receives such a notice to demonstrate it places a much greater burden on that the purpose of the continuing applica- peared to have it. tion was for reasons other than to achieve a that inventor, especially when they are Mr. CAMPBELL. Mr. Chairman, I de- delay in the time of publication of the appli- small, to protect their invention. Our mand a recorded vote. cation. If the Commissioner agrees with such amendment also is proposed because we The CHAIRMAN. Pursuant to House a demonstration by the applicant, the Com- want to offer the small inventor some Resolution 116, further proceedings on missioner shall not publish the applicant’s leg to stand on, a fairer system. the amendment offered by the gen- application. If the Commissioner does not Our amendment is also offered be- tleman from California [Mr. CAMPBELL] agree with such a demonstration by the ap- cause we want to make sure that for- will be postponed. plicant or if the applicant does not make an eign corporations and foreign govern- attempt at such a demonstration within a Are there further amendments? reasonable period of time as determined by ments do not have easier access to AMENDMENT OFFERED BY MS. KAPTUR the Commissioner, the Commissioner shall American technology as proposed by Ms. KAPTUR. Mr. Chairman, I offer publish the applicant’s application. small inventors, and we want to pro- an amendment. Page 48, line 22, strike ‘‘(C)’’ and insert tect from this undue litigation that The Clerk read as follows: ‘‘(D)’’. seems to be burdening our system from Page 49, line 16, strike ‘‘(D)’’ and insert one end to the other, and why com- Amendment offered by Ms. KAPTUR: ‘‘(E)’’. Page 48, insert the following after line 21: Page 49, line 17, strike ‘‘(C)’’ and insert plicate it more under the proposed bill? ‘‘(C) An application filed by a small busi- ‘‘(D)’’. I might just point out that in the ness concern entitled to reduced fees under Page 50, line 2, strike ‘‘(C)’’ and insert way the H.R. 400 is currently proposed, section 41(h)(1) of this title, by an individual ‘‘(D)’’. if you end up defending your patent, who is an independent inventor entitled to Strike title V of the bill and redesignate that will not happen in a court of law. reduced fees under such section, or by an in- the succeeding title, and sections thereof, There will not be a jury. There will not stitution of higher education (as defined in and references thereto, accordingly. section 1202 of the Higher Education Act of Amend the table of contents accordingly. be a judge. You will be in the Patent 1965) entitled to reduced fees under such sec- Ms. KAPTUR (during the reading). Office, this new creature, we do not tion 41(h)(1) shall not be published until a Mr. Chairman, I ask unanimous con- know what it is going to look like yet, patent is issued thereon, except upon the resent that the amendment be considered and it is going to take a lot of money quest of applicant, or in any of the following as read and printed in the RECORD. to defend yourself in this new system circumstances: The CHAIRMAN. Is there objection that is being set up and this new entity ‘‘(i) In the case of an application under sec- that is being set up. tion 111(a) for a patent for an invention for to the request of the gentlewoman from Ohio? So our effort is to say, look, OK, for which the applicant intends to file or has those people who want to play that filed an application for a patent in a foreign There was no objection. country, the Commissioner may publish, at Ms. KAPTUR. Mr. Chairman, it is ob- game, let them do it, but for the small the discretion of the Commissioner and by vious that this patent bill has engen- inventors and the small businesses and means determined suitable for the purpose, dered substantial and necessary debate. the university community that do not no more than that data from such applica- That means that there are some un- want to get engaged in that system, tion under section 111(a) which will be made solved problems inherent in the basic give them a level playing field to play or has been made public in such foreign bill. on as well. country. Such a publication shall be made One of the most important issues I might mention that in 1995, the only after the date of the publication in such that we wish to bring up for amend- White House Conference on Small Busi- foreign country and shall be made only if the data is not available, or cannot be made ment today has to do with the treat- ness adopted a recommendation which readily available, in the English language ment of small business as opposed to specifically recommended to Congress through commercial services. big business in the base bill. Our that patent applications remain ‘‘(ii) If the Commissioner determines that amendment would exempt small busi- unpublished until the patent is grant- a patent application which is filed after the ness as defined by the Patent Office ited. That was the White House Con- date of the enactment of this paragraph— self, 500 or fewer employees, based on ference on Small Business, a large ‘‘(I) has been pending more than 5 years the fee schedule that they use to dis- group of people that come in here from from the effective filing date of the applica- tinguish between large and small busi- across the United States. This was an tion, ‘‘(II) has not been previously published by ness. It would exempt small business, important enough issue that they put the Patent and Trademark Office, universities, and individual independ- it on the agenda of the White House ‘‘(III) is not under any appellate review by ent inventors from having their pat- Conference on Small Business. They do the Board of Patent Appeals and Inter- ents published prior to when that pat- have legitimate concerns. We are only ferences, ent is granted. This gets at one of the asking those who have already started ‘‘(IV) is not under interference proceedings major objections of the opponents to to repair H.R. 400 to please consider in accordance with section 135(a), the base bill. this proposal. ‘‘(V) is not under any secrecy order pursu- Our amendment also fixes the sub- We incorporate in the amendment as ant to section 181, ‘‘(VI) is not being diligently pursued by the marine problem, which I will discuss in well important language to deal with applicant in accordance with this title, and a second, but basically it sets up a the submarine patent issue. The ‘‘(VII) is not in abandonment, process that is more fair to get at the amendment adopts the Rohrabacher the Commissioner shall notify the applicant problem of when a patent has not risen language in the substitute that was de- of such determination. out of the depths of the review process, bated last week, and our amendment ‘‘(iii) An applicant which received notice of and, third, it strikes the reexamination lays out specific exceptions for when a a determination described in clause (ii) may, provisions. Because what we do not patent can be published early, perhaps within 30 days of receiving such notice, peti- want to do is to open up more litiga- due to continuous delays, perhaps tion the Commissioner to review the deter- tion for the small inventor that really abandonment, perhaps pending more mination to verify that subclauses (I) does not have the deep pockets of some than 5 years, all of the concerns of the through (VII) are all applicable to the applicant’s application. If the applicant makes of those who very much want to re- proponents. such a petition, the Commissioner shall not ceive some of the benefits in the parts Mr. ROHRABACHER. Mr. Chairman, publish the applicant’s application before of H.R. 400 that we do like. will the gentlewoman yield? the Commissioner’s review of the petition is So our amendment has three parts to Ms. KAPTUR. I yield to the gen- completed. If the applicant does not submit it: It exempts small business, univer- tleman from California. H1732 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Mr. ROHRABACHER. Mr. Chairman, world to submit a request to invalidate about publication. Some people have on this particular point, the antisub- a U.S. patent at any time in its 17-year made publication the devil. Our Con- marine patent language in our bill was life. On this one, the big money will stitution provides the grant of a mo- the strongest language that we could win as these patent fights go. Please nopoly for a limited time in exchange possibly put into the bill. For 2 years I support the Kaptur amendment. Please for sharing one’s secret with the pub- pleaded with the other side of this defend small business, the small inven- lic. That simplifies a definition of the issue, to everyone on the other side, tor and the university community patent law. Today that constitutional please give me the strongest language where so many of our new ideas come exchange is being circumvented by you can possibly give me, I will include from. whom? By patent submariners. it in the bill just so long as it does not Mr. CONYERS. Mr. Chairman, I rise Now here we go again. The gentle- eliminate and end the guaranteed pat- in opposition to the amendment offered woman from Ohio [Ms. KAPTUR] has re- ent term. by the gentlewoman from Ohio [Ms. incarnated Mr. ROHRABACHER’S failed The CHAIRMAN. The time of the KAPTUR]. attempt to allow abuses of the patent gentlewoman from Ohio [Ms. KAPTUR] Mr. Chairman, first of all, I would system. This was defeated last Thurs- has expired. like to establish my credentials of de- day by the House, and I again thank (On request of Mr. ROHRABACHER, and fending small businessmen and work- each of my colleagues who stood tall by unanimous consent, Ms. KAPTUR ing people as much as anybody that is with us, and it ought to be defeated was allowed to proceed for 1 additional on this floor at this moment. That again. This reminds me of the Cary minute.) being said, I want to point out that Grant movie, ‘‘The Pink Submarine.’’ Mr. ROHRABACHER. We pleaded and this is not in the interests of small This is the same submarine, my pleaded. Give us anything that will sat- business. So we have a little bit of a friends, with a new coat of paint. This isfy you that we have put the sub- definitional problem as we approach amendment should really be called an marine patent issue to bed. We begged the Kaptur amendment. That is that invitation. them, please give us that language. we both support working people and My colleagues all remember Mr. But, no, they would not. They would small businessmen except one thinks Lemelson, our patent submariner, our not touch it with a 10-foot pole because that this amendment will help small multimillionaire patent submariner. It their purpose was not ending the sub- businessmen, and myself thinks that it reads something like this. ‘‘Dear Mr. marine patent issue. will not help small businessmen, and I Lemelson,’’ or any other prospective patent submariner, ‘‘You are invited to b 1600 am going to try to explain for all those in this body that want to help small purposefully delay your application at We instead, I went to the gentleman businessmen why the Kaptur amend- the Patent and Trademark Office for from California [TOM CAMPBELL], dis- ment is not good, it is bad. It is bad for your own benefit to the detriment of tinguished professor, man respected this first reason: the American consumer.’’ Just as the throughout this body for his legal One, what she has cleverly put into gentleman from Michigan said, this is knowledge, and he finally came up with this, or somebody, from lines 6 to 11 is no friend to small business. ‘‘Don’t the strongest patent, antisubmarine to bring back the current law that we worry about the phony escape clause patent language that he could come up are changing. The bill currently on the regarding dilatory tactics. No one can with. That is what was in the bill. We floor helps small businessmen. This prove it. Time? Oh, as long as you did that because we did not want peo- changes it back namely by saying that want, perhaps 25, 30, 40 years. Place? ple to destroy the fundamental patent of the Higher Education Act entitled to Unknown. After all, your application is system or protections that was a guar- reduce fees from such section shall not a secret so that no one will have the anteed 17-year patent system or patent be published until a patent is issued benefit of avoiding duplicating your ef- in the name of getting at submarine thereon except upon the request of the forts because you can successfully hide patents. That is like cutting a leg off applicant. This just went back into the from them. You are submarining. You to get to a hangnail or destroying free- bill that we voted on last week and lift- are laying low in the bushes. You are dom of speech for everybody because ed up this current law language. laying low and playing possum,’’ as I there is some pornographer out there This allows submarining. Sub- said last week. ‘‘Date. The date is up to printing a pornographic magazine. marining, now known to everybody, is you. You show up when you want to No, we have taken care of the sub- bad. We do not want bad stuff in the show up. P.S., please pass this invita- marine patent issue. We have included base bill. This would allow tion on to a friend.’’ that language. submarining and those who would in- This license to allow professional The CHAIRMAN. The time of the dulge in that, and they are not all big litigators to clog our courts and stifle gentlewoman from Ohio [Ms. KAPTUR] businessmen. The businessman on the American innovators with expensive has expired. cover, the picture of the businessman lawsuits that can end in bankruptcy (By unanimous consent, Ms. KAPTUR who was the No. 1 submariner in the for those who actually hire American was allowed to proceed for 1 additional country on the Wall Street Journal, workers and invest in the economy minute.) was not representing a multinational cuts into the heart of the constitu- Ms. KAPTUR. Mr. Chairman, I really corporation. He was a small business- tional charge to Congress to offer a appreciate this opportunity because I man. limited monopoly to an inventor in ex- know that the folks that have worked Point No. 2: Why do we have an change for sharing secrets. That is on H.R. 400 have tried very hard, and amendment exempting institutions right. Publication is a necessary ingre- frankly it is a work in progress, and as who do not wish to be exempted? Why? dient of the process. we work harder, it gets better all the In whose great wisdom, not on the The gentleman from California [Mr. time. committee, have we decided that uni- ROHRABACHER] the gentlewoman from I just wanted to summarize and say versities need to be exempted? Who is Ohio [Ms. KAPTUR], they do not seem to on this amendment we really have asking? The answer: Nobody. But it is believe that submarining is a problem. made a legitimate effort to protect the thought to be a pretty good deal. That is why this amendment contains interests of the small inventor, the It is not a good deal, but not only is a loophole big enough to drive a sub- small business, the university inven- it not a good deal, it is not desired. marine through. But let me quote from tors, the university community that is So for those reasons, the three that I the Wall Street Journal from April 9. not satisfied with the base bill. We mentioned, I respectfully urge a very Many of my colleagues read it. It de- would ask for colleagues’ consider- strong and overwhelming rejection of scribes a new class of patent lawyers ation, and I would just end by saying the amendment of my good friend from out to make a business in the sub- that on the reexamination provisions Ohio’s amendment. marine industry. ‘‘The clear winners,’’ of the base bill, recognize that this is Mr. COBLE. Mr. Chairman, I move to writes the Journal, ‘‘so far are the law- going to cause a heavier burden on in- strike the last word. yers. Mr. Lemelson also employees a ventors to defend their patents because Mr. Chairman, the gentleman from small army of them. One of Mr. it gives the right to anyone in the the Roanoke Valley said it earlier Lemelson’s lawyers pretty much April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1733 thanks himself for that, noting an old Ms. LOFGREN. Mr. Chairman, I nately for America, Mr. Soderblom did joke. ‘One lawyer in town, you are move to strike the requisite number of get some very excellent American pat- broke.’ He boasts, ‘Two lawyers in words. ent attorneys. town, you are rich.’ ’’ The article goes I have struggled trying to find some Press accounts indicate that he was on to say that a new breed of intellec- way that I can support the amendment paid over $100 million for his patent, tual property lawyers has emerged, of my colleague, the gentlewoman from something he never really designed, too. Ohio [Ms. KAPTUR]. My colleague asked never used, never participated in. And Many seem to be inspired by Mr. me to review it, and I regret that I can- this money came directly from United Lemelson’s attorney, who pioneered not support it. States companies and was deposited the use of contingency fees in patent I think many of us are striving to into his bank in the Netherlands, con- cases and whose work for Mr. Lemelson reach comity and to work in a biparti- tributing to our adverse balance of alone has brought him more than $150 san manner, but for this amendment it trade. million in fees. You think consumers just cannot happen for me and I think Mr. Soderblom has never resided in win with this sort of scenario? that is true for many of us who have the United States. He has rarely vis- The lawyer’s success: He lives in a worked so long on this bill; and the ited the United States. He just came 15,000 square foot house near Aspen, main reason why is that, as others and took our money. Unfortunately, CO, has made the field of submarining have indicated, it continues to permit the amendment before us would allow a very hot area. Here the cover of the submarine patents. that to occur again. American Lawyer Magazine, a picture The manager’s amendment went a I also need to discuss the issue of of Mr. Lemelson’s lawyer basking in long way toward addressing the issue, swooping, because it has been discussed the riches, 150 million bucks that be- whether anyone believes it is correct or several times by several speakers. Mr. Chairman, one would think by longs to American consumers. not, addressing even the perception or listening to the debate here that the You bet I am worked up about this. the anxiety about small inventors, who small people, and I do not mean small This is indeed a grave problem, and it wanted to not have a published applica- in stature, but people who are not rich, is growing. This amendment, and I will tion, who are uneasy about the change call it Rohrabacher 2, or Kaptur 1, or people who are just starting out, are at and updating of our law for the infor- the sequel to Rohrabacher, again works risk under H.R. 400. The world, as my mation age. to protect this practice which stifles mother and father used to tell me, is And I think that that measure is American investment and innovation. not always fair. The truth is that one’s sound and passed by voice vote last The CHAIRMAN. The time of the ability to protect one’s patent from week. However, to provide that an ap- gentleman from North Carolina [Mr. swoopers at the time of patent issuance plication could never be published or COBLE] has expired. or at the time of publication, when might be published for many, many (By unanimous consent, Mr. COBLE rights attach under H.R. 400, is only as was allowed to proceed for 2 additional years later, as could be done with the good as one’s ability to step forward, minutes.) amendment of the gentlewoman from get one’s lawyers, stand up for oneself, Mr. COBLE. I feel obliged to get this Ohio [Ms. KAPTUR] and is currently and protect oneself. into the record before 5 o’clock, Mr. done under our present system, is not Now, fortunately, we have contingent Chairman. I have worked on this now acceptable. fee operations in America, and there for almost 5 months. When I retire for I would point out one thing: I know are plenty of attorneys who are willing my evening rest, I am thinking of pat- this was not intended, I am sure, by the to protect a good American inventor ents. At early morning hours, when I amendment, but you could, under the against an infringing Japanese multi- dream, I dream of patents. When the amendment, have a foreign inventor national or Swedish multinational or cock crows the next morning, I awak- come to the United States, file an ap- whatever. But the truth is if one is not en, guess to what? The thoughts of pat- plication for a patent in the United willing to fight for one’s patent, one ents. States only, and end up submarining does not have any rights that will not And for the first time since last American inventors. And I do not be trampled on. That is true under the week, I learned of a secret Japanese think that is a result that is good for current system of publication at patent agreement. Oh, yes, there is a secret our country. issuance. It is equally true under the agreement out. The Japanese are going I want to mention a particular case, proposed protection from the time of to bash us. Folks, our better argument, because so much has been said about publication, 18 months out. I think it is the gentlewoman from California said countries in Asia. But the most notori- important to say that because nothing it last week, the gentleman from Illi- ous submarine patentor that I have changes in this regard as the result of nois, the chairman of the committee, been able to find is a Swedish individ- H.R. 400. said it last week, I think the gen- ual, an alleged inventor, Olaf The CHAIRMAN. The time of the tleman from Massachusetts [Mr. Soderblom, who filed for a United gentlewoman from California [Ms. FRANK], perhaps the gentleman from States patent in 1968 and it was not is- LOFGREN] has expired. Michigan [Mr. CONYERS] did as well, a sued until 1981, 13 years later. (On request of Ms. KAPTUR, and by better argument could be made that b 1615 unanimous consent, Ms. LOFGREN was your rank and file Japanese inventor, allowed to proceed for 2 additional they want to keep it just the way it is The very early years of the patent minutes.) because, under the present scenario, pending application were spent by Mr. Ms. KAPTUR. Mr. Chairman, will the they have the luxury of reviewing pub- Soderblom fighting various battles gentlewoman yield? lication well in advance over there and with other independent U.S. patent ap- Ms. LOFGREN. I yield to the gentle- then they can play possum and lay low plicants over who was the first inven- woman from Ohio. because the time runs for a delayed tor. However, a lot of the 13 years were Ms. KAPTUR. Mr. Chairman, I want- publication over here. used by Mr. Soderblom’s attorney to ed to thank the gentlewoman for her It would be my thinking they are not manipulate claims to postpone any ac- comments. Our intention is to close happy at all with H.R. 400. But I want tion on them. any loopholes that may exist on sub- my colleagues to dispel this thought Mr. Soderblom never participated in marine patenting, even though that about a secret Japanese agreement be- or contributed to the public IEEE issue is a rather curious one to be cause there is simply no truth to it. standards regarding his token ring raised by the committee, because in I thank everyone who has taken part technologies that he alleged as his the last 20 years between 1971 and 1993, in this, Mr. Chairman, and I thank you. idea. As he waited with his application out of 2.3 million patent applications, And if I become too emotional, I apolo- just below the surface, the rest of the only 627 have been classified as sub- gize. But I think I would be remiss if I world moved forward and the token marine patents; and at least a third of did not feel strongly about it, because ring technologies that were really those were U.S. Government military we have plowed the field time and never contemplated by Mr. Soderblom secrets. So I find it interesting that the again and it is time to bring in the har- at the time of his filing were invented; gentlewoman spent a great deal of her vest and head for the barn. and fortunately for him or unfortu- time talking about submarine patents. H1734 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Our intention is to close any loop- The CHAIRMAN. The gentleman tion of the pending application could holes that might be there, and that is from Illinois has the time, and he has occur only if the application has been why the language is in our amendment. yielded to the gentleman from Michi- pending for more than 5 years. Boy, Let me also say that our concern is gan. The gentleman from Michigan is does that protect the submariner. Five profoundly small inventors, small busi- recognized. years. That is a lifetime in the com- ness, and university-based inventors. If Mr. CONYERS. Mr. Chairman, that is puter industry, in the biotechnical in- the proposal in the base bill that early the second time the gentlewoman has dustry, in the pharmaceutical indus- publication is so good for the small in- done that. try. Five years one can lurk under- ventor and small business, why have Now, this is a rehash. I emphasize, ground, under the surface of the water. those inventors and businesses not pub- this is the same old stuff. Go back and And there are other conditions which lished before the grant of the patent up read the RECORD. echo the Rohrabacher amendment, to now? By current law they have that POINT OF ORDER which we debated last week. right. So our intention is to protect Ms. KAPTUR. Point of order, Mr. Ms. KAPTUR. Mr. Chairman, will the the small inventor. Please help us do Speaker. gentleman yield? that. The CHAIRMAN. The gentlewoman Mr. HYDE. I yield to the gentle- Ms. LOFGREN. Mr. Chairman, re- will state her point of order. woman from Ohio. claiming my time, under current law, Ms. KAPTUR. Mr. Chairman, the Ms. KAPTUR. Mr. Chairman, I thank if one publishes one’s patent applica- gentleman in the well is referencing the gentleman for yielding, merely to tion in America before the patent is is- this amendment under the name of an- point out that the reviewers of this, sued, one does not have any protection. other Member. This is an amendment the Congressional Research Service, all Under H.R. 400, provisional rights at- offered by the gentlewoman from Ohio of the other groups, fundamentally said that the base bill and our bill, that tach at the time of publication. So one [Ms. KAPTUR]. is protected from the time of publica- The CHAIRMAN. The gentlewoman amendment, were equally good on the tion. Under current American law, it may clarify that point in debate but submarining issue. The substance of would be foolish indeed to put oneself has not stated a point of order. our amendment, which is the small out otherwise. The gentleman from Michigan [Mr. business provision, my colleague will not talk about doing this debate. My Secondarily, I understand, and I be- CONYERS] may proceed. lieve, that the gentlewoman does not Mr. CONYERS. Mr. Chairman, let me colleague is trying to obfuscate the want to do damage to her country any say that the subject of this discussion most important part of this amend- more than I do. That is not what is at has been dealt with already under ment. Very clever, Mr. Speaker. Mr. HUNTER. Mr. Chairman, I move issue, as we both recognize. It is a dif- whoever’s name we care to put it. It is to strike the requisite number of ference of opinion over how to proceed, not new information. It is the RECORD how best to protect our country’s in- words. of last week that is spread with this. Mr. Chairman, I rise to support the ventors. As my subcommittee chairman has It is my judgment that the hundreds Kaptur amendment. A couple of points said, the gentleman from North Caro- have been made that I think need to be of millions of dollars spent by U.S. lina [Mr. COBLE], this brings back play- companies, and in some cases individ- answered in this debate on this paring possum; right? This brings back ticular amendment. First, publication, uals, to submariners is indeed impor- submarining; right? tant. The cited number of 200 does not the driving theme of the proponents of Oh, well, if it does, how does that the bill is that small inventors need matter as much as the hundreds of mil- happen? Because in the gentlewoman’s lions of dollars. them and need their language and need amendment, the Kaptur amendment, at H.R. 400. Whether they like it or not, Mr. HYDE. Mr. Chairman, I move to lines 8, 9, and 10: shall not be published strike the requisite number of words, this is going to help them. until a patent is issued thereon, except Once again the gentleman from Vir- and I yield to the gentleman from upon the request of the applicant. Michigan [Mr. CONYERS]. ginia [Mr. GOODLATTE] pointed out that This now allows small business and he thinks publication is going to help Mr. CONYERS. Mr. Chairman, I universities to indulge in submarining, thank the gentleman from Illinois [Mr. small innovators, because once they if they choose; it exempts publication, advertise this creation to the world, HYDE] for yielding. and that takes us back to where we If Members feel that they may have money will swoop in, money will come came in. That is what the new base bill heard this debate before somewhere, from the four corners of the globe and of the committee, after several years’ they are absolutely correct. This is they will be able to finance their inven- doing, is all about. precisely what we spent several hours tion with that money. Mr. Chairman, I would say to my col- doing on the Rohrabacher amendment Now, the point is, if somebody wants leagues, please, we do not need to be last week. We did it upsidedown, back- to publish their invention, they can do going back into this. We need to stop ward, there were short speeches, long it. They can do it under present law. submarining, and this is in the interest speeches, ferocious speeches, timid There is a provision under present law of small businessmen. speeches, but it was the Rohrabacher so inventors can go out and publicize if Final point, and I will yield my time amendment. We are now back into it they want to. back to the Chairman. If the univer- again. We are now rehashing the Mr. GOODLATTE. Mr. Chairman, sities needed this, they would have Rohrabacher amendment. will the gentleman yield? asked us. We have had innumerable Ms. KAPTUR. Mr. Chairman, will the Mr. HUNTER. I yield to the gen- hearings, and not one university wit- gentleman yield? tleman from Virginia. Mr. CONYERS. I will not yield, Mr. ness has ever said we need the Kaptur Mr. GOODLATTE. Mr. Chairman, the Chairman. amendment or any language like it. point about publication is it is not just Ms. KAPTUR. Mr. Chairman, this is For those reasons I humbly approach the choice of the individual inventor the Kaptur amendment, it is not the the membership to ask them to reject but, rather, the publication of every- Rohrabacher amendment. the amendment. I thank the gentleman one’s patent applications. If no one else Mr. HYDE. Mr. Chairman, I have the for yielding to me. has published, then the entrepreneur time. Mr. HYDE. Mr. Chairman, I thank has the assurance that that one being The CHAIRMAN. The gentleman the gentleman. I would just like to published is the one they can put their from Illinois [Mr. HYDE] has the time. point out to the gentlewoman from money behind. If they do not know, if Mr. CONYERS. Mr. Chairman, I will Ohio [Ms. KAPTUR], a fine Member of everybody else has a choice of publish- not lecture my distinguished colleague this House, that there is form and ing or not, we are back to the same old from Ohio on the rules of the floor. there is substance. The form is cer- submarining, gaming of the system. Please do not interrupt me when the tainly the Kaptur amendment. The Mr. HUNTER. Mr. Chairman, re- chairman of the committee has yielded substance, however, in my interpreta- claiming my time, let me just say that time. tion, as I read it, is Rohrabacher. the gentleman’s argument is naive. If Ms. KAPTUR. Mr. Chairman, I would Why do I say that? Because under the one goes into a high-technology com- ask the chairman to please yield to me. gentlewoman’s amendment, publica- pany today and wants to view some of April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1735 their technology for possible financing, Japan and Europe and why we should except elimination of the guaranteed one has to sign a stack of nondisclo- look at some of their ideas, but if patent term. sure agreements. somebody disagrees with him it is Finally the gentleman from Califor- Mr. GOODLATTE. Mr. Chairman, if Japan bashing. I still think this poster nia, TOM CAMPBELL came forward and the gentleman will continue to yield, is instructive. said, let us work together and find just briefly, to say that that is because Japan is production heavy. They spe- some really tough language on the sub- they do not have the protection of the cialize in production. They need to get marine patent problem and we will put U.S. patent system. Publication gives creative ideas into the assembly line. it into your bill, and no one will be them the provisional right to protec- That is why they made the agreement able to complain. tion that they do not have when they with our patent examiner to get our In fact, the Congressional Research sign that stack of papers. patents published 20 years after appli- Service looked at it and said, yes, the language you put in there is likely to b 1630 cation, rather than 17 years after the patent was actually issued. But once end the submarine patent practice for- Mr. HUNTER. Mr. Chairman, let us again, the small inventors, the Nobel ever, just like H.R. 400 will. The dif- walk through what the gentleman just laureates, the guys who invented the ference between our approaches is, of said. He said these people are protected MRI, the guys who invented the pace- course, we are not amputating the pa- once they publish. They are not pro- maker, those guys are not submarin- tient’s leg in order to get to the hang- tected, and I will tell the gentleman ers. nail. We are not destroying freedom of why. To be able to sue for royalties, The CHAIRMAN. The time of the speech in the name of stopping a few and that is not 20 or 30 percent of the gentleman from California [Mr. HUN- pornographers. action, but if somebody else publicizes TER] has expired. If someone was up here today arguing what they have, they have to show that (By unanimous consent, Mr. HUNTER that we have to end the first amend- their invention, that the invention was allowed to proceed for 30 addi- ment to the Constitution, we have to that came out and was utilized by tional seconds.) change the Bill of Rights, because somebody else, was substantially iden- Mr. HUNTER. Mr. Chairman, I think there are going to be some people that tical to their initial application. the question everybody has to ask the take advantage of freedom of speech, The facts are that when inventors go committee is this: You have 2.3 million and our bill is going to have the gov- out and make an initial application, patents granted since 1973. According ernment check all the newspapers and that initial application is often much to the statistics that both sides have everything that is published before- broader than what is finally patented. cited, there have been 670 submariners hand to take care of these submarine So if they make it too broad, if they in that period of time, and about 30 free speechers, the fact is, you would make the application much broader percent of those were military secrets. say, you are crazy. You are not going than the final patent that is awarded That takes us down to less than 400 to touch the Constitution in order to and they get that final patent, they submariners. get the bad guys. We can find out ways cannot come in and sue. We have crafted a piece of legislation of regulating them and controlling the The second thing is that they have to that will rip away privacy for millions problem. come in and show that they actually of inventors so we can make one guy No; instead, the other side has de- had notice of what that person was on the face of a magazine, we can take manded we obliterate the protections doing, of that publication. When you care of that problem. that we have had in place since the send out patent ideas, these ideas that The CHAIRMAN. The time of the adoption of the U.S. Constitution in are being published, on the Internet, gentleman from California [Mr. HUN- order to get at the submarine patent how are you going to prove that the TER] has again expired. problem. I contend that this is a fig guy had actual knowledge of what you (By unanimous consent, Mr. HUNTER leaf that is being used to cover the im- had? was allowed to proceed for 30 addi- plementation of an agreement that we Last, the whole point that has been tional seconds.) made with Japan 4 years ago to har- made by all these small inventors is Mr. HUNTER. Mr. Chairman, let me monize our law with the Japanese law. this: To sue and get a part of the ac- just close by saying that the same lan- That is why there was no compromise tion, even if it is a 2- or 3-percent roy- guage that was in the Rohrabacher bill language. That is why there was noth- alty, you have to have horsepower. is in the Kaptur bill. CRS has said that ing they could come back to me and That means you have to have money. If both sides, both types of language, say that, no, we do not have to have you have not had some running room, would likely end the practice of sub- publication to solve the submarine pat- if you have not had the chance while marine patents. ent problem, we can do something else your patent was secret to go out there Mr. ROHRABACHER. Mr. Chairman, here. I was open to all those other al- and line that money up, you are never I move to strike the requisite number ternatives. going to be able to do it. That is a fact of words. No, because the purpose of the act is of life. That is why these inventors Mr. Chairman, the reason I demon- to put publication in our law, and the hold this stuff tight to their chests. strably stated and repeatedly stated at purpose of putting publication in our That is why they have not come on the end of the debate on the last law is to implement a secret agree- H.R. 400. amendment, that I had begged the ment, it was secret to me, and I was a My good friend, the gentleman from other side for language to end the sub- Member of Congress, with the Japanese Illinois [Mr. HYDE], my fellow marine patent problem, if Members re- to harmonize our system. consumer of venison, posed this debate member, I said over and over again, I Why do we want to harmonize our as something, as a Japan-bashing for 2 years pleaded with the other side law with Japanese law? In Japan, thing, where we are lining up the sons of this issue, give me language that which we were talking about here be- of the Mayflower versus the people of will end the submarine patent problem fore, they have flooded, and that means Japanese ancestry. and I will put it into my bill, just so if the little guy invents something the I would just say to my friend, I am long as we do not use this problem as big guys just make little changes in looking at this list of our Nobel laure- an excuse to destroy the fundamental what his patent is all about, because ates, like Franco Modigliano and many protection of our patent system which now they know all the details because others. This is a country where people has been the guaranteed patent term. it has been published, and they sur- of every ethnic origin have come to I got nothing in return. I got no an- round the little guy and they beat the America, used the protection of the swer. To everyone I met I said, please little guy into submission and take patent system to come up with an idea. give me the language. away his rights. That is why nobody My friend, the gentleman from Illinois, The gentleman from Virginia [Mr. ever invents anything in Japan. almost deterred me from using my BOUCHER] negotiated, hopefully in good We are inviting these very same eco- poster again. faith, for over a year trying to find lan- nomic gangsters, economic shoguns, I wonder why it is OK for the gen- guage that was acceptable. There was economic godfathers, you name them, tleman from Virginia to talk about nothing acceptable to the other side whatever they are, the economic elite H1736 CONGRESSIONAL RECORD — HOUSE April 23, 1997 of Japan and China and all the rest of plications in our country, where we committee is seeking to do, and why the countries who brutalize their own produce all these Nobel laureates, most we in this amendment try to protect people because their people do not have of whom have an accent, not all, most, small business and small inventors, is legal protections, we are inviting those we then publish in our country, as they lessen the time that they have that same elitists to come over here and publish over there, so we all have that protection. brutalize our people because we are so-called level playing field. Mr. HYDE. The gentlewoman pro- stripping away their protection in the But the most important thing I want tects the submariner. She really pro- name of submarine patents. to say, Mr. Chairman, is that we have tects and enhances the submariner. Let me note that all the examples we seen that CRS report waved around as Ms. KAPTUR. If the gentleman reads have heard about submarine patents often as we have heard about hangnails correctly what our amendment does, today have been examples from the or toenails. I think this argument that is only one of five different ways 1960’s and 1970’s. The Patent Office in needs a pedicure, I would say to my in which we try to get at the sub- the early 1970’s put in place, or late friend. marine problem. I think the gentleman 1970’s, excuse me, a system called the By the way, speaking of the amend- is incorrect. PALMS system. It has already taken ment offered by the gentlewoman from b 1645 care of the submarine patent problem. Ohio [Ms. KAPTUR], there is an old Ital- Mr. HYDE. Mr. Chairman, that 5 None of the examples they have given ian saying, you may dress the shepherd years leaps out from the gentle- have taken place since the PALMS sys- in silk, he will still smell of the goat. Mr. Chairman, the CRS report which woman’s amendment. tem was put into place. Mr. FRANK of Massachusetts. Mr. Furthermore, our legislation, which the gentleman so proudly has waved I Chairman, I move to strike the req- we have been trying to offer, rather would point out has been critiqued by uisite number of words. than destroying the rights of the the American Intellectual Property Ms. LOFGREN. Mr. Chairman, will American people, will, according to the Law Association, which represents the gentleman yield? Congressional Research Service, end nearly 10,000 international intellectual Mr. FRANK of Massachusetts. I yield the practice of submarine patenting. property lawyers, and they say, for rea- to the gentlewoman from California. Please, Mr. Chairman, I urge my col- sons about which we can only specu- Ms. LOFGREN. Mr. Chairman, I leagues, the little guy, the Roscoe late, H.R. 811, the bill of the gentleman heard a statement just a few minutes Bartletts of this country, the small from California [Mr. ROHRABACHER], as ago, and I think it needs to be ad- businessmen, our universities and re- reprised by the gentlewoman from dressed, that there is nothing currently search departments are begging us, Ohio, considerably strengthens the going on by way of the submarine pat- please, do not publish the secret infor- abuse potential of a submariner wish- ent issue, that that problem was al- mation that they have been developing ing to keep a patent application secret. ready solved, and the like. before they get their patent. They Under one section of H.R. 811, publi- I had to mention, I did mention last know it is going to be stolen. They cation of a pending application could week a letter received by Charles know they will not have the where- only occur if the application has been Trimble, President and CEO of Trimble withal to sue Mitsubishi Corp. or the pending for more than 5 years. We can Navigation, one of the premier firms in People’s Liberation Army in China grow an awful lot of submarines under Silicon Valley. I just wanted to quote a that would steal their technologies. the water in 5 years. couple of the things he said in his let- Please oppose H.R. 400 and support Ms. KAPTUR. Mr. Chairman, will the ter. the Kaptur amendment. gentleman yield? He said, From our view inside the Mr. GOODLATTE. Mr. Chairman, I Mr. GOODLATTE. I yield to the gen- Global Positioning System Industry, move to strike the requisite number of tlewoman from Ohio. we see no harm to our industry from words, and I yield to the gentleman Ms. KAPTUR. Mr. Chairman, I thank H.R. 400 and I support this legislation. from Illinois [Mr. HYDE], the chairman the gentleman for yielding to me. I am As an inventor, I obtained basic pat- of the committee. glad it is not goat skin, based on what ents, not to make money but to ensure (Mr. HYDE asked and was given per- has gone on here recently. that no one else would stop me from mission to revise and extend his re- Mr. Chairman, I just wanted to say using my own patent or innovation in marks.) that the gentleman’s explanation of commercializing the GPS technology. Mr. HYDE. Mr. Chairman, I think how the patent system works today Another reason for obtaining patents this could be boiled down very simply. was just excellent. is to facilitate the licensing of tech- We have a mind-set that thinks publi- Mr. HYDE. I thank the gentlewoman. nology to a larger company. The real cation is an open door to thievery and Ms. KAPTUR. What I wanted to ask, issue is not only inventing a tech- to stealing our secrets. though, is if the proposal in H.R. 400 nology but reducing it to practice, gen- There is another philosophy, it is in that the gentleman is promoting is erating a commercial market and cre- our Constitution. It says that if you going to be useful, currently if publica- ating a legitimate business activity. want to get a patent, that gives you ex- tion is going to be such a good idea, This activity is a critical backbone of clusive rights to your invention for a early publication for small inventors our economy. period of years, and then the tradeoff and small business, why have they not He goes on to say that keeping pat- for that exclusivity is disclosure to the published under the current law, which ents unpublished or submarining until world, so the world may benefit from they can do if they wish, but they do there is an emerging commercial in- this wonderful insight that you have not do it? dustry that can be held hostage to now patented. That is the tradeoff. Mr. HYDE. I would suggest to my costly and unnecessary lawsuits is a se- Publication is the disclosure so the friend that if she does not want it ever rious competitive threat to U.S. indus- world may benefit, but meanwhile, you published, she wants to keep it a secret tries. And then, in fact, and this was have a period of years for which you in perpetuity, do not ask for a patent. dated March 11, 1997, Our industry is may exploit fully your rights to the Keep it as a trade secret and get pro- currently, he says, diverting signifi- patent. That is the tradeoff. Publica- tected under the trade secrecy laws. cant amounts of money to combat a tion is protection, because once your But if she wants a patent it has to be submarine patent that will most likely idea is published it is notice to the published. She is protected while it is be proven not to read on our tech- world you were there first; you have published, and then the patent protects nology. This is a very sensitive issue. been there, you have done that, and it her, and then the world may benefit He is saying that this is not a large is yours. If anybody wishes to infringe from her wonderful invention. company versus a small company issue. on your rights, which are called provi- Ms. KAPTUR. Mr. Chairman, if the This is an issue about who can get hot- sional rights, not a patent yet but gentleman will continue to yield, you shot patent lawyers to continue to equivalent to a patent, they are subject are protected until such time as that press for money that they do not de- to damages. So you are protected. patent is issued, and certainly with the serve, did not earn and are extorting. Meanwhile, Mr. Chairman, the for- courts and system we have in place, Mr. FRANK of Massachusetts. Mr. eign inventor, and 45 percent of the ap- after that patent is granted. What the Chairman, let me say, I am about to April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1737 yield to the senior ranking member, out there filing. There are a lot of inde- SEC. 102. PATENT AND TRADEMARK EXAMINER but I did want to alert Members that pendent inventors who do not have the TRAINING. (a) IN GENERAL.—Chapter 1 of title 35, the vote is at 5 and the test on this for kind of financial wherewithal to func- United States Code, is amended by adding at all Members will be given tomorrow tion in the system that is being created the end the following new section: morning. here. Mr. CONYERS. Mr. Chairman, will It is no different than the battle be- ‘‘§ 15. Patent and trademark examiner training the gentleman yield? tween the megabanks and the credit Mr. FRANK of Massachusetts. I yield unions. It is no different than the bat- IN GENERAL.—All patent examiners and to the gentleman from Michigan. tles that we have between the Commit- trademark examiners shall spend at least 5 Mr. CONYERS. Mr. Chairman, to the percent of their duty time per annum in tee on Commerce and the Committee training to maintain and develop the legal gentleman from California [Mr. on Small Business. It is the very same and technological skills useful for patent or ROHRABACHER], our distinguished col- issue for small inventors, for independ- trademark examination, as the case may be. league, it has just been discovered that ent inventors, and those who are not ‘‘(b) TRAINERS OF EXAMINERS.—The Patent there is no secret conspiracy. independent, who have other sources of and Trademark Office shall develop an incen- Mr. CAMPBELL. Mr. Chairman, I finance to back up whatever it is they tive program to retain as employees patent move to strike the requisite number of are trying to protect and advance examiners and trademark examiners of the primary examiner grade or higher who are words. through that Patent Office. Mr. Chairman, I rise in order to allow eligible for retirement, for the sole purpose So our amendment essentially ex- of training patent examiners and trademark the author of this amendment the empts small business under the defini- examiners who have not achieved the grade chance to close. I wish to take 30 section of the Patent Office. It says, hey, of primary examiner.’’. onds before yielding the remaining look, give them equal footing. Do not (b) CLERICAL AMENDMENT.—The table of amount of my time to observe that our make them play under this system, contents for chapter 1 of title 35, United distinguished chairman of the full com- which is very difficult for the small in- States Code, is amended by adding at the end mittee did omit the other provision of ventor to cough up the cash for. It does the following: Ms. KAPTUR’s amendment. It was not not subject them to the kind of litiga- ‘‘15. Patent and trademark examiner training.’’. simply the 5-year provision. There is tion that is likely to be involved here SEC. 103. LIMITATIONS ON PERSONNEL. also the provision that I drafted which where it is more likely that their ideas Section 3(a) of title 35, United States Code, requires publication for anyone who and their patent will be infringed upon is amended by adding at the end the follow- seeks to continue the patent applica- through the processes that are being ing: ‘‘The Office shall not be subject to any tion process, which is exactly the sub- promoted in the base bill. administratively or statutorily imposed lim- mariner. Our measure also would try to ac- itation on positions or personnel, and no po- Ms. KAPTUR. Mr. Chairman, will the knowledge that the base bill does not sitions or personnel of the Office shall be gentleman yield? distinguish between large and small in- taken into account for purposes of applying Mr. CAMPBELL. I yield to the gen- any such limitation.’’. ventors. So it really is an equity ques- Page 26, line 10, strike ‘‘121’’ and insert tlewoman from Ohio. tion for us. ‘‘104’’. Ms. KAPTUR. Mr. Chairman, I thank We would ask Members to support Page 28, line 15, strike ‘‘122’’ and insert the gentleman. I wish to ask the Mem- the Kaptur amendment to create a ‘‘105’’. bers to please read the substance of our level playing field, support the small Page 30, strike line 3 and all that follows amendment. The sidetracks that this business person. Support the small in- through page 46, line 23, and insert the fol- debate has gone down this afternoon ventor. Support your colleges and uni- lowing: have amazed even me. SEC. 106. EFFECTIVE DATE. versities. Support the little guy. Do This title, and the amendments made by I wanted to state for the RECORD that the right thing. Make this bill better. this title, shall take effect 30 days after the there are many university scholars, in- I know the chairman of the full com- date of the enactment of this Act. ventors, lists long that have written us mittee wants to do that. I know the Amend the table of contents accordingly. in support of our legislation against ranking member wants to do that. The Mr. HUNTER (during the reading). the base bill and, of course, many of Kaptur amendment accomplishes that. Mr. Chairman, I ask unanimous con- them are in a precarious position be- The CHAIRMAN. The question is on sent that the amendment be considered cause those universities receive funds the amendment offered by the gentle- as read and printed in the RECORD. from some of the very same interests woman from Ohio [Ms. KAPTUR]. The CHAIRMAN. Is there objection that are promoting H.R. 400 and in The question was taken; and the to the request of the gentleman from many ways not being sensitive to the Chairman announced that the noes ap- California? smaller inventors, the smaller busi- peared to have it. There was no objection. nesses, those individual inventors that Ms. KAPTUR. Mr. Chairman, I de- Mr. HUNTER. Mr. Chairman, this has we wish to protect and give fair stand- mand a recorded vote. been a good debate, a robust debate on ing to as this measure moves forward. The CHAIRMAN. Pursuant to House the patent system and whether or not Our amendment essentially would at- Resolution 116, further proceedings on we need to radically change the sys- tempt to protect those inventors’ pat- the amendment offered by the gentle- tem. I am offering this amendment to ents prior to issuance. We do not want woman from Ohio [Ms. KAPTUR] will be move over to the personnel side of the any invitation to copy, which H.R. 400 postponed. issue and talk about it a little bit. certainly promotes, because it says Are there further amendments? I want you to consider that the pro- that within 18 months, that patent AMENDMENT OFFERED BY MR. HUNTER posal, the idea that property rights are would be published even before it is Mr. HUNTER. Mr. Chairman, I offer extremely precious in the United granted. an amendment. States and that if you ask the average Right now an individual is protected The Clerk read as follows: citizen what his most important right until the time that the patent is is- Amendment offered by Mr. HUNTER: is, he would probably say it is my right sued, until it is granted. So it is a sub- Page 4, strike line 1 and all that follows to own my house, my farm, my prop- stantial collapsing of the protection through page 26, line 9 and insert the follow- erty, and to have a system that ensures time for an individual inventor. ing: that ownership. I find it so interesting to listen to TITLE I—PATENT AND TRADEMARK Now, we often have disputes over the proponents say, well, in our system SYSTEM REVISIONS property rights in the United States. you can litigate. That is easy for a big SEC. 101. SECURE PATENT EXAMINATION. We have quiet title actions and other corporation. IBM, Xerox, Ford Motor, Section 3 of title 35, United States Code, is types of actions, when you go to court why they are some of the best friends amended by adding at the end the following: because somebody else or the govern- of this country in the jobs that they ‘‘(f) All examination and search duties for ment disputes your claimed absolute the grant of United States letters patent are provide, and so forth. But the point is sovereign functions which shall be performed ownership of your property. And what they are not the only inventors around. within the United States by United States Americans want when their property There are a lot of small workshops. citizens who are employees of the United rights are in dispute is an excellent ju- There are a lot of professors that are States Government.’’. diciary with absolute integrity. They H1738 CONGRESSIONAL RECORD — HOUSE April 23, 1997 do not want to have a judiciary that is The CHAIRMAN pro tempore. Is attention of the gentleman from Michi- contracted out. We went over and had there objection to the request of the gan. a rent-a-judge program. They do not gentleman from California? Mr. Chairman, I am asking for unani- want to have a judiciary where you Mr. CONYERS. Mr. Chairman, I ob- mous consent that 21⁄2 additional min- may go to a foreign country and con- ject. utes be given to the gentleman from tract or exchange judges with them, es- The CHAIRMAN pro tempore. Objec- Michigan [Mr. CONYERS] and 21⁄2 addi- pecially if it is an issue where their tion is heard. tional minutes be given to the gen- ownership of your property may be a Mr. CONYERS. Mr. Chairman, I move tleman from California [Mr. HUNTER]. part of the particular issue. We want to to strike the last word. The CHAIRMAN pro tempore (Mr. have judges that are absolutely insu- Mr. Chairman, I just want to explain BARRETT of Nebraska). Is there objec- lated from politics. to the gentleman from California, [Mr. tion to the request of the gentleman Now, I think we need exactly the HUNTER] that he has had 5 minutes. I from California? same thing when we are talking about get 3. I am not giving him any more Mr. CONYERS. Mr. Chairman, I ob- intellectual property. We have had a time. I am not yielding. ject. The CHAIRMAN pro tempore. Objec- Patent Office, I understand, I have Mr. Chairman, I object to this tion is heard. All time has expired. done a little investigation, we have not amendment. This amendment contains The question is on the amendment had a scandal regarding undue influ- a number of restrictions on how the offered by the gentleman from Califor- ence in the Patent Office for 160 years. tradeoffs can operate, including the types of search files the office should nia [Mr. HUNTER]. What does that say about our patent The question was taken; and the use, the amount of training examiners examiners, those Federal employees Chairman announced that the noes ap- should receive, where and by whom the who work in the Patent Office and ba- peared to have it. sically make decisions that are life or patent application should be examined. Mr. HUNTER. Mr. Chairman, I de- death for American citizens, for inven- It imposes restraints on executive mand a recorded vote. tors, for small businesses, for big busi- branch negotiations with other nations The CHAIRMAN pro tempore. Pursu- nesses? on patent law. ant to House Resolution 116, further Those people in practical terms Is this serious? We are going to, in an proceedings on the amendment offered award property rights or refuse to amendment that all debate concludes by the gentleman from California [Mr. award property rights. They are quasi- on in 8 minutes, we are now going to HUNTER] will be postponed. judges. They are a lot like the judges limit the executive branch of Govern- Mr. BARCIA. Mr. Chairman, we have lis- who make determinations on real prop- ment’s ability to negotiate with other tened to members of this house eloquently de- erty rights, who make the decision as nations on patent law. bate both sides of this issue today and it is to whether or not you own your house This would eliminate the operational apparent that almost all agree that there are or you own that strip of land that your flexibilities and management stability problems with our current patent system. How- neighbor may contest. of the Government corporation which ever, we do not agree on how we can correct Well, I have offered an amendment would be created in H.R. 400. I guess the problems. that does several things. It says essen- that means it guts the bill. There are several points on which we all tially that patent applications, it en- So here we go. We have had about 4 agree and I believe that we can and should sures that patent applications will be amendments. I am not impatient with work on perfecting those provisions to im- reviewed by politically insulated, com- this mode of debate and the secret prove, not massively alter, our patent system. petent, and plentiful patent examiners. agreements that nobody knows about, We agree that we need to prevent submarine Let us go through that. the conspiracy that is motivating the patents. First, I think the important idea is movers of H.R. 400. But it is a little We agree on provisional royalty rights for to have political insulation to make trying. those who are published. Those changes can sure that you have an absolutely pris- Ms. LOFGREN. Mr. Chairman, will be made without hurting independent inven- tine patent examiner corps and you do the gentleman yield? tors who have been the backbone of this that by making sure that they are U.S. Mr. CONYERS. I yield to the gentle- country for 200 years. citizens and that they are Federal em- woman from California. We do not need to make massive changes ployees. You do not want to contract Ms. LOFGREN. Mr. Chairman, in my to a system that we can fix. Let's address out judges. These folks are quasi- reading of the amendment, I believe it those provisions on which we agree and pass judges. is very clear from the plain words of a bill that ends abuse of the system. Let us the amendment that the Patent and Second, it ensures that you are going also continue to provide the independent in- Trademark Office current search files to have good patent examiners. It says ventor the opportunity and financial ability to would need to be maintained. I think that over 5 percent of their duty time pursue innovative ideas and inventions. what this means, in a practical man- Some of my colleagues have suggested, must be spent in training. We have a ner, is that the current 33 million docu- quite correctly, that even under the current lot of very high technology creativity ments search files that are on paper system lawsuits and piracy are possible, even now that is being pushed through the would need to be maintained forever. prominent. However, this is not an excuse for Patent Office by American innovators. I think, although I presume not in- opening our inventors to more of the same. We need to have folks that are up to tended, that would be a very serious Compounding injustice will not make our Na- speed and can apply technical expertise problem for our country when we think tion better. that will allow them to make an effi- about what we can accomplish with Innovation is the cornerstone and strength cient review of that patent application. computerization, especially dealing of our country and we are all committed to So my bill or my amendment offers a with massive amounts of data. So I protecting the intellectual property rights of in- requirement for 5 percent of your duty think that that unintended con- ventors and researchers. We all want to pre- time being spent in training. sequence, if for no other reason, should vent abuses by those who would purposely Last, it ensures that you are going to lead us all to oppose this amendment. I delay applications or use other tactics to artifi- have swift patent issuance, that has do not know whether the chairman of cially extend patent protection. been an issue today, and office flexibil- the subcommittee wished to be recog- However, I am opposed to H.R. 400 and ity by lifting a mandated full-time em- nized for the remainder of my time. any other legislation that would allow infringe- ployee cap from the Patent and Trade- Mr. CAMPBELL. Mr. Chairman, will ment on intellectual property rights guaranteed mark Office. the gentleman yield? by our Constitution. The CHAIRMAN pro tempore (Mr. Mr. CONYERS. I yield to the gen- Mrs. MINK of Hawaii. Mr. Speaker, I rise BARRETT of Nebraska). The time of the tleman from California. today to stand up for our Nations small busi- gentleman from California [Mr. HUN- nesses and individual investors. With all the b TER] has expired. 1700 data on the obstacles small businesses face in Mr. HUNTER. Mr. Chairman, I ask Mr. CAMPBELL. Mr. Chairman, I ap- our increasingly globally-oriented marketplace, unanimous consent to proceed for 1 ad- preciate the gentleman yielding, and it I am quite dismayed about the changes advo- ditional minute. is for this purpose. If I could have the cated by this bill. While supporters claim this April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1739 bill helps businesses and inventors, closer ex- Amendment offered by the gentle- Mink Poshard Solomon Molinari Radanovich Stark woman from Ohio [Ms. KAPTUR]; amination proves otherwise. Rather than as- Moran (KS) Rangel Stearns sisting all businesses and inventors, this bill And the amendment offered by the Murtha Regula Strickland allows large corporations and foreign entities gentleman from California [Mr. HUN- Myrick Riley Stump to gain an advantage over America's small TER]. Neumann Rivers Stupak Talent businesses and individual inventors. The Chair will reduce to 5 minutes Ney Rohrabacher Norwood Ros-Lehtinen Tauscher Proponents of this legislation claim that this the time for any electronic vote after Oberstar Roybal-Allard Thornberry bill benefits investors and the American soci- the first vote in this series. Obey Royce Thune ety as a whole. They contend that by publish- Olver Ryun Thurman PARLIAMENTARY INQUIRIES Tiahrt ing patents in a shorter amount of time, busi- Ortiz Salmon Mr. CAMPBELL. Mr. Chairman, is it Owens Sanchez Traficant nesses and the government will be able to my understanding that we will go to a Pallone Sanders Upton Walsh save money from eliminating duplicative re- recorded vote or must I make a point Pappas Saxton search. In addition, supporters claim by dis- Parker Scarborough Wamp Waters of order about the absence of a Pascrell Schaefer, Dan closing the patent information in 18 months in- Watkins quorum? Paul Schaffer, Bob Watt (NC) ventors are compensated for royalties earlier Petri Shadegg The CHAIRMAN pro tempore. The Watts (OK) in the patent process. Existing law provides Pickering Smith (MI) Chair will clarify. Weldon (FL) Pombo Smith (NJ) that a patent applicant must remain confiden- Weygand Ms. LOFGREN. Mr. Chairman, par- Pomeroy Smith, Linda tial until the patent is granted. Do we really liamentary inquiry. Is it my under- Wolf want to disclose information to our competitors Porter Snowbarger standing that the first recorded vote is just to harmonize our patent laws with inter- on the Campbell 1 amendment, to be NOES—224 national standards? Ackerman Franks (NJ) Moran (VA) Instead of maintaining a system that has followed by 5 minute votes on Campbell 2, the Kaptur amendment and the like? Aderholt Frelinghuysen Morella been independent and encourages American Allen Frost Nadler ingenuity for over 200 years, H.R. 400 restruc- I could not hear. Archer Ganske Neal tures the U.S. Patent & Trademark Office The CHAIRMAN pro tempore. The Armey Gejdenson Nethercutt gentlewoman is correct. Baesler Gekas Northup [PTO] by creating a Management Advisory Barrett (NE) Gilchrest Nussle Board that reviews the policies, goals, per- AMENDMENT NO. 1 OFFERED BY MR. CAMPBELL Barton Gilman Oxley formance, budget and user fees of the PTO. The CHAIRMAN pro tempore. The Bateman Gonzalez Packard pending business is the demand for a Becerra Goodlatte Pastor This bill will subject the PTO to the appropria- Bentsen Goodling Paxon tions process, as well as, Congressional over- recorded vote on amendment No. 1, of- Berman Granger Payne sight. Mr. Speaker we have already seen how fered by the gentleman from California Berry Greenwood Pease special interests in the political process can in- [Mr. CAMPBELL] on which further pro- Bishop Gutknecht Pelosi Blagojevich Hall (OH) Peterson (MN) fluence the system. This bill not only adds ad- ceedings were postponed and on which Bliley Hall (TX) Peterson (PA) ditional redtape, but more significantly, it al- the noes prevailed by voice vote. Blunt Hamilton Pickett lows politics to influence the issuance of a pat- The Clerk will redesignate the Boehlert Harman Pitts ent. The existing structure already provides amendment. Boehner Hastert Portman Borski Hastings (FL) Price (NC) applicants the objectivity and assurance that The Clerk redesignated the amend- Boswell Hefner Pryce (OH) they will be given a fair opportunity to obtain ment. Boucher Hilliard Quinn Boyd Hinchey Ramstad patents and safeguards intellectual property RECORDED VOTE Brady Hinojosa Reyes rights. The CHAIRMAN pro tempore. A re- Brown (CA) Holden Riggs During this debate we will be hearing a lot corded vote has been demanded. Bunning Hooley Rodriguez about ``submarine patents.'' Proponents of A recorded vote was ordered. Burr Horn Roemer H.R. 400 allege that numerous patent appli- Burton Hostettler Rogan The vote was taken by electronic de- Buyer Houghton Rogers cants purposely delay their patent to keep vice, and there were—ayes 185, noes 224, Callahan Hutchinson Rothman their inventions secret. If submarine patents not voting 24, as follows: Canady Hyde Roukema are as secretive as critics claim, then how are Cannon Jackson (IL) Sabo [Roll No. 86] we to know the real number of submarine pat- Capps Jefferson Sandlin AYES—185 Cardin Jenkins Sawyer ents that exists? Are submarine patents really Carson John Schumer Abercrombie Dixon Jones a problem or is it just a smokescreen to dis- Castle Johnson (CT) Scott Bachus Doolittle Kanjorski Chabot Johnson (WI) Sensenbrenner mantle a system that protects the rights of the Baker Doyle Kaptur Chambliss Johnson, Sam Serrano little guy? Baldacci Duncan Kennedy (MA) Clay Kasich Sessions Barcia Ehlers Kildee Another change H.R. 400 seeks is to allow Clyburn Kelly Shaw Barr Emerson Kim third parties to participate in the reexamination Coble Kennedy (RI) Shays Barrett (WI) Engel King (NY) Conyers Kennelly Sherman process. Under existing law, validity of issued Bartlett Ensign Kleczka Cramer Kind (WI) Shimkus patents are challenged and reexamined only Bass Everett Klink Crane Knollenberg Shuster Bereuter Filner Klug by the U.S. Patent & Trademark Office. This Davis (FL) Kolbe Sisisky Bilbray Foley Kucinich bill will allow larger corporations and wealthier Davis (IL) LaFalce Skaggs Bilirakis Forbes LaHood Deal Lampson Skeen entities to challenge the validity of a patent. As Blumenauer Fowler Largent DeGette Lantos Skelton Bonilla Frank (MA) LaTourette these challenges or suits drag on for longer Delahunt Latham Slaughter Bonior Gallegly Leach periods, the smaller and less affluent busi- DeLauro Lazio Smith (TX) Bono Gephardt Lewis (KY) nesses or individuals are the ones most nega- DeLay Levin Smith, Adam Brown (FL) Gibbons Lipinski Dickey Lewis (CA) Snyder tively affected. Once their finances are de- Brown (OH) Gillmor Livingston Dicks Lewis (GA) Souder Calvert Goode LoBiondo pleted, the ``deep pockets'' are likely to ac- Dingell Linder Spence Camp Gordon Lucas quire rights to these patents. Doggett Lofgren Spratt Campbell Goss Maloney (CT) H.R. 400 will hurt our small businesses and Dooley Lowey Stabenow Chenoweth Graham Manzullo Dreier Luther Stenholm inventors. It should not pass. Christensen Green Martinez Dunn Maloney (NY) Stokes Clayton Gutierrez Mascara SEQUENTIAL VOTES POSTPONED IN COMMITTEE Edwards Manton Sununu Clement Hansen McCarthy (NY) OF THE WHOLE Ehrlich Markey Tanner Coburn Hastings (WA) McCollum The CHAIRMAN pro tempore. Pursu- English Matsui Tauzin Combest Hayworth McDade Eshoo McCarthy (MO) Thomas ant to House Resolution 116, proceed- Condit Hefley McGovern Etheridge McCrery Thompson Cook Herger McHugh ings will now resume on those amend- Evans McDermott Tierney Cooksey Hill McInnis ments on which further proceedings Ewing McHale Torres Costello Hilleary McIntosh Farr Meehan Turner were postponed in the following order: Cox Hobson McIntyre Fattah Meek Vento Amendment No. 1, offered by the gen- Coyne Hoyer McKeon Fawell Millender- Visclosky Crapo Hulshof McKinney tleman from California [Mr. CAMP- Fazio McDonald Waxman Cunningham Hunter McNulty BELL]; Flake Miller (CA) Weldon (PA) Danner Istook Menendez Amendment No. 2, offered by the gen- Foglietta Minge Weller Davis (VA) Jackson-Lee Metcalf Ford Moakley Wexler tleman from California [Mr. CAMP- DeFazio (TX) Mica Fox Mollohan White BELL]; Dellums Johnson, E. B. Miller (FL) H1740 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Whitfield Woolsey Young (AK) Forbes Lipinski Riggs Pelosi Sawyer Tanner Wicker Wynn Young (FL) Gallegly Livingston Riley Peterson (MN) Schumer Tauscher Gephardt LoBiondo Rivers Peterson (PA) Scott Tauzin NOT VOTING—24 Gibbons Lucas Rohrabacher Pickett Serrano Thomas Andrews Furse Schiff Goode Manzullo Ros-Lehtinen Pitts Shadegg Thompson Ballenger Hoekstra Smith (OR) Goss Martinez Royce Pomeroy Shaw Tierney Bryant Inglis Taylor (MS) Graham Mascara Ryun Porter Shays Torres Collins Kilpatrick Taylor (NC) Green McCarthy (NY) Salmon Portman Sherman Turner Cubin Kingston Towns Gutierrez McCrery Sanders Price (NC) Shimkus Upton Cummings Rahall Velazquez Hall (TX) McDade Saxton Pryce (OH) Shuster Vento Deutsch Rush Wise Hansen McHugh Scarborough Quinn Sisisky Visclosky Diaz-Balart Sanford Yates Hastert McInnis Schaefer, Dan Radanovich Skaggs Watkins Hastings (WA) McIntyre Schaffer, Bob Ramstad Skeen Waxman Hayworth McKeon Sensenbrenner Rangel Skelton Weldon (PA) b 1725 Hefley McKinney Sessions Reyes Slaughter Wexler Herger McNulty Smith (MI) Rodriguez Smith (TX) Weygand The Clerk announced the following Hill Metcalf Smith (NJ) Roemer Smith, Adam White pairs: Hilleary Mica Smith, Linda Rogan Snyder Wicker On this vote: Hobson Miller (FL) Snowbarger Rogers Souder Wolf Holden Mink Solomon Rothman Spence Woolsey Mrs. Cubin for, with Mr. Kingston against. Hoyer Molinari Stark Roukema Spratt Wynn Mr. Sanford for, with Mr. Smith of Oregon Hulshof Moran (KS) Strickland Roybal-Allard Stabenow Young (AK) against. Hunter Myrick Stump Sabo Stearns Young (FL) Mr. Deutsch for, with Mr. Towns against. Hutchinson Neumann Stupak Sanchez Stenholm Istook Ney Sununu Sandlin Stokes Messrs. DELAY, HASTERT, Jones Norwood Talent WELLER, and GONZALEZ changed Kanjorski Oberstar Thornberry NOT VOTING—24 their vote from ‘‘aye’’ to ‘‘no.’’ Kaptur Obey Thune Andrews Gekas Schiff Messrs. POMBO, CAMP, RYUN, Kildee Olver Thurman Ballenger Hoekstra Smith (OR) King (NY) Ortiz Tiahrt Bryant Inglis Taylor (MS) WATTS of Oklahoma, KIM, Kleczka Pallone Traficant Collins Kilpatrick Taylor (NC) MCGOVERN, Mrs. CLAYTON, and Ms. Klink Pappas Walsh Cubin Kingston Towns ROYBAL-ALLARD changed their vote Kucinich Parker Wamp Deutsch Rahall Velazquez LaHood Pascrell Waters Diaz-Balart Rush Wise from ‘‘no’’ to ‘‘aye.’’ Largent Paul Watt (NC) Furse Sanford Yates So the amendment was rejected. LaTourette Petri Watts (OK) The result of the vote was announced Lazio Pickering Weldon (FL) b 1736 as above recorded. Leach Pombo Weller Lewis (CA) Poshard Whitfield The Clerk announced the following ANNOUNCEMENT BY THE CHAIRMAN PRO Lewis (KY) Regula pair: TEMPORE On this vote: NOES—242 The CHAIRMAN pro tempore (Mr. Mr. Sanford for, with Mr. Smith of Oregon BARRETT of Nebraska). Pursuant to the Ackerman Doggett Johnson, E. B. against. rule, the Chair announces that he will Aderholt Dooley Johnson, Sam Allen Dreier Kasich Ms. PELOSI changed her vote from reduce to a minimum of 5 minutes the Armey Dunn Kelly ‘‘aye’’ to ‘‘no.’’ period of time within which a vote by Baesler Edwards Kennedy (MA) Mr. McCRERY changed his vote from electronic device will be taken on each Barrett (NE) Ehlers Kennedy (RI) Barton Ehrlich Kennelly ‘‘no’’ to ‘‘aye.’’ additional amendment on which the Bateman Engel Kim So the amendment was rejected. Chair has postponed further proceed- Becerra Eshoo Kind (WI) The result of the vote was announced ings. Bentsen Etheridge Klug Berman Evans Knollenberg as above recorded. AMENDMENT NO. 2 OFFERED BY MR. CAMPBELL Berry Farr Kolbe AMENDMENT OFFERED BY MS. KAPTUR The CHAIRMAN pro tempore. The Bilbray Fattah LaFalce The CHAIRMAN. The pending busi- pending business is the demand for a Bishop Fawell Lampson Blagojevich Fazio Lantos ness is the demand for a recorded vote recorded vote on the amendment of- Bliley Flake Latham on the amendment offered by the gen- fered by the gentleman from California Blumenauer Foglietta Levin tlewoman from Ohio [Ms. KAPTUR] on [Mr. CAMPBELL] on which further pro- Blunt Ford Lewis (GA) which further proceedings were post- ceedings were postponed and on which Boehlert Fowler Linder Boehner Fox Lofgren poned and on which the noes prevailed the noes prevailed by voice vote. Borski Frank (MA) Lowey by voice vote. The Clerk will redesignate the Boswell Franks (NJ) Luther The Clerk will designate the amend- amendment. Boucher Frelinghuysen Maloney (CT) Boyd Frost Maloney (NY) ment. The Clerk redesignated the amend- Brady Ganske Manton The Clerk designated the amendment. Brown (CA) Gejdenson Markey ment. RECORDED VOTE Brown (FL) Gilchrest Matsui Bunning Gillmor McCarthy (MO) RECORDED VOTE The CHAIRMAN pro tempore. A re- Burr Gilman McCollum The CHAIRMAN. A recorded vote has corded vote has been demanded. Burton Gonzalez McDermott been demanded. A recorded vote was ordered. Buyer Goodlatte McGovern Callahan Goodling McHale A recorded vote was ordered. The CHAIRMAN pro tempore. This Camp Gordon McIntosh The CHAIRMAN. This will be a 5- will be a 5-minute vote. Canady Granger Meehan minute vote. The vote was taken by electronic de- Cannon Greenwood Meek The vote was taken by electronic device, and there were—ayes 167, noes 242, Capps Gutknecht Menendez Carson Hall (OH) Millender- vice, and there were—ayes 220, noes 193, not voting 24, as follows: Castle Hamilton McDonald not voting 20, as follows: [Roll No. 87] Chabot Harman Miller (CA) Chambliss Hastings (FL) Minge [Roll No. 88] AYES—167 Clay Hefner Moakley AYES—220 Abercrombie Calvert Danner Clyburn Hilliard Mollohan Abercrombie Bonior Collins Archer Campbell Deal Coble Hinchey Moran (VA) Aderholt Bono Combest Bachus Cardin DeFazio Conyers Hinojosa Morella Archer Boyd Condit Baker Chenoweth DeLay Coyne Hooley Murtha Bachus Brady Cook Baldacci Christensen Dellums Cramer Horn Nadler Baker Brown (FL) Costello Barcia Clayton Dixon Crane Hostettler Neal Baldacci Brown (OH) Cox Barr Clement Doolittle Cummings Houghton Nethercutt Barcia Calvert Cramer Barrett (WI) Coburn Doyle Davis (FL) Hyde Northup Barr Campbell Crapo Bartlett Combest Duncan Davis (IL) Jackson (IL) Nussle Barrett (WI) Cardin Danner Bass Condit Emerson Davis (VA) Jackson-Lee Owens Bartlett Chenoweth Deal Bereuter Cook English DeGette (TX) Oxley Bereuter Christensen DeFazio Bilirakis Cooksey Ensign Delahunt Jefferson Packard Bilbray Clay DeLauro Bonilla Costello Everett DeLauro Jenkins Pastor Bilirakis Clayton DeLay Bonior Cox Ewing Dickey John Paxon Bishop Clyburn Dellums Bono Crapo Filner Dicks Johnson (CT) Payne Bonilla Coburn Dickey Brown (OH) Cunningham Foley Dingell Johnson (WI) Pease April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1741 Dixon LaTourette Porter Linder Pickett Sisisky [Roll No. 89] Doolittle Lazio Poshard Lofgren Pitts Skaggs AYES—133 Doyle Leach Radanovich Lowey Portman Skeen Duncan Levin Rahall Luther Price (NC) Skelton Abercrombie Herger Obey Emerson Lewis (KY) Rangel Maloney (CT) Pryce (OH) Slaughter Bachus Hill Olver English Lipinski Regula Maloney (NY) Quinn Smith (TX) Baker Holden Ortiz Ensign Livingston Riggs Manton Ramstad Smith, Adam Baldacci Hostettler Pallone Everett LoBiondo Riley Markey Reyes Snyder Barcia Hoyer Pappas Ewing Lucas Rivers Matsui Roemer Souder Barr Hulshof Pascrell Fattah Manzullo Rodriguez McCarthy (MO) Rogan Stokes Bartlett Hunter Petri Filner Martinez Rohrabacher McCollum Rogers Tanner Bilbray Istook Pombo Foley Mascara Ros-Lehtinen McDermott Rothman Tauscher Bilirakis Jackson-Lee Pomeroy Forbes McCarthy (NY) Royce Meehan Roukema Thomas Bonior (TX) Radanovich Fowler McCrery Ryun Minge Roybal-Allard Thurman Bono Jones Rahall Fox McDade Salmon Moakley Sabo Tierney Brown (OH) Kanjorski Regula Franks (NJ) McGovern Sanders Mollohan Sanchez Turner Burton Kaptur Riley Gallegly McHale Saxton Morella Sandlin Vento Calvert Kildee Rivers Gejdenson McHugh Scarborough Nadler Sawyer Visclosky Campbell King (NY) Rohrabacher Gephardt McInnis Schaefer, Dan Neal Schumer Watkins Chenoweth Kleczka Ros-Lehtinen Gillmor McIntosh Schaffer, Bob Northup Scott Waxman Clement Klink Royce Goode McIntyre Sensenbrenner Nussle Serrano Weldon (FL) Coburn Kucinich Ryun Gordon McKeon Shadegg Oxley Sessions Wexler Combest Largent Salmon Goss McKinney Smith (MI) Packard Shaw White Condit LaTourette Sanders Graham McNulty Smith (NJ) Pastor Shays Wolf Crapo Lewis (KY) Saxton Green Meek Smith, Linda Paxon Sherman Young (FL) Danner Lipinski Scarborough Gutierrez Menendez Snowbarger Pease Shimkus DeFazio LoBiondo Schaefer, Dan Hall (OH) Metcalf Solomon Peterson (MN) Shuster Doolittle Lucas Schaffer, Bob Spence Doyle Manzullo Sessions Hall (TX) Mica NOT VOTING—20 Hansen Millender- Spratt Emerson Martinez Skelton Harman McDonald Stabenow Andrews Inglis Taylor (MS) English Mascara Smith (NJ) Hastert Miller (CA) Stark Ballenger Kilpatrick Taylor (NC) Ensign McCarthy (NY) Smith, Linda Hastings (WA) Miller (FL) Stearns Cubin Kingston Towns Everett McHale Snowbarger Hayworth Mink Stenholm Deutsch Rush Velazquez Ewing McHugh Solomon Hefley Molinari Strickland Diaz-Balart Sanford Wise Filner McInnis Spence Herger Moran (KS) Stump Furse Schiff Yates Foley McKeon Stark Hill Moran (VA) Stupak Hoekstra Smith (OR) Forbes McKinney Stump Hilleary Murtha Sununu b 1748 Gallegly McNulty Talent Hilliard Myrick Talent Gephardt Metcalf Tiahrt Holden Nethercutt Tauzin The Clerk announced the following Gibbons Mica Traficant Hostettler Neumann Thompson pairs: Goode Miller (CA) Walsh Hoyer Ney Thornberry Goodling Mink Wamp Thune On this vote: Goss Moran (KS) Waters Hulshof Norwood ´ Hunter Oberstar Tiahrt Ms. Velazquez for, with Mr. Deutsch Graham Moran (VA) Watts (OK) Hutchinson Obey Torres against. Gutierrez Myrick Weldon (FL) Istook Olver Traficant Mrs. Cubin for, with Mr. Kingston against. Hall (TX) Neumann Weller Jackson-Lee Ortiz Upton Mr. Sanford for, with Mr. Smith of Oregon Hansen Ney Whitfield (TX) Owens Walsh against. Hayworth Norwood Young (AK) Wamp Hefley Oberstar Jefferson Pallone Mr. HOBSON, Mr. LAFALCE, and Ms. Jones Pappas Waters NOES—280 Kanjorski Parker Watt (NC) SLAUGHTER changed their vote from Kaptur Pascrell Watts (OK) ‘‘aye’’ to ‘‘no.’’ Ackerman Coble Frost Kildee Paul Weldon (PA) Messrs. RAHALL, BRADY, McGOV- Aderholt Collins Ganske Kim Payne Weller ERN, and FOX of Pennsylvania Allen Conyers Gejdenson Weygand Archer Cook Gekas King (NY) Pelosi changed their vote from ‘‘no’’ to ‘‘aye.’’ Kleczka Peterson (PA) Whitfield Armey Cooksey Gilchrest Klink Petri Wicker So the amendment was agreed to. Baesler Costello Gillmor Kucinich Pickering Woolsey The result of the vote was announced Barrett (NE) Cox Gilman LaHood Pombo Wynn as above recorded. Barrett (WI) Coyne Gonzalez Largent Pomeroy Young (AK) Barton Cramer Goodlatte PERSONAL EXPLANATION Bass Crane Gordon NOES—193 Mr. WELDON of Florida. Mr. Chairman, dur- Bateman Cummings Granger ing the vote on the Kaptur amendment my Becerra Cunningham Green Ackerman Conyers Gonzalez Bentsen Davis (FL) Greenwood Allen Cooksey Goodlatte vote should have been recorded as a ``yea'' Bereuter Davis (IL) Gutknecht Armey Coyne Goodling vote for the amendment. My vote was inad- Berman Davis (VA) Hall (OH) Baesler Crane Granger vertently recorded as a ``no'' vote and I would Berry Deal Hamilton Barrett (NE) Cummings Greenwood like for the RECORD to show that I was in favor Bishop DeGette Harman Barton Cunningham Gutknecht Blagojevich Delahunt Hastert Bass Davis (FL) Hamilton of the Kaptur amendment. This amendment Bliley DeLauro Hastings (FL) Bateman Davis (IL) Hastings (FL) will provide small businesses and inventors Blumenauer DeLay Hastings (WA) Becerra Davis (VA) Hefner with the protections that they need and de- Blunt Dellums Hefner Bentsen DeGette Hinchey serve. Boehlert Dickey Hilleary Berman Delahunt Hinojosa Boehner Dicks Hilliard Berry Dicks Hobson AMENDMENT OFFERED BY MR. HUNTER Bonilla Dingell Hinchey Blagojevich Dingell Hooley The CHAIRMAN pro tempore (Mr. Borski Dixon Hinojosa Bliley Doggett Horn BARRETT of Nebraska). The pending Boswell Doggett Hobson Blumenauer Dooley Houghton business is the demand for a recorded Boucher Dooley Hooley Blunt Dreier Hyde Boyd Dreier Horn Boehlert Dunn Jackson (IL) vote on the amendment offered by the Brady Duncan Houghton Boehner Edwards Jenkins gentleman from California [Mr. HUN- Brown (CA) Dunn Hutchinson Borski Ehlers John TER] on which further proceedings were Brown (FL) Edwards Hyde Boswell Ehrlich Johnson (CT) postponed and on which the noes pre- Bryant Ehlers Jackson (IL) Boucher Engel Johnson (WI) Bunning Ehrlich Jefferson Brown (CA) Eshoo Johnson, E. B. vailed by voice vote. Burr Engel Jenkins Bryant Etheridge Johnson, Sam The Clerk will designate the amend- Buyer Eshoo John Bunning Evans Kasich ment. Callahan Etheridge Johnson (CT) Burr Farr Kelly The Clerk designated the amend- Camp Evans Johnson (WI) Burton Fawell Kennedy (MA) Canady Farr Johnson, E.B. Buyer Fazio Kennedy (RI) ment. Cannon Fattah Johnson, Sam Callahan Flake Kennelly RECORDED VOTE Capps Fawell Kasich Camp Foglietta Kind (WI) The CHAIRMAN pro tempore. A re- Cardin Fazio Kelly Canady Ford Klug corded vote has been demanded. Carson Flake Kennedy (MA) Cannon Frank (MA) Knollenberg Castle Foglietta Kennedy (RI) Capps Frelinghuysen Kolbe A recorded vote was ordered. Chabot Ford Kennelly Carson Frost LaFalce The CHAIRMAN pro tempore. This is Chambliss Fowler Kim Castle Ganske Lampson a 5-minute vote. Christensen Fox Kind (WI) Chabot Gekas Lantos The vote was taken by electronic de- Clay Frank (MA) Klug Chambliss Gibbons Latham Clayton Franks (NJ) Knollenberg Clement Gilchrest Lewis (CA) vice, and there were—ayes 133, noes 280, Clyburn Frelinghuysen Kolbe Coble Gilman Lewis (GA) not voting 20, as follows: H1742 CONGRESSIONAL RECORD — HOUSE April 23, 1997 LaFalce Owens Shuster Is a separate vote demanded on any nays are ordered, or on which the vote LaHood Oxley Sisisky Lampson Packard Skaggs amendment to the committee amend- is objected to under clause 4 of rule Lantos Parker Skeen ment in the nature of a substitute XV. Latham Pastor Slaughter adopted by the Committee of the Such rollcall votes, if postponed, will Lazio Paul Smith (MI) Whole? If not, the question is on the be taken on Thursday, April 24, 1997. Leach Paxon Smith (TX) Levin Payne Smith, Adam amendment. f Lewis (CA) Pease Snyder The amendment was agreed to. Lewis (GA) Pelosi Souder The bill was ordered to be engrossed EXPRESSING THE SENSE OF CON- Linder Peterson (MN) Spratt GRESS WITH RESPECT TO SIG- Livingston Peterson (PA) Stabenow and read a third time, was read the Lofgren Pickering Stearns third time, and passed, and a motion to NIFICANCE OF MAINTAINING Lowey Pickett Stenholm reconsider was laid on the table. HEALTH AND STABILITY OF Luther Pitts Stokes CORAL REEF ECOSYSTEMS Maloney (CT) Porter Strickland f Maloney (NY) Portman Stupak Mr. SAXTON. Mr. Speaker, I move to Manton Poshard Sununu PERSONAL EXPLANATION suspend the rules and agree to the con- Markey Price (NC) Tanner Mr. SMITH of Oregon. Mr. Speaker, unfortu- Matsui Pryce (OH) Tauscher current resolution (H.Con. Res. 8) ex- McCarthy (MO) Quinn Tauzin nately, I was unable to be present during con- pressing the sense of Congress with re- McCollum Ramstad Thomas sideration of H.R. 400 today. As a cosponsor spect to the significance of maintain- McCrery Rangel Thompson of this bill, however, I feel it is important for ing the health and stability of coral McDade Reyes Thornberry McDermott Riggs Thune me to let my intentions be known on this im- reef ecosystems, as amended. McGovern Rodriguez Thurman portant matter. Therefore, I would like to state The Clerk read as follows: McIntosh Roemer Tierney for the RECORD that, had I been present, I H. CON. RES. 8 McIntyre Rogan Torres would have voted against all of the amend- Meehan Rogers Turner Whereas coral reefs are among the world’s Meek Rothman Upton ment to H.R. 400 and supported final passage most biologically diverse and productive ma- Menendez Roukema Vento of the bill. rine habitats, and are often described as the Millender- Roybal-Allard Visclosky f tropical rain forests of the oceans; McDonald Sabo Watkins Whereas healthy coral reefs provide the Miller (FL) Sanchez Watt (NC) Minge Sandlin Waxman AUTHORIZING THE CLERK TO basis for subsistence, commercial fisheries, Moakley Sawyer Weldon (PA) MAKE CORRECTIONS IN EN- and coastal and marine tourism and are of Molinari Schumer Wexler GROSSMENT OF H.R. 400, 21ST vital economic importance to coastal States Mollohan Scott Weygand CENTURY PATENT SYSTEM IM- and territories of the United States includ- Morella Sensenbrenner White PROVEMENT ACT ing Florida, Hawaii, Georgia, Texas, Puerto Murtha Serrano Wicker Rico, the Virgin Islands, Guam, American Nadler Shadegg Wolf Mr. COBLE. Mr. Speaker, I ask unan- Samoa, and the Commonwealth of the North- Neal Shaw Woolsey Nethercutt Shays Wynn imous consent that in the engrossment ern Mariana Islands; Northup Sherman Young (FL) of the bill, H.R. 400, the Clerk be au- Whereas healthy coral reefs function as Nussle Shimkus thorized to correct section numbers, natural, regenerating coastal barriers, protecting shorelines and coastal areas from NOT VOTING—20 punctuation, and cross-references, and high waves, storm surges, and accompanying Andrews Inglis Taylor (MS) to make such other technical and con- losses of human life and property; Ballenger Kilpatrick Taylor (NC) forming changes as may be necessary Whereas the scientific community has long Cubin Kingston Towns to reflect the actions of the House in established that coral reefs are subject to a Deutsch Rush Velazquez Diaz-Balart Sanford Wise amending the bill. wide range of natural and anthropogenic Furse Schiff Yates The SPEAKER pro tempore. Is there threats; Hoekstra Smith (OR) objection to the request of the gen- Whereas the United States has taken measures to protect national coral reef re- b 1757 tleman from North Carolina? There was no objection. sources through the designation and man- The Clerk announced the following agement of several marine protected areas, pair: On this vote: f containing reefs of the Flower Garden Banks in the Gulf of Mexico, the Florida Keys in Mrs. Cubin for, with Mr. Kingston against. GENERAL LEAVE So the amendment was rejected. south Florida, and offshore Hawaii, Puerto The result of the vote was announced Mr. COBLE. Mr. Speaker, I ask unan- Rico, the Virgin Islands, and American imous consent that all Members may Samoa; as above recorded. Whereas the United States, acting through The CHAIRMAN pro tempore. Are have 5 legislative days within which to revise and extend their remarks on its agencies, has established itself as a global there other amendments? leader in coral reef stewardship by launching If not, the question is on the commit- H.R. 400. the International Coral Reef Initiative and tee amendment in the nature of a sub- The SPEAKER pro tempore. Is there by maintaining professional networks for the stitute as modified, as amended. objection to the request of the gen- purposes of sharing knowledge and informa- The committee amendment in the tleman from North Carolina? tion on coral reefs, furnishing near real-time nature of a substitute as modified, as There was no objection. data collected at coral reef sites, providing a amended, was agreed to. f repository for historical data relating to The CHAIRMAN pro tempore. Under coral reefs, and making substantial contribu- the rule, the Committee rises. WITHDRAWAL OF NAME OF MEM- tions to the general fund of coral reef knowl- BER AS COSPONSOR OF H.R. 1062 edge; and b 1800 Whereas 1997 has been declared the ‘‘Inter- Accordingly, the Committee rose; Mr. GIBBONS. Mr. Speaker, I ask national Year of the Reef’’ by the coral reef and the Speaker pro tempore (Mr. unanimous consent that my name be research community and over 40 national and international scientific, conservation, KOLBE), having assumed the chair, Mr. withdrawn as a cosponsor of H.R. 1062. The SPEAKER pro tempore. Is there and academic organizations: Now, therefore, LAHOOD, Chairman of the Committee be it of the Whole House on the State of the objection to the request of the gentleman from Nevada? Resolved by the House of Representatives (the Union, reported that that Committee, Senate concurring), That the Congress recog- having had under consideration the There was no objection. nizes the significance of maintaining the bill, (H.R. 400) to amend title 35, United f health and stability of coral reef ecosystems, States Code, with respect to patents, by— ANNOUNCEMENT BY THE SPEAKER and for other purposes, pursuant to (1) promoting comprehensive stewardship PRO TEMPORE House Resolution 116, he reported the for coral reef ecosystems; bill back to the House with an amend- The SPEAKER pro tempore. Pursu- (2) encouraging research, monitoring, and ant to the provisions of clause 5 of rule assessment of and education on coral reef ment adopted by the Committee of the ecosystems; and Whole. I, the Chair announces that he will (3) improving the coordination of coral reef The SPEAKER pro tempore. Under postpone further proceedings today on efforts and activities of Federal agencies, the rule, the previous question is or- each motion to suspend the rules on academic institutions, nongovernmental ordered. which a recorded vote or the yeas and ganizations, and industry. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1743 The SPEAKER pro tempore. Pursu- Year of the Reef. I would like to just mutlimillion dollar tourism industry, and some ant to the rule, the gentleman from simply state for the record and for the efforts to practice ecotourism have been im- New Jersey [Mr. SAXTON] and the gen- benefit of the Members who may not be plemented by the industry. However, reef con- tleman from Hawaii [Mr. ABERCROMBIE] fully aware of the items contained in ditions around the islands need much more at- each will control 20 minutes. the resolution, that this sense of the tention if they are to improve. For example, The Chair recognizes the gentleman Congress statement is aimed at main- reefs around the island of Maui are being en- from New Jersey [Mr. SAXTON]. taining the health and stability of dangered by shoreline development and (Mr. SAXTON asked and was given coral reef ecosystems. human pressuresÐanchoring, pollution from permission to revise and extend his re- We intend to do that by promoting boats and water users, and fishing exer- marks.) comprehensive stewardship for coral cisesÐas well as fish feeding, according to Mr. SAXTON. Mr. Speaker, I yield reef systems, for encouraging research, the coral reef research study administered by myself such time as I may consume. monitoring, and assessment of and edu- the Pacific Whale Foundation and funded by Mr. Speaker, I appreciate the sched- cation on coral reef ecosystems, and Earthwatch annually since 1989. uling of House Concurrent Resolution approving the coordination of the coral During the International Year of the Reef, 8, the coral reef protection resolution reef efforts and activities of Federal we must make conscientious efforts toward of 1997, for consideration this after- agencies, academic institutions, non- preservation of our coral reefs. Extensive noon. governmental organizations, and indus- stewardship of and research and education Mr. Speaker, with the able help of try. about coral reefs by government agencies, my comrade in arms, the gentleman Mr. Speaker, this is truly a public- nongovernmental organizations, academic in- from Hawaii [Mr. ABERCROMBIE], I in- private partnership which will have stitutions, industry, and our own communities troduced this resolution in early Janu- benefits not only for the reef systems is necessary to save our beautiful reefs. ary. themselves, but for all the people on I strongly urge my colleagues to add their Mr. Speaker, in addition to their the planet with respect to continued support to House Concurrent Resolution 8 and colorful beauty and ecological signifi- recognition of our dependency on one vote to pass this significant resolution. cance, healthy coral reefs provide nu- another. Ms. CHRISTIAN-GREEN. Mr. Speaker, I merous economic benefits to the Unit- Mrs. MINK of Hawaii. Mr. Speaker, I rise as thank my colleague for yielding time to me ed States and our territories. They sup- one of the cosponsors of House Concurrent and ask unanimous consent to revise and export commercial and recreational fish- Resolution 8, which expresses the sense of tend my remarks. eries, they are tourist attractions; they Congress regarding the importance of main- Mr. Speaker, I rise today in strong support provide us with biomedicines and serve taining the health and stability of our coral reef of House Concurrent Resolution 8 and I ask as natural protection for our coast- ecosystems. This resolution is particularly ap- my colleagues to join with me and the pro- lines. However, coral reefs are in a propriate as we celebrate the International ponents of this resolution in expressing the state of decline, not only in United Year of the Reef in 1997. sense of Congress of the significance of main- States waters but worldwide. Without Coral reefs, both in U.S. and international taining the health and stability of coral reef proper understanding of what is caus- waters, face dire threats to basic functions ecosystems. I want to also commend my col- ing this degradation, it is difficult to needed to maintain them as natural and stable leagues on the Resources Committee, the determine how best to combat or re- reef ecosystems. Pollution from chemicals and chairman and ranking member of the Sub- verse it. human waste disrupt normal behaviors of or- committee on Fisheries, Wildlife and Oceans, To this end, House Concurrent Reso- ganisms making up coral communities in Mr. SAXTON and Mr. ABERCROMBIE for their lution 8 makes a clear and forceful reefs. Overfishing disturbs the precarious bal- leadership in bringing this resolution to the statement in support of further re- ance in marine ecosystems of which coral floor today. search, monitoring, and education with reefs are an integral part. Overuse by indus- House Concurrent Resolution 8 recognizes regard to coral reefs. It also encourages tries using coral products in their processing that our country has taken certain measures to cooperation and coordination among and merchandise destroy and damage sec- protect national coral reefs through the des- U.S. agencies, academic institutions, tions of the reef, as does indifference and ignation and management of several under- nongovernmental organizations and in- careless handling of the reef during activities water national parks. One such national coral dustry that are involved in research on such as water recreation and fishing. reef site is the Buck Island National Monument reef management and conservation ac- Statistics about the destruction of the situated off the northeast coast of St. Croix in tivities. world's coral reefs cited by the National Oce- my district, the U.S. Virgin Islands. Finally, this legislation honors the anic and Atmospheric Administration [NOAA] Buck Island Reef National Monument was fact that in 1997, it has been declared should be of great concern. NOAA estimates established in 1961 through a proclamation is- the Year of the International Reef by a that about two-thirds of coral reefs globally are sued by President Kennedy to preserve ``one global community of coral reef sci- dying, with 10 percent degraded beyond re- of the finest marine gardens in the Caribbean entists, conservationists, and natural covery, 30 percent in critical condition and Sea''. Since that time, this and other local reef resource managers. Through the suc- predicted to die in the next 10 to 20 years, systems have been struggling against the on- cessful passage of this resolution, Con- and another 30 percent forecasted to perish slaught of several major hurricanes, nonpoint gress will join this effort in promoting by 2050. source pollution and other damaging influ- understanding and awareness of coral In the Central Pacific Ocean region, nuclear ences. To determine the present and future reef ecosystems. Congressional support testing and military base construction at health of one the Caribbean's most significant for this resolution is bipartisan, com- Enewetak and Bikini in the Marshall Islands, coral reef ecosystems the National Park Serv- ing from 40 Members who represent and military construction and warfare at Ulithi, ice has established a research/monitoring pro- both coastal and noncoastal districts. Kanton, Palmyra, Wake, Tarawa, Chuuk, gram at Buck Island. Since the inception of Along with other positive environ- Kwajalein, Mili, Jaluit, Johnston, and Funafuti the monitoring program, over 350 individual mental legislation that will be consid- permanently damaged coral reefs, or left them coral colonies have been tagged and are ered by Congress this year, this de- in the condition to warrant longterm recovery, being monitored. serves our favorable consideration. according to the University of Hawaii Sea This past weekend I had the opportunity, Mr. Speaker, I reserve the balance of Grant College Program. Additional reports along with two of my colleagues, to visit the my time. have included evidence of reef degradation by Buck Island National Monument and can re- (Mr. ABERCROMBIE asked and was illegal or destructive harvesting of reef report firsthand of the magnificence of this price- given permission to revise and extend sources, which has also led to depletion of less resource and of the healthy signs of re- his remarks.) giant clams, sharks, other finish, dugongs, covery of the corals following the damage to Mr. ABERCROMBIE. Mr. Speaker, I crocodiles, sea turtles, coconut crabs, lob- them by the recurring hurricanes. I want to yield myself such time as I may sters, and other shellfish coexisting with reef thank National Park Service Biological Techni- consume. ecosystems. cian Zandy-Marie Starr for her assistance in Mr. Speaker, I think that the gen- Mitigation of threats to coral reefs are espe- helping us understanding the unique features tleman from New Jersey [Mr. SAXTON], cially critical to my State of Hawaii, which is of the Buck Island Reef National Monument. in his usual manner, has stated the home to some of the most exquisite reefs in Mr. Speaker, 1997 has been declared the case very well for the International the world. Reef health is vital to Hawaii's International Year of the Reef by the coral reef H1744 CONGRESSIONAL RECORD — HOUSE April 23, 1997 research community and over 40 national and time for us to pay attention to the many prob- The question was taken; and (two- international scientific, conservation, and aca- lems plaguing coral reefs, and seek practical thirds having voted in favor thereof) demic organizations. I urge my colleagues to solutions to those threats? If we don't do the rules were suspended and the con- join me in expressing our support for the pres- something soon, there may not be any reefs current resolution, as amended, was ervation of coral reefs by voting ``yes'' on left to save. agreed to. House Concurrent Resolution 8. I yield back I urge the House to support the resolution The title of the concurrent resolution the balance of my time. and I hope we will continue in the coming was amended so as to read: ‘‘Concur- Mr. YOUNG of Alaska. Mr. Speaker, I rise months to take action to address the coral reef rent resolution recognizing the signifi- in strong support of House Concurrent Resolu- crisis. cance of maintaining the health and tion 8, the Coral Reef Protection Resolution of Mrs. MEEK of Florida. Mr. Speaker, I rise to stability of coral reef ecosystems.’’. 1997. express my strong support for House Concur- A motion to reconsider was laid on Interestingly enough, Alaska has the distinc- rent Resolution 8, the Protect Coral Reef the table. tion of being the northernmost point in the Pa- Ecosystems resolution. f cific which supports coral growth. A variety of I am particularly moved to speak on this corals live in the Gulf of Alaska, along the subject because, my State, Florida, is the only GENERAL LEAVE Aleutian chain, and in the Bering Sea. How- State in the continental United States with nat- Mr. SAXTON. Mr. Speaker, I ask ever, due to cold water temperatures, these ural coral reef communities. unanimous consent that all Members corals are unable to create extensive reef This resolution seeks to preserve this natu- may have 5 legislative days within structures. ral marine resource by providing comprehen- which to revise and extend their re- House Concurrent Resolution 8 is non- sive protection from natural and manmade de- marks and include extraneous matter controversial and has broad bipartisan sup- struction. on the concurrent resolution just port. It deserves favorable consideration in This measure articulates Congress' recogni- agreed to. both Chambers of Congress, and I urge you to tion of the importance of maintaining the The SPEAKER pro tempore. Is there vote ``aye'' on this important measure. health and stability of coral reef ecosystems. objection to the request of the gen- Mr. MILLER of California. Mr. Speaker, I'm The bill also encourages research, edu- tleman from New Jersey? pleased that we are considering House Con- cation, and management efforts by Federal There was no objection. current Resolution 8 today. The global crisis in agencies, academic institutions, nongovern- f coral reef health is an important issue that has mental organizations, and private industry to received little recent attention in Congress. I further this effort. REMOVAL OF NAME OF MEMBER commend the Fisheries Subcommittee Chair- Although most people know that coral reefs AS COSPONSOR OF H.R. 1031 man, Mr. SAXTON, for introducing the resolu- are one of our most precious and fragile ma- Mr. KUCINICH. Mr. Speaker, I ask tion, of which I am an original cosponsor. rine resources, the benefits derived from coral unanimous consent to have my name Coral reefs are one of nature's wonders. reefs are probably less known. removed as a cosponsor of H.R. 1031. While they provide important physical habitat Coral reefs are valuable sources of bio- The SPEAKER pro tempore. Is there for ecologically and economically important medical chemicals. The use of coral reefs as objection to the request of the gen- species, the reef itself is also a living struc- a source of new chemicals for anticancer tleman from Ohio? ture. And, as a living structure, thousandsÐ treatments is especially promising. There was no objection. perhaps millionsÐof individual coral animals The life of coral reefs are at once fragile f are dying and others are taking their place on and dynamic. It takes 100 years to grow one the reef at any one time. inch of coral reefÐand decades to rehabilitate AFRICAN ELEPHANT CONSERVA- The problem is that now human activities damaged reefs. This kind of sustained instabil- TION REAUTHORIZATION ACT OF have shifted that balance and coral reefs are ity is further justification for strong protective 1997 dying off at an alarming rate worldwide. Corals measures. Mr. SAXTON. Mr. speaker, I move to We are now certain that the loss of these are very sensitive to water pollution, sedi- suspend the rules and pass the bill natural wonders has implications for other or- mentation, damage from boat groundings, and (H.R. 39) to reauthorize the African ganisms. Without coral reefs, many lesser or- even simple physical contact by divers. Coral Elephant Conservation Act. ganisms would disappear. Likewise the abun- reefs are, in a sense, the canary in the coal The Clerk read as follows: mine of the oceans. dance of other valuable marine species would A great deal of injury is being inflicted on also be substantially affected. H.R. 39 coral reefs, mainly in southeast Asia, through The world's coral reefs are subject to a myr- Be it enacted by the Senate and House of Rep- easily preventable, largely illegal fishing tech- iad of threats including natural damage resentatives of the United States of America in Congress assembled, niques. Cyanide and other poisons are being caused by humans and extreme weather con- used to stun and capture fish for the aquarium ditions, as well as damage resulting from tour- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘African Ele- trade and for the live food fish trade. These ism activities, commercial harvests, vessel phant Conservation Reauthorization Act of chemicals kill nearby coral, and divers scram- groundings, and pollution. 1997’’. bling to get fish out of nooks and crannies in Even though underwater national parks SEC. 2. REAUTHORIZATION OF AFRICAN ELE- the reef often inflict further damage on the have been established by Congress in the PHANT CONSERVATION ACT. reef. Gulf of Mexico and the Florida Keys, it is still Section 2306 of the African Elephant Con- Most of the aquarium fish captured in this critical that we move decisively to protect this servation Act (16 U.S.C. 4245) is amended by way end up in hobbyists' tanks in the United vital natural resource. striking ‘‘fiscal years’’ and all that follows States. So this is not just a foreign problem; The protection of coral reefs is good for through ‘‘1998’’ and inserting ‘‘fiscal years we have to take some responsibility for our tourism, biomedical research, pharmaceutical 1997, 1998, 1999, 2000, 2001, and 2002’’. consumer actions that are driving these prac- production, and good for the future of our chil- The SPEAKER pro tempore. Pursu- tices. dren. ant to the rule, the gentleman from I have introduced legislation myself, House I urge support for this measure. New Jersey [Mr. SAXTON] and the gen- Resolution 87, to address the specific problem Mr. ABERCROMBIE. Mr. Speaker, I tleman from Hawaii [Mr. ABERCROMBIE] of unsustainable coral reef fisheries. I under- have no further requests for time, and each will control 20 minutes. stand that the Fisheries Subcommittee will I yield back the balance of my time. The Chair recognizes the gentleman hold a hearing on that resolution next month, Mr. SAXTON. Mr. Speaker, I have no from New Jersey [Mr. SAXTON]. and I hope that it will be marked up shortly further requests for time, and I yield (Mr. SAXTON asked and was given thereafter. back the balance of my time. permission to revise and extend his re- Both of these resolutions share a common The SPEAKER pro tempore. The marks.) purpose. They are intended to bring the global question is on the motion offered by Mr. SAXTON. Mr. Speaker, I yield plight of coral reefs before Congress, raise the the gentleman from New Jersey [Mr. myself such time as I may consume. level of awareness of policy makers, and ask SAXTON] that the House suspend the Mr. Speaker, I am pleased to rise in us to do more. The scientific and environ- rules and agree to the concurrent reso- support of this bill. Mr. Speaker, H.R. mental communities have declared 1997 the lution, House Concurrent Resolution 8, 39 was introduced by our full commit- International Year of the Reef. What better as amended. tee chairman, the gentleman from April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1745

Alaska, DON YOUNG, and was cospon- committee chair, the importance Mr. ABERCROMBIE. Mr. Speaker, sored by our distinguished Speaker, the which the Speaker and the chairman does the gentleman think he could get gentleman from Georgia, NEWT GING- and the subcommittee chair place on unanimous consent on that? RICH. conserving African elephants, and I Mr. SAXTON. The gentleman will be The fundamental goal of H.R. 39 is most certainly commend them for interested to know that we just held quite simple: It is simply to extend the moving expeditiously to reauthorize the second in a series of five hearings authority of the Secretary of the Inte- the African Elephant Conservation that had to do with how we were fund- rior to allocate Federal money from Act. ing our wildlife refuge system. And we the African elephant conservation fund I would hope, Mr. Speaker, in conclu- could use some help, I might say, from until September 30, 2002. sion, especially that the young people the Committee on the Budget with re- At our subcommittee hearing in of this country would pay particular gard to some of those issues. March we heard from witnesses regard- attention, given the fact that we have Mr. CUNNINGHAM. Mr. Speaker, I rise ing the various grant projects their or- before us the situation with the panda today in support of the African Elephant Con- ganizations have sponsored to assist in at the Washington Zoo now undergoing servation Reauthorization Act (H.R. 39). This the conservation of the African ele- an operation with species throughout important piece of legislation will continue phant. The results of these projects the United States and the rest of the America's commitment to worldwide elephant were discussed, and how additional world in zoos finding themselves under conservation. I would also like to congratulate funds authorized by H.R. 39 would be extreme stress and duress. With popu- Chairman YOUNG for bringing this important spent in the future. lations of animals such as the elephant legislation forward. H.R. 39, I believe, Mr. Speaker, is experiencing similar calamities and H.R. 39 will reauthorize the African Elephant noncontroversial. It is a conservation difficulties throughout the world, I Conservation Act through the year 2002. The measure. It will help to save the flag- think that it is incumbent upon us to continuation of this important and successful ship species of the African Continent. I help other nations and other people program will preserve America's leadership to ask all Members to join in supporting find ways to have conservation and conserve and restore African elephant herds the bill. preservation efforts be made manifest in their native habitat. The future survival of Mr. Speaker, I reserve the balance of in more than just the abstract. African elephants depends upon America's my time. We do not want to find ourselves re- leadership, and our small but crucial amount b 1815 duced to finding reruns of National Ge- of financial support. The AECA has been responsible for rescu- ographic specials or Discovery Channel Mr. ABERCROMBIE. Mr. Speaker, I ing African elephants from the path to extinc- programs constituting or, for that mat- yield myself such time as I may tion. As we all know during the 1970's and ter, observing animal acts in Las Vegas consume. 1980's, African elephant populations declined as the sole preservation effort that is (Mr. ABERCROMBIE asked and was from around 1.5 million to 600,000 animals. made by this species with regard to the given permission to revise and extend Drought, shrinking habitat, and expanding rest of the species on the planet. his remarks.) human populations had some part in the de- This particular act, this reauthoriza- Mr. ABERCROMBIE. Mr. Speaker, I, cline of the population. But by the mid-1980's, tion act, is a serious effort made on a too, with the gentleman from New Jer- rampant and efficient poaching of elephants bipartisan basis by serious minded sey [Mr. SAXTON], rise to support H.R. for the world ivory trade was found most di- Members who want to see to it that we 39, the African Elephant Conservation rectly responsible for elephants' Reauthorization Act of 1997. set a standard; with this act we are endangerment. I might take a moment, Mr. Speaker, doing it. If we can take similar meas- The passage of the AECA reversed that to ask the Chamber to reflect on the ures with other species throughout the downward trend of elephant populations. A fact that not only does Mr. SAXTON world, I look forward to the time when large part of the success of the AECA comes support this resolution but the gen- we can say with some confidence that from the effectiveness of the African Elephant tleman from Georgia, Mr. GINGRICH, we have made moves and taken steps Conservation Fund. This Fund, which is ad- the gentleman from Alaska, Mr. to see to it that conservation is more ministered by the United States Fish and Wild- YOUNG, myself and the gentleman from than just a word. life Service, has provided nearly $7 million California, Mr. MILLER, all support it. I I commend the gentleman from New during 9 years to elephant conservation do not know if we are ever going to Jersey, [Mr. SAXTON], for bringing this projects throughout Africa, through 66 grants achieve that position again. bill forward and am very grateful for to 50 projects in 17 countries. Each of these We may want to pause for a moment the cooperation that he and the staff of projects has received matching support from of silence at this point, reverence for the committee have extended on this organizations like Safari Club International, the the question of bipartisanship. It sure- bill and for all the Members who have Wildlife Conservation Society, the African Sa- ly can take place and it does take place expressed support. fari Club of Washington, DC, and others. Less over the African elephant. I think we Mr. SAXTON. Mr. Speaker, I yield than one half of this has been Federal fund- could probably extend that to the don- myself such time as I may consume. I ing. Our Federal commitment leverages and key and the elephant in the United would like to thank the gentleman coordinates private sector support for elephant States, but I am not sure about the from Hawaii [Mr. ABERCROMBIE] for the conservation. former as opposed to the latter. bipartisanship with which we have The focus of the conservation fund was In any event, Mr. Speaker, it is the been able to handle these two bills and originally on antipoaching efforts. However, in African Elephant Conservation Reau- the staff on both sides. the last few years, the projects have focused thorization Act, and it is literally I might say, Mr. Speaker, it appears on elephant population research, efforts to deadly serious business we are about on to me like we are moving rapidly to- mitigate elephant/human conflict, investiga- this floor today. wards some other bipartisan agree- tions of the ivory trade, cataloging of ivory I support the African Elephant Con- ments on some other bills that have to stockpiles, and identifying new techniques for servation Act and its purpose in per- do with wildlife management on the elephant management. petuating healthy populations of Afri- domestic side. In addition the fund helps local villages, who can elephants. I am concerned that Mr. ABERCROMBIE. Mr. Speaker, often live in fear of elephants, to coexist and other U.S. funded programs that may will the gentleman yield? benefit from the long term conservation of ele- impact the African elephant may not Mr. SAXTON. I yield to the gen- phants. This is an important step. As rural be working towards this purpose as ex- tleman from Hawaii. farmers in Africa begin to accumulate eco- pressed by the act. I hope that the U.S. Mr. ABERCROMBIE. Mr. Speaker, nomic gains brought by the wildlife around Fish and Wildlife Service and the Unit- under the question of wildlife manage- them, they will find it in their best interest to ed States Agency for International De- ment, perhaps we can get the Commit- conserve that same wildlife. In the long run, velopment will work cooperatively to- tee on the Budget members in and this will reduce the high cost of conservation wards the ends of African elephant con- make an amendment to this resolution. and save elephants from extinction. servation. Mr. SAXTON. Mr. Speaker, we could Mr. Speaker, the African Elephant Con- I appreciate the importance of the certainly call on them for their co- servation Fund has been a tremendous suc- Speaker, the chairman and the sub- operation. cess. I encourage all my colleagues to vote H1746 CONGRESSIONAL RECORD — HOUSE April 23, 1997 H.R. 39 and support this important and suc- grams work toward the act's purpose of per- SECTION 1. SHORT TITLE. cessful program. petuating healthy populations of African ele- This Act may be cited as the ‘‘Southern Mr. YOUNG of Alaska. Mr. Speaker, as the phants. Nevada Public Land Management Act of 1997’’. sponsor of H.R. 39, I rise in strong support of Despite the achievements seen so far, I am this important conservation legislation to reau- SEC. 2. FINDINGS AND PURPOSE. concerned about the coordination and man- (a) FINDINGS.—The Congress finds the fol- thorize the African Elephant Conservation agement of U.S. funded elephant conservation lowing: Fund. I am pleased that I have been joined in efforts. Programs that impact African elephant (1) The Bureau of Land Management has this effort by Speaker NEWT GINGRICH and our populations are funded by both this act and extensive land ownership in small and large colleague from California, DUKE CUNNINGHAM. the United States Agency for International De- parcels interspersed with or adjacent to pri- For the past 9 years, this fund has been the velopment, and it is not clear whether these vate land in the Las Vegas Valley, Nevada, only continuous source of new money for ele- efforts are mutually supportive. They should making many of these parcels difficult to phant conservation efforts. While the act au- be. Furthermore, it is essential that innovative manage and more appropriate for disposal. thorizes up to $5 million per year, in reality the (2) In order to promote responsible and or- programs and management decisions are well derly development in the Las Vegas Valley, Congress has annually appropriated less than grounded in science and sound management certain of those Federal lands should be sold $900,000 to save and conserve this flagship practices, and are effective in increasing ele- by the Federal Government based on rec- species of the African Continent. phant populations. We must ensure that all ommendations made by local government This money has been used to finance some United States funded programs work toward and the public. 50 conservation projects in 17 range states the same endsÐthe conservation of African (3) The Las Vegas metropolitan area is the throughout Africa. These projects have been elephants. fastest growing urban area in the United sponsored by a diverse group of conservation I appreciate the importance the Speaker, States, which is causing significant impacts organizations including the African Wildlife upon the Lake Mead National Recreation Mr. YOUNG, and Mr. SAXTON place on conserv- Area, the Red Rock Canyon National Con- Foundation, Safari Club International, South- ing African elephants, and I commend them servation Area, and the Spring Mountains ern Africa Wildlife Trust, and the World Wildlife for moving expeditiously to reauthorize the Af- National Recreation Area, which surround Fund. These funds have been used to pur- rican Elephant Conservation Act. Their support the Las Vegas Valley. chase antipoaching equipment for wildlife of this legislation reflects the strong desire by (b) PURPOSE.—The purpose of this Act is to rangers, to establish a database on elephants, the American public to preserve African ele- provide for the orderly disposal of certain to develop effective conservation plans, to un- phants. By passing this legislation, and by Federal lands in Clark County, Nevada, and to provide for the acquisition of environ- dertake various elephant population surveys, continuing to monitor all U.S. efforts support- and to move elephants from certain drought mentally sensitive lands in the State of Ne- ing elephant conservation, we can fulfill this vada. regions. desire. While the world community has been suc- SEC. 3. DEFINITIONS. Mr. SAXTON. Mr. Speaker, I have no As used in this Act: cessful in halting the widespread slaughter of further requests for time, and I yield (1) The term ‘‘Secretary’’ means the Sec- this magnificent animal, the fight to save the back the balance of my time. retary of the Interior. African elephant is far from over. It is essential Mr. ABERCROMBIE. Mr. Speaker, I (2) The term ‘‘unit of local government’’ that we extend the Secretary of the Interior's have no further requests for time, and means Clark County, the City of Las Vegas, authority to allocate money for the African ele- I yield back the balance of my time. the City of North Las Vegas, or the City of phant beyond its statutory deadline, and that The SPEAKER pro tempore (Mr. Henderson; all in the State of Nevada. (3) The term ‘‘Agreement’’ means the is the goal of H.R. 39. In fact, my bill would KOLBE). The question is on the motion reauthorize the African Elephant Conservation agreement entitled ‘‘The Interim Coopera- offered by the gentleman from New tive Management Agreement Between The Fund until September 30, 2002. Jersey [Mr. SAXTON] that the House United States Department of the Interior— Last month, the subcommittee conducted a suspend the rules and pass the bill, Bureau of Land Management and Clark hearing on H.R. 39. Testimony was obtained H.R. 39. County’’, dated November 4, 1992. from witnesses representing the administra- The question was taken; and (two- (4) The term ‘‘special account’’ means the tion, the Humane Society of the United States, thirds having voted in favor thereof) account in the Treasury of the United States Safari Club International, and the World Wild- the rules were suspended and the bill established under section 4(e)(1)(C). (5) The term ‘‘Recreation and Public Pur- life Fund. There was unanimous support for was passed. this bill, and the administration's representa- poses Act’’ means the Act entitled ‘‘An Act A motion to reconsider was laid on to authorize acquisition or use of public tive accurately stated that ``this is not a hand the table. lands by States, counties, or municipalities out, but a helping hand.'' f for recreational purposes’’, approved June 14, This is a sound piece of legislation, and this 1926 (43 U.S.C. 869 et seq.). small investment will help to ensure that our GENERAL LEAVE (6) The term ‘‘regional governmental en- largest land mammal, the African elephant, tity’’ means the Southern Nevada Water Au- Mr. SAXTON. Mr. Speaker, I ask does not disappear from this planet. It will also thority, the Regional Flood Control District, unanimous consent that all Members allow the U.S. Fish and Wildlife Service to and the Clark County Sanitation District. have 5 legislative days to revise and ex- fund a number of additional elephant con- SEC. 4. DISPOSAL AND EXCHANGE. tend their remarks on H.R. 39, the bill servation projects in the future. (a) DISPOSAL.—Notwithstanding the land I urge an ``aye'' vote on this important con- just passed. use planning requirements contained in sections 202 and 203 of the Federal Land Policy servation measure. The SPEAKER pro tempore. Is there objection to the request of the gen- and Management Act of 1976 (43 U.S.C. 1711 Mr. MILLER of California. Mr. Speaker, I and 1712), the Secretary, in accordance with support H.R. 39 which continues funding for tleman from New Jersey? There was no objection. this Act, the Federal Land Policy and Man- the African Elephant Conservation Act through agement Act of 1976, and other applicable the year 2002. Enacted in October 1988 in re- f law, and subject to valid existing rights, is sponse to the alarming decline of African ele- authorized to dispose of lands within the phants, the act has made a significant con- SOUTHERN NEVADA PUBLIC LAND boundary of the area under the jurisdiction tribution to the preservation of this threatened MANAGEMENT ACT OF 1997 of the Direction of the Bureau of Land Man- Mr. HANSEN. Mr. Speaker, I move to agement in Clark County, Nevada, as gen- species. This legislation will allow these efforts erally depicted on the map entitled ‘‘Las to continue. suspend the rules and pass the bill Vegas Valley, Nevada, Land Disposal Map’’, The African Elephant Conservation Act has (H.R. 449) to provide for the orderly dis- dated April 10, 1997. Such map shall be on file funded effective programs throughout 17 dif- posal of certain Federal lands in Clark and available for public inspection in the of- ferent African countries. Efficiently using small, County, NV, and to provide for the ac- fices of the Director and the Las Vegas Dis- strategically important grants, the act: en- quisition of environmentally sensitive trict of the Bureau of Land Management. hances elephant conservation management lands in the State of Nevada, as amend- (b) RESERVATION FOR LOCAL PUBLIC PUR- programs; supports antipoaching training and ed. POSES.— (1) RECREATION AND PUBLIC PURPOSE ACT operations; and develops sound scientific data The Clerk read as follows: CONVEYANCES.—Not less than 30 days before on elephant populations. The act promotes H.R. 449 the offering of lands for sale or exchange range-wide efforts, as well as cooperative Be it enacted by the Senate and House of Rep- pursuant to subsection (a), the State of Ne- projects that provide for matching funds from resentatives of the United States of America in vada or the unit of local government in a variety of other sources. All of these pro- Congress assembled, whose jurisdiction the lands are located may April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1747 elect to obtain any such lands for local pub- party shall provide direct payments to the (4) Clark County agrees that if any of such lic purposes pursuant to the provisions of the State of Nevada and the Southern Nevada lands are sold, leased, or otherwise conveyed Recreation and Public Purposes Act. Pursu- Water Authority in accordance with para- by Clark County, such lands shall be sold, ant to any such election, the Secretary shall graphs (1) (A) and (B). The payments shall be leased, or otherwise conveyed for fair market retain the elected lands for conveyance to based on the fair market value of the Federal value. Clark County shall contribute 85 per- the State of Nevada or such unit of the local lands to be conveyed in the exchange and cent of the gross proceeds from the sale, government in accordance with the provi- shall be considered a cost incurred by the lease, or other conveyance of such lands di- sions of the Recreation and Public Purposes non-Federal party that shall be compensated rectly to the special account. If any of such Act. by the Secretary if so provided by any agree- lands sold, leased, or otherwise conveyed by (2) RIGHTS-OF-WAY.— ment to initiate exchange. Clark County are identified on the map ref- (A) ISSUANCE.—Upon application, by a unit (B) PENDING EXCHANGES.—The provisions of erenced in section 2(a) of the Act entitled of local government or regional govern- this Act, except this subsection and sub- ‘‘An Act to provide for the orderly disposal mental entity, the Secretary, in accordance sections (a) and (b), shall not apply to any of certain Federal lands in Nevada and for with this Act and the Federal Land Policy land exchange for which an initial agree- the acquisition of certain other lands in the and Management Act of 1976, and other ap- ment to initiate an exchange was signed by Lake Tahoe Basin, and for other purposes’’, plicable provisions of law, shall issue right- an authorized representative of the exchange approved December 23, 1980 (94 Stat. 3381; of-way grants on Federal lands in Clark proponent and an authorized officer of the commonly known as the ‘‘Santini-Burton County, Nevada, for all reservoirs, canals, Bureau of Land Management prior to Feb- Act’’), the proceeds contributed to the spe- channels, ditches, pipes, pipelines, tunnels ruary 29, 1996. cial account by Clark County from the sale, and other facilities and systems needed for— (3) AVAILABILITY OF SPECIAL ACCOUNT.— lease, or other conveyance of such lands (i) the impoundment, storage, treatment, (A) IN GENERAL.—Amounts deposited in the shall be used by the Secretary of Agriculture transportation or distribution of water special account may be expended by the Sec- to acquire environmentally sensitive land in (other than water from the Virgin River) or retary for— the Lake Tahoe Basin pursuant to section 3 wastewater; or (i) the acquisition of environmentally sen- of the Santini-Burton Act. Clark County (ii) flood control management. sitive land in the State of Nevada in accord- shall contribute 5 percent of the gross pro- (B) DURATION.—Right-of-way grants issued ance with subsection (h), with priority given ceeds from the sale, lease, or other convey- under this paragraph shall be valid in per- to lands located within Clark County; ance of such lands directly to the State of petuity. (ii) capital improvements at the Lake Nevada for use in the general education pro- (C) WAIVER OF FEES.—Right-of-way grants Mead National Recreation Area, the Desert gram of the State, and the remainder shall issued under this paragraph shall not require National Wildlife Refuge, the Red Rock Can- be available for use by the Clark County De- the payment of rental or cost recovery fees. yon National Conservation Area and other partment of Aviation for the benefit of air- (3) YOUTH ACTIVITY FACILITIES.—Within 30 areas administered by the Bureau of Land port development and the Noise Compatibil- days after a request by Clark County, Ne- Management in Clark County, and the ity Program. vada, the Secretary shall offer to Clark Spring Mountains National Recreation Area; SEC. 5. ACQUISITIONS. County, Nevada, the land depicted on the (iii) development of a multispecies habitat (a) ACQUISITIONS.— map entitled ‘‘Vicinity Map Parcel 177–28– conservation plan in Clark County, Nevada; (1) DEFINITION.—For purposes of this sub- 101–020 dated August 14, 1996, in accordance (iv) development of parks, trails, and natu- section, the term ‘‘environmentally sensitive with the Recreation and Public Purposes Act ral areas in Clark County, Nevada, pursuant land’’ means land or an interest in land, the for the construction of youth activity facili- to a cooperative agreement with a unit of acquisition of which the United States ties. local government; and would, in the judgment of the Secretary or (c) WITHDRAWAL.—Subject to valid existing (v) reimbursement of costs incurred by the the Secretary of Agriculture— rights, all Federal lands identified in sub- local offices of the Bureau of Land Manage- (A) promote the preservation of natural, section (a) for disposal are withdrawn from ment in arranging sales or exchanges under scientific, aesthetic, historical, cultural, wa- location and entry, under the mining laws this Act. tershed, wildlife, and other values contribut- and from operation under the mineral leas- (B) PROCEDURES.—The Secretary shall co- ing to public enjoyment and biological diver- ing and geothermal leasing laws until such sity; time as the Secretary terminates the with- ordinate the use of the special account with the Secretary of Agriculture, the State of (B) enhance recreational opportunities and drawal or the lands are patented. public access; (d) SELECTION.— Nevada, local governments, and other inter- (C) provide the opportunity to achieve bet- (1) JOINT SELECTION REQUIRED.—The Sec- ested persons, to ensure accountability and ter management of public land through con- retary and the unit of local government in demonstrated results. solidation of Federal ownership; or whose jurisdiction lands referred to in sub- (C) LIMITATION.—Not more than 25 percent (D) otherwise serve the public interest. section (a) are located shall jointly select of the amounts available to the Secretary (2) IN GENERAL.—After the consultation lands to be offered for sale or exchange under from the special account in any fiscal year process has been completed in accordance this section. The Secretary shall coordinate (determined without taking into account with paragraph (3), the Secretary may ac- land disposal activities with the unit of local amounts deposited under subsection (g)(4)) quire with the proceeds of the special ac- government in whose jurisdiction such lands may be used in any fiscal year for the pur- count environmentally sensitive land and in- are located. Land disposal activities of the poses described in subparagraph (A)(ii). terests in environmentally sensitive land. Secretary shall be consistent with local land (f) INVESTMENT OF SPECIAL ACCOUNT.—All Lands may not be acquired under this sec- use planning and zoning requirements and funds deposited as principal in the special tion without the consent of the owner there- recommendations. account shall earn interest in the amount determined by the Secretary of the Treasury of. Funds made available from the special ac- (2) OFFERING.—After land has been selected on the basis of the current average market count may be used with any other funds in accordance with this subsection, the Sec- yield on outstanding marketable obligations made available under any other provision of retary shall make the first offering of land of the United States of comparable matu- law. as soon as practicable after the date of en- rities. Such interest shall be added to the (3) CONSULTATION.—Before initiating ef- actment of this Act. principal of the account and expended ac- forts to acquire land under this subsection, (e) DISPOSITION OF PROCEEDS.— cording to the provisions of subsection (e)(3). the Secretary or the Secretary of Agri- (1) LAND SALES.—Of the gross proceeds of (g) AIRPORT ENVIRONS OVERLAY DISTRICT sales of land under this subsection in a fiscal culture shall consult with the State of Ne- LAND TRANSFER.—Upon request of Clark vada and with local government within year— County, Nevada, the Secretary shall transfer (A) 5 percent shall be paid directly to the whose jurisdiction the lands are located, in- to Clark County, Nevada, without consider- cluding appropriate planning and regulatory State of Nevada for use in the general edu- ation, all right, title, and interest of the cation program of the State; agencies, and with other interested persons, United States in and to the lands identified concerning the necessity of making the ac- (B) 10 percent shall be paid directly to the in the Agreement, subject to the following: Southern Nevada Water Authority for water quisition, the potential impacts on State and (1) Valid existing rights. local government, and other appropriate as- treatment and transmission facility infra- (2) Clark County agrees to manage such structure in Clark County, Nevada; and pects of the acquisition. Consultation under lands in accordance with the Agreement and this paragraph is in addition to any other (C) the remainder shall be deposited in a with section 47504 of title 49, United States special account in the Treasury of the Unit- consultation required by law. Code (relating to airport noise compatibility (b) ADMINISTRATION.—On acceptance of ed States for use pursuant to the provisions planning), and regulations promulgated pur- title by the United States, land and interests of paragraph (3). suant to that section. in land acquired under this subsection that Amounts in the special account shall be (3) Clark County agrees that if any of such is within the boundaries of a unit of the Na- available to the Secretary without further lands are sold, leased, or otherwise conveyed tional Forest System, National Park Sys- appropriation and shall remain available or leased by Clark County, such sale, lease, tem, National Wildlife Refuge System, Na- until expended. or other conveyance shall contain a limita- tional Wild and Scenic Rivers System, Na- (2) LAND EXCHANGES.— tion which requires uses compatible with the tional Trails System, National Wilderness (A) PAYMENTS.—In the case of a land ex- Agreement and such Airport Noise Compat- Preservation System, any other system es- change under this section, the non-Federal ibility Planning provisions. tablished by Act of Congress, or any national H1748 CONGRESSIONAL RECORD — HOUSE April 23, 1997 conservation or national recreation area es- mine for affordable housing purposes. Such colleagues to support H.R. 449 and pass tablished by Act of Congress— lands shall be made available only to State it as amended. (1) shall become part of the unit or area or local governmental entities, including Mr. Speaker, I reserve the balance of without further action by the Secretary or local public housing authorities. For the pur- my time. Secretary of Agriculture; and poses of this subsection, housing shall be Mr. ABERCROMBIE. Mr. Speaker, I (2) shall be managed in accordance with all considered to be affordable housing if the yield myself such time as I may laws and regulations and land use plans ap- housing serves low income families as de- plicable to the unit or area. fined under the Cranston-Gonzalez National consume. (c) DETERMINATION OF FAIR MARKET Affordable Housing Act (42 U.S.C. 12701 et. (Mr. ABERCROMBIE asked and was VALUE.—The fair market value of land or an seq.). given permission to revise and extend interest in land to be acquired by the Sec- SEC. 8. BOUNDARY MODIFICATION OF RED ROCK his remarks.) retary or the Secretary of Agriculture under CANYON NATIONAL CONSERVATION Mr. ABERCROMBIE. Mr. Speaker, I this subsection shall be determined pursuant AREA. think that my good friend, the gen- to section 206 of the Federal Land Policy and Section 3(a)(2) of the Red Rock Canyon Na- tleman from Utah [Mr. HANSEN], has Management Act of 1976 and shall be consist- tional Conservation Area Establishment Act made an excellent summation of the ent with other applicable requirements and of 1990 (16 U.S.C. 460ccc–1(a)(2)) is amended to bill to this point. standards. Fair market value shall be deter- read as follows: The language of bill, H.R. 449, has un- mined without regard to the presence of a ‘‘(2) The conservation area shall consist of dergone a number of refinements, as in- species listed as threatened or endangered approximately 195,780 acres as generally de- under the Endangered Species Act of 1973 (16 picted on the map entitled ‘Red Rock Can- dicated, since it was first considered in U.S.C. 1531 et seq.). yon National Conservation Area Administra- the last Congress. Originally there (d) PAYMENTS IN LIEU OF TAXES.—Section tive Boundary Modification’, dated August 8, were a number of very serious concerns 6901(1) of title 31, United States Code, is 1996.’’. with the bill. Tremendous progress on amended as follows: The SPEAKER pro tempore. Pursu- the measure has been made over the (1) By striking ‘‘or’’ at the end of subpara- ant to the rule, the gentleman from past year. Senators BRYAN and REID graph (F). and the gentleman from Nevada, Mr. (2) By striking the period at the end of sub- Utah [Mr. HANSEN] and the gentleman ENSIGN, have worked with the Bureau paragraph (G) and inserting ‘‘; or’’. from Hawaii [Mr. ABERCROMBIE] each (3) By adding at the end the following: will control 20 minutes. of Land Management and other inter- ‘‘(H) acquired by the Secretary of the Inte- The Chair recognizes the gentleman ested parties to address a number of is- rior or the Secretary of Agriculture under from Utah [Mr. HANSEN]. sues of concern, and changes to the bill section 5 of the Southern Nevada Public Mr. HANSEN. Mr. Speaker, I yield continue to be made up until the very Land Management Act of 1997 that is not myself such time as I may consume. recent time, as indicated again by my otherwise described in subparagraphs (A) Mr. Speaker, H.R. 449, introduced by good friend. through (G).’’. An agreement is near on the total the gentleman from Nevada [Mr. EN- SEC. 6. REPORT. bill, but it has not been completed. The SIGN], will solve the many problems The Secretary, in cooperation with the administration’s statement of policy Secretary of Agriculture, shall submit to the currently facing the Bureau of Land Management in the Las Vegas area. on H.R. 449 notes the remaining con- Committee on Energy and Natural Resources cerns, but with the understanding that Las Vegas is the fastest growing area of the Senate and the Committee on Re- further refinements to the bill are like- sources of the House of Representatives an in the Nation and is expected to con- ly in the Senate, neither the adminis- annual report on all transactions under this tinue on this trend for years to come. tration nor this side of the aisle will section. As with many Western States, Las oppose passage today of H.R. 449, as SEC. 7. RECREATION AND PUBLIC PURPOSES Vegas is landlocked by the vast Fed- ACT. amended. eral ownership in Nevada and, as the Mr. Speaker, I would like to com- (a) TRANSFER OF REVERSIONARY INTER- area grows, demands for Federal lands EST.— mend Mr. ENSIGN. (1) IN GENERAL.—Upon request by a grantee increase. Mr. Speaker, I reserve the balance of of lands within Clark County, Nevada, that During the 104th Congress, the Sub- my time. are subject to a lease or patent issued under committee on National Parks, Forests Mr. HANSEN. Mr. Speaker, I yield the Recreation and Public Purposes Act, the and Lands requested the Interior In- such time as he may consume to the Secretary may transfer the reversionary inspector General to audit the Federal gentleman from Las Vegas, NV [Mr. terest in such lands to other non-Federal land exchange process in Nevada. The ENSIGN], the sponsor of this bill. lands. The transfer of the reversionary inter- Inspector General found that the BLM (Mr. ENSIGN asked and was given est shall only be made to lands of equal had lost millions of dollars of taxpayer value, except that with respect to the State permission to revise and extend his re- of Nevada or a unit of local government an money because the system is flawed, marks.) amount equal to the excess (if any) of the easily manipulated and subject to po- Mr. ENSIGN. Mr. Speaker, I rise in fair market value of lands received by the litical pressures. The Ensign bill will support of H.R. 449, the Southern Ne- unit of local government over the fair mar- implement an open process wherein the vada Public Land Management Act of ket value of lands transferred by the unit of public will have more input and lands 1997. I would like to start by thanking local government shall be paid to the Sec- will be sold for fair market value. the gentleman from Utah [Mr. HAN- retary and shall be treated under subsection The revenues received from these SEN], the subcommittee chairman, for (e)(1) of this section as proceeds from the sales will be used to purchase environ- sale of land. For purposes of this subsection, all his diligent work and also the staff, the fair market value of lands to be trans- mentally sensitive lands within the my staff, the committee staff and ev- ferred by the State of Nevada or a unit of State of Nevada. Fifteen percent of the erybody who participated in this bill local government may be based upon a state- revenues will be shared with the local and, of course, the chairman of the ment of value prepared by a qualified ap- government to help pay for the incred- House Committee on Resources, the praiser. ible demands for infrastructure and gentleman from Alaska [Mr. YOUNG], (2) TERMS AND CONDITIONS APPLICABLE TO water. for all of the work that has been done LANDS ACQUIRED.—Land selected under this H.R. 449 is the culmination of many on this bill. This bill has been com- subsection by a grantee described in para- hours of Mr. ENSIGN’s public lands task graph (1) shall be subject to the terms and monly referred to as the Ensign/Bryan conditions, uses, and acreage limitations of force which involved representatives bill because Senator BRYAN introduced the lease or patent to which the lands trans- from all sides of this debate. Environ- companion legislation on the Senate ferred by the grantee were subject, including mentalists, developers, planners, local side. the reverter provisions, under the Recreation and Federal Government came to- Mr. Speaker, this is good legislation, and Public Purposes Act. gether to agree on this legislation. especially with this being Earth Week (k) AFFORDABLE HOUSING.—The Secretary, Moreover, Mr. ENSIGN has worked hard and our awareness of the environment in consultation with the Secretary of Hous- to accommodate administration and is heightened. H.R. 449 is good for the ing and Urban Development, may make minority concerns. This is a balanced environment, good for education, and available, in accordance with section 203 of the Federal Land Planning and Management and equitable approach to a very dif- good for quality of life in Nevada. I be- Act of 1976, land in the State of Nevada at ficult issue, and I commend Mr. ENSIGN lieve that this legislation will prove to less than fair market value and under other and the gentleman from Nevada, Mr. be model legislation not only in policy such terms and conditions as he may deter- GIBBONS, for their efforts. I urge my but in process. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1749 This process first started with my sitive lands throughout the State and pressing issue currently facing south- predecessor, Representative Jim relieved the Federal agencies of some ern Nevada. Bilbray, who formed a public lands burdensome management responsibil- Finally, H.R. 449 helps future genera- task force. Members of this task force ities. tions by providing revenue for edu- were representatives from local gov- Despite all the good that seems to cation. It has been estimated that ernments, utility providers, developers, stem from the land exchange process, school enrollment is projected to in- recreationalists, environmentalists, it unfortunately cannot possibly ac- crease by 83 percent by 2006 and the and Federal agencies such as the Na- commodate the ever-changing market Clark County School District will need tional Park Service, U.S. Forest Serv- of the Las Vegas valley and give the to build one elementary school a ice and BLM. When I came to office, I fairest value of the land in a fast grow- month just to accommodate the new continued the meetings of the task ing area like Las Vegas. Therefore, an students coming in. force, and with their help and input open, fair market auction process will H.R. 449 also helps our youngest resi- and with the assistance of Senator best serve the American people by en- dents by setting aside nearly 40 acres BRYAN we drafted what ultimately be- suring the most revenue to purchase of land to be used specifically for devel- came the legislation before us today. and improve our favorite environ- opment of youth recreation facilities After numerous meetings and con- mental areas. Currently, it is nearly like baseball diamonds and soccer stant flow of information and ideas, we impossible for the BLM to guarantee fields. As this phenomenal rate of drafted what we believe to be excellent, fair market value for exchanged lands. growth sweeps the Las Vegas Valley, it compromise legislation where an ex- Furthermore, it is exceedingly expen- is important we preserve ample and tremely wide variety of interests have sive for our local utilities to transport safe areas for our children and our chil- been served and are ultimately satis- services across Federal lands to private dren’s children to play. fied. In a political atmosphere that has tracts, and everyone is in agreement The Ensign-Bryan bill gives new au- seen so much controversy, it is refresh- that it makes sense to dispose of these thority to the Secretary of the Interior ing to see true bipartisan legislation. lands. to sell lands to local governments for During the 104th Congress, the Sub- affordable housing. The entire State of b 1830 committee on National Parks, Forests Nevada is experiencing growth and af- and Lands held a field hearing in Las The general manager of the Southern fordable housing needs exist through- Vegas on similar legislation. We heard Nevada water authority has repeatedly out the State. With this new authority, overwhelming testimony and startling testified that it costs an estimated the Secretary, working with local gov- statistics about what is occurring in $14,000 per acre of land that is ernments, can provide adequate hous- Clark County. Our witnesses included privatized through the exchange proc- ing facilities for our less fortunate resi- Governor Miller, Clark County School ess. dents. It is vitally important that ev- Superintendent Dr. Brian Cram, rep- It is very important to point out that eryone, young and old, have access to a resentatives from the Clark County the value of this Federal land is great- roof over their head, and the Ensign- Commission and Southern Nevada ly inflated due to the infrastructure Bryan bill makes this possible. Water Authority, and representatives that the local taxpayers are providing. Mr. Speaker, I cannot emphasize from local environmental groups. The Land in the desert without roads or strongly enough the importance of this witnesses unanimously supported our water is virtually worthless from a fi- legislation to Nevada and the prece- legislation. nancial standpoint, and I see no reason dent it will set for other areas. We have As some of my colleagues may know, why we should not be getting a little come a long way since this legislation the Las Vegas valley is the fastest something back from the sale of these was initially introduced, and again I growing metropolitan city in the coun- lands that our utility bills have made want to thank my colleague in the try, and this single issue has been the so valuable. Senate, Senator BRYAN, I want to central focus of our State legislature. H.R. 449 authorizes the sale of these thank the gentleman from Utah, Chair- No other issue, besides Yucca Moun- lands while providing that 85 percent of man HANSEN, my colleague the gen- tain receives the attention that growth the generated revenue would go to the tleman from Nevada, JIM GIBBONS, and and development do. In addition, 87 Federal Government for use in the also the minority and the minority percent of the State of Nevada is feder- State of Nevada to purchase environ- staff for all the work they have done on ally controlled, resulting in a patch- mentally sensitive lands and the re- this. work pattern of private lands inter- maining 15 percent would be used lo- Mr. HANSEN. Mr. Speaker, I yield spersed with public lands. cally. Most importantly, the Ensign- the balance of the time to the gen- The blue on this map indicates the Bryan bill provides the essential mech- tleman from Nevada, [Mr. GIBBONS], public lands that are located within anisms to, one, allow this growth to who has the rest of the State. the red boundary which this legislation occur in an orderly fashion by allowing The SPEAKER pro tempore (Mr. establishes. The blue lands are the pub- local officials a seat at the table; two, EWING). The gentleman from Nevada, lic lands within the Las Vegas valley ensure this growth occurs without ne- [Mr. GIBBONS], is recognized for 9 min- to be disposed of within this legisla- glecting the environment by funneling utes. tion. revenue for acquisition of environ- (Mr. GIBBONS asked and was given This dueling combination makes it mentally sensitive lands and to our ex- permission to revise and extend his re- very difficult for the Federal agencies isting federal facilities, such as Lake marks.) to manage this land and puts enormous Tahoe, Red Rock and Lake Mead. Ne- Mr. GIBBONS. Mr. Speaker, I want pressure on local elected officials, the vada is home to some of the most beau- to begin by thanking my colleague, the school district, utility providers and, tiful and pristine areas in the country. Congressman from southern Nevada, most importantly, the current resi- Areas around Lake Tahoe and Spring JOHN ENSIGN, for his outstanding work dents who are forced to shoulder the Mountains are unparalleled in their on H.R. 449, the Southern Nevada Pub- price tag of this development. natural environmental splendor. These lic Lands Management Act of 1997. H.R. Given the high quality of life and lands must be protected for the enjoy- 449 will solve many land, sale and ex- large percentage of federally owned ment of future generations and the En- change problems for Southern Nevada land, the valley is a prime platform for sign-Bryan bill provides the necessary because Southern Nevada is one of the development. Over the years, the land means to accomplish this united goal. Nation’s fastest growing areas and, exchange process has been used to pri- H.R. 449 provides money to offset a with over 87 percent of Nevada owned vatize the public land that is inter- $1.7 billion water delivery system for by the Federal Government, it makes spersed among the private land. Many Clark County. Ten percent of the reve- expansion for our communities almost aspects of this process have greatly nues would be used by Southern Ne- impossible. benefited Nevada as well as the entire vada Water Authority for construction The Bureau of Land Management and country. Nevada’s economy and job of a future water delivery system. The many developers continually disagree market have experienced a boost. We ability of the residents to receive an over the fair market value of these have acquired environmentally sen- adequate water supply is the most public lands. The BLM praises the land H1750 CONGRESSIONAL RECORD — HOUSE April 23, 1997 as being fully developed, trying to Mr. Speaker, we understand Las ‘‘(f) TRUST FUND DISTRIBUTION TO maximize the returns on public lands, Vegas and Clark County are under tre- STATES.— while developers, on the other hand, mendous growth pressure, and we can ‘‘(1) IN GENERAL.—(A) The Administrator feeling the land would continue to be shall distribute to States at least 85 percent sympathize with their situation. I of the funds appropriated to the Environ- sagebrush without their development, think we can all agree that the BLM mental Protection Agency from the Leaking appraise the land as desert. should work with the local community Underground Storage Tank Trust Fund (in H.R. 449 will change the appraisal regarding land sales and exchanges the this subsection referred to as the ‘Trust process by auctioning off land to the agency is undertaking in the area. We Fund’) each fiscal year for the reasonable highest bidder. This will ensure the want to see this done in a fair and rea- costs under cooperative agreements entered taxpayers of America get the highest sonable way, one that protects the na- into with the Administrator for the follow- probable price for our public lands, and tional interests in these public lands ing: ‘‘(i) States’ actions under section will allow developers to acquire needed and is mindful of local needs and con- lands for community expansion and de- 9003(h)(7)(A). cerns. ‘‘(ii) Necessary administrative expenses di- velopment. With that in mind, Mr. Speaker, we rectly related to corrective action and com- My colleague the gentleman from Ne- will accept the bill and ask that it pensation programs under subsection (c)(1). vada, [Mr. ENSIGN], was helpful in move forward today. ‘‘(iii) Enforcement of a State or local pro- working with me to get report lan- Mr. Speaker, I have no further re- gram approved under this section or enforce- guage that assures all Federal proceeds quests for time, and I yield back the ment of this subtitle or similar State or from the land sales would be spent first local provisions by a State or local govern- balance of my time. ment. in Clark County and then priority The SPEAKER pro tempore. The would be placed on lands in the Lake ‘‘(iv) State and local corrective actions question is on the motion offered by pursuant to regulations promulgated under Tahoe Basin. the gentleman from Utah [Mr. HANSEN] section 9003(c)(4). H.R. 449 requires a funding split from that the House suspend the rules and ‘‘(v) Corrective action and compensation land sales, 85 percent going to the Fed- pass the bill, H.R. 449, as amended. programs under subsection (c)(1) for releases eral Government for the purchase of The question was taken; and (two- from underground storage tanks regulated environmentally sensitive land in Ne- under this subtitle in any instance, as deter- thirds having voted in favor thereof) vada and the remaining 15 percent mined by the State, in which the financial the rules were suspended and the bill, going to the State of Nevada. resources of an owner or operator, excluding The Federal Government’s 85 per- as amended, was passed. resources provided by programs under sub- cent, which is used to purchase envi- A motion to reconsider was laid on section (c)(1), are not adequate to pay for the ronmentally sensitive areas, caused me the table. cost of a corrective action without signifi- f cantly impairing the ability of the owner or and my constituents great concern. operator to continue in business. Many times in previous land ex- GENERAL LEAVE ‘‘(B) Funds provided by the Administrator changes, large amounts of land in under subparagraph (A) may not be used by Northern Nevada were bought and ex- Mr. HANSEN. Mr. Speaker, I ask States for purposes of providing financial as- changed for small parcels of land in unanimous consent that all Members sistance to an owner or operator in meeting Southern Nevada. This process has de- may have 5 legislative days within the requirements respecting underground stroyed the tax base of many cities and which to revise and extend their re- storage tanks contained in section 280.21 of counties and essentially gave the Fed- marks and include extraneous material title 40 of the Code of Federal Regulations eral Government more land ownership on H.R. 449, the bill just passed. (as in effect on the date of the enactment of The SPEAKER pro tempore. Is there this subsection) or similar requirements in in Nevada. State programs approved under this section No longer were ranches farmed, taxes objection to the request of the gen- or similar State or local provisions. paid or workers hired. Needless to say, tleman from Utah? ‘‘(2) ALLOCATION.— land exchanges and sales have been There was no objection. ‘‘(A) PROCESS.—In the case of a State that tough for many local governments in f the Administrator has entered into a cooper- Nevada. ative agreement with under section That is why Congressman ENSIGN’s LEAKING UNDERGROUND STORAGE 9003(h)(7)(A), the Administrator shall distrib- diligent effort has allowed Northern TANK TRUST FUND AMEND- ute funds from the Trust Fund to the State Nevada to protect its tax base and stop MENTS ACT OF 1997 using the allocation process developed by the Administrator for such cooperative agree- the Federal Government from contin- Mr. OXLEY. Mr. Speaker, I move to ments. ually owning more and more of Nevada. suspend the rules and pass the bill ‘‘(B) REVISIONS TO PROCESS.—The Adminis- The land in the Lake Tahoe Basin is (H.R. 688) to amend the Solid Waste trator may revise such allocation process very pristine, and it is in need of pro- Disposal Act to require at least 85 per- only after— tection to guarantee the quality of the ‘‘(i) consulting with State agencies respon- cent of funds appropriated to the Envi- sible for overseeing corrective action for re- lake and the surrounding forests. ronmental Protection Agency from the In conclusion, Mr. Speaker, the leases from underground storage tanks and Leaking Underground Storage Tank Southern Nevada Public Land Manage- with representatives of owners and opera- Trust Fund to be distributed to States ment Act of 1997 accomplishes two very tors; and for cooperative agreements for under- ‘‘(ii) taking into consideration, at a mini- important goals in Nevada. First, it al- taking corrective action and for en- mum, the total revenue received from each lows land in the Las Vegas area to be forcement of subtitle I of such act, as State into the Trust Fund, the number of developed to accommodate the ever amended. confirmed releases from leaking under- growing number of people moving to ground storage tanks in each State, the The Clerk read as follows: that area. And second, it will serve to number of notified petroleum storage tanks protect and improve many environ- H.R. 688 in each State, and the percent of the popu- mentally sensitive areas in Clark Be it enacted by the Senate and House of Rep- lation of each State using groundwater for County and the Lake Tahoe Basin resentatives of the United States of America in any beneficial purpose. Congress assembled, ‘‘(3) RECIPIENTS.—Distributions from the while protecting the tax base in North- SECTION 1. SHORT TITLE. Trust Fund under this subsection shall be ern Nevada. made directly to the State agency entering Finally, this bill is good for the This Act may be cited as the ‘‘Leaking Un- derground Storage Tank Trust Fund Amend- into a cooperative agreement or enforcing American taxpayer because it protects ments Act of 1997’’. the State program. them in the land sale and exchange ‘‘(4) COST RECOVERY PROHIBITION.—Funds TITLE I—DISTRIBUTIONS FROM LEAKING process. provided to States from the Trust Fund to UNDERGROUND STORAGE TANK TRUST owners or operators for programs under sub- Mr. Speaker, I would again like to FUND compliment my colleagues on this bill section (c)(1) for releases from underground SEC. 101. LEAKING UNDERGROUND STORAGE storage tanks are not subject to cost recov- and encourage all Members to support TANKS. ery by the Administrator under section H.R. 449. (a) TRUST FUND DISTRIBUTION.—Section 9003(h)(6).’’. Mr. ABERCROMBIE. Mr. Speaker, I 9004 of the Solid Waste Disposal Act (42 (b) TECHNICAL AMENDMENTS.—Subtitle I of yield myself such time as I may U.S.C. 6991c) is amended by adding at the end the Solid Waste Disposal Act (42 U.S.C. 6991 consume. the following new subsection: et seq.) is amended as follows: April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1751

(1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) In contrast with some other environ- gentleman from Colorado, Mr. DAN is amended by striking out ‘‘sustances’’ and mental programs, we taxpayers seem SCHAEFER, and his staff. We have inserting in lieu thereof ‘‘substances’’. to have gotten an effective program for worked together well the past Congress (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended by striking out ‘‘subsection (c) and our LUST money. With financial as- and this Congress to put forth this (d)’’ and inserting in lieu thereof ‘‘sub- sistance from EPA cooperative agree- leaking underground storage tank leg- sections (c) and (d)’’. ments, States have secured cleanup of islation. (3) Section 9004(a) (42 U.S.C. 6991c(a)) is 140,000 sites since 1987. Contrast this b 1845 amended by striking out ‘‘in 9001(2)(A)’’ and with Superfund. Taxpayers spent $17 inserting in lieu thereof ‘‘in section billion through the EPA alone in 17 The Leaking Underground Storage 9001(2)(A)’’. years and only 130 sites or so were Tank Program is one of the most im- (4) Section 9005 (42 U.S.C. 6991d) is amend- portant and least known environ- ed— taken off the list of the country’s (A) in subsection (a), by striking out worst sites. States should have a bigger mental programs run by the Federal ‘‘study taking’’ and inserting in lieu thereof role in running Superfund. Government and the States. The act ‘‘study, taking’’; While I am on the subject, I want regulates the use of large underground (B) in subsection (b)(1), by striking out Members to know we are working on tanks that hold petroleum products. ‘‘relevent’’ and inserting in lieu thereof ‘‘rel- Superfund reform in my subcommittee One need only to go to their local gas evant’’; and station to find tanks regulated under- (C) in subsection (b)(4), by striking out on a bipartisan basis with the adminis- ‘‘Evironmental’’ and inserting in lieu thereof tration, and I hope our efforts will re- neath this act. ‘‘Environmental’’. sult in a bill with bipartisan support This is the National Water Quality TITLE II—EXTENSION OF TRUST FUND from our full committee. Inventory Report to Congress. In this PURPOSES Back to LUST, H.R. 688 improves the report, which list each State, this re- SEC. 201. EXTENSION OF TRUST FUND PURPOSES. LUST program in two ways: port states that the leaking under- Paragraph (1) of section 9508(c) of the In- First, it requires EPA to give at least ground storage tanks are the most fre- ternal Revenue Code of 1986 (relating to ex- 85 percent of its appropriation to the quent cause of groundwater contamina- penditures) is amended by striking ‘‘to carry States each year. This puts the money tion. Unfortunately, the Committee on out section 9003(h)’’ and all that follows and Appropriations does not feel our Na- inserting ‘‘to carry out— where the tanks are and where the ‘‘(A) section 9003(h) of the Solid Waste Dis- cleanup work is done. tion’s groundwater is as high a priority posal Act (as in effect on the date of the en- Second, the bill authorizes three new as many of us here in this Chamber be- actment of the Superfund Amendments and uses of the Federal funding, giving lieve tonight. In fiscal year 1997, the Reauthorization Act of 1986), and States flexibility to make their pro- Committee on Appropriations cut the ‘‘(A) section 9004(f) of the Solid Waste Dis- grams more effective by, one, putting President’s request by more than a posal Act (as in effect on the date of the en- the money into their financial assur- third for the funds necessary to help us actment of the Leaking Underground Stor- clean up leaking underground storage age Tank Trust Fund Amendments Act of ance funds for tank cleanup in cases of 1997).’’ financial hardship; two, enforcing re- tanks. The Committee on Appropriation’s The SPEAKER pro tempore. Pursu- quirements that underground tanks actions are even more frustrating be- ant to the rule, the gentleman from meet minimum leak detection and pre- cause the Leaking Underground Stor- Ohio [Mr. OXLEY] and the gentleman vention standards by 1998; and, three, age Tank Program is funded, as the from Michigan [Mr. STUPAK] each will administering their State assurance gentleman from Ohio pointed out, from control 20 minutes. funds. The Chair recognizes the gentleman Less than 30 percent of tank owners a tax on petroleum products. Cur- rently, the Leaking Underground Stor- from Ohio [Mr. OXLEY]. have come into compliance with the Mr. OXLEY. Mr. Speaker, I yield my- EPA tank requirements that all tank age Tank Trust Fund, or LUST, as it is self such time as I may consume. owners will have to meet in 1998. We called, has a billion dollar surplus. I (Mr. OXLEY asked and was given need to help States meet the financial will continue to join with my col- permission to revise and extend his re- burdens of the huge enforcement task leagues, especially the gentleman from marks.) that is coming down the pike next Colorado, Mr. DAN SCHAEFER, in the Mr. OXLEY. Mr. Speaker, as the esti- year. fight to increase the appropriations for mable Yogi Berra said, ‘‘It’s like deja The bill also prohibits States from this program. vu all over again.’’ H.R. 688 is the same using the money to help someone com- In Michigan, my State, the State’s Leaking Underground Storage Tank ply with the 1998 tank requirements so leaking underground storage tank fund bill we passed by a voice vote on the tax dollars will not be used to put peo- is insolvent due to improper manage- floor just 7 months ago in the last Con- ple who have already complied with the ment and funding. In Michigan, the gress. Except for a couple of technical, law at a competitive disadvantage. fund is not accepting new claims, and completely nonsubstantive changes, This is another good bill for the envi- cleanups on leaking underground tanks everything is the same except the num- ronment from the Committee on Com- have all but ceased. Although I believe ber. merce, and I encourage Members to the legislation being discussed here to- The LUST program cleans up leaking support this bill as they did just 7 night is an important step in cleaning underground storage tanks and re- months ago on the floor. up leaking tanks, it is my hope that quires tank owners to put in new tanks I congratulate the chairman, the gen- States, and Michigan in particular, will meeting tough Federal standards by tleman from Colorado, Mr. DAN SCHAE- renew their commitment to this pro- the end of next year. The program is FER, the sponsor of the bill, for his gram. funded by a dedicated trust fund. work, as well as the gentleman from Beyond any doubt, H.R. 688 will make Owners of cars pay taxes into the Michigan, Mr. BART STUPAK, the chief improvements to the program. These LUST trust fund. On every gallon of Democrat cosponsor. improvements will increase the gas we pay a one-tenth of a cent tax for Mr. Speaker, I reserve the balance of amount of funding available for con- the LUST program. This tax went into my time. taminated sites, increase the amount effect in 1987 and expired at the end of Mr. STUPAK. Mr. Speaker, I yield of money for State enforcement, and 1995, but only 40 percent of the money myself such time as I may consume. guarantee that the money Congress ap- we have paid has been spent out on the (Mr. STUPAK asked and was given propriates for this program will get to program. We have spent only $655 mil- permission to revise and extend his re- the States. lion on LUST since 1987 out of $1.7 bil- marks.) This legislation does not completely lion collected. Before we give the taxes Mr. STUPAK. Mr. Speaker, I want to turn the program over to the States. another ride, we ought to look care- thank the gentleman from Virginia, We have maintained a strong role for fully at using what we have already Chairman BLILEY, and members of the the EPA in this legislation by preserv- collected. Congress did not create the committee for working together in ing the current cooperative agreement trust fund for the sake of having an- taking this major step forward on mov- process between the States and the other trust fund; it was created to fund ing this very important bill. I appre- Federal Government. This bill does not this particular program. ciate the opportunity to work with the decrease the Federal role in the LUST H1752 CONGRESSIONAL RECORD — HOUSE April 23, 1997 program. Rather, it will strengthen the through the Senate, and on to the con- EPA has stated it envisions drastically Federal-State partnership that has ference committee, and even to the scaling back the tank office. States been successful since the program’s in- White House, and I hope we can do the will supervise corrective action where ception. same with Superfund. leaks have occurred and become the The bill before us today will not re- On today’s bill, I would like to thank primary enforcers for the tank stand- quire the Committee on Appropriations the gentleman from Colorado, Mr. DAN ards. to direct more resources to this prob- SCHAEFER, and his staff person Patrick I certainly support this progression. lem. However, it will strengthen the O’Keefe, as well as Alison Burkes of the However, if we expect States to carry EPA’s partnership with the States and minority staff; Fred Eases from the out more duties, it is critical that they increase EPA’s flexibility to use this majority and Matt Berzok on my staff must be given more freedom to use money for the Leaking Underground for all their hard work over the past LUST trust fund money where most Storage Tank Program and get that year on this very important program, needed. money back to the States. the Leaking Underground Storage Finally, EPA has traditionally dedi- I would like to comment briefly, if I Tank Program. cated about 85 percent of its annual may, just on a few points that the gen- Mr. Speaker, I reserve the balance of LUST trust fund appropriation to the tleman from Ohio [Mr. OXLEY] made my time. States. But as State responsibilities do about the Superfund Program and its Mr. OXLEY. Mr. Speaker, I yield increase, we need to give them peace of comparison with the Leaking Under- such time as he may consume to the mind that this tradition will continue. ground Storage Tank Program. Al- gentleman from Colorado, Mr. DAN H.R. 688 gives this financial stability. though we are certainly not here to de- SCHAEFER. I want to thank all those involved in bate Superfund issues tonight, it is (Mr. DAN SCHAEFER of Colorado crafting this bill. The process has em- clear that in order to achieve our mu- asked and was given permission to re- bodied the spirit of bipartisanship and tual goal of improving the Superfund vise and extend his remarks.) compromise. Our final product in- Program, we must take a full and fair Mr. DAN SCHAEFER of Colorado. creases enforcement and enhances site look at the program as it exists today. Mr. Speaker, I thank the gentleman for cleanups with the broad-based support I have heard too many times from yielding me this time. of the regulated industry. my Republican friends that very few Mr. Speaker, I again want to cer- I again want to thank the gentleman Superfund sites have been cleaned up tainly thank the gentleman from Ohio from Michigan [Mr. STUPAK] for all his despite heavy expenditures. These and the ranking members of this com- work on this, and certainly again statements are no more than old, worn mittee for moving this finally along. thank the gentleman from Ohio [Mr. out political rhetoric. The facts reveal The objectives of the Leaking Under- OXLEY], and on my staff Patrick an entirely different landscape: ground Storage Tank Trust Fund O’Keefe for staying with this issue for Out of the 1,335 National Priorities Amendments Act, which is H.R. 688, are so long. List sites, 1,100 of those sites have had really simple. This is identical to the Mr. Speaker, I urge my colleagues to significant on-site, physical cleanup bill that we passed last year, ran out of support this sound environmental ini- work performed. Those 1,100 sites break time, but I think it is very imperative tiative. down as follows: that we finally get back to it. It is Mr. STUPAK. Mr. Speaker, I yield At 400 sites, all cleanup construction going to give the States, as has been such time as he may consume to the has been completed; at 500 sites, actual stated, more financial stability in op- gentleman from Pennsylvania [Mr. cleanup construction is under way, erating their underground storage tank DOYLE] who was a valuable asset in such as construction of a slurry wall programs and greater flexibility to ad- drafting this legislation and as a mem- for installation of a treatment system; dress unique environmental problems, ber of the Committee on Science cer- and at 200 sites, significant removal particularly in rural America. tainly understands it. work has been completed to abate an Throughout the drafting process, the (Mr. DOYLE asked and was given imminent hazard. gentleman from Michigan [Mr. STUPAK] permission to revise and extend his re- Mr. Speaker, in my district, Manistee and I solicited and received substantial marks.) Harbor, we were just there the other input on how to best achieve our goals. Mr. DOYLE. Mr. Speaker, I rise in night to sign the final documents be- As a result, the final product we have support of H.R. 688. I want to thank the tween the State of Michigan, industry, before us today meets all our initial bill’s sponsors, the gentleman from environmental groups, and the Federal goals, with a strong emphasis on Colorado, Mr. DAN SCHAEFER, and my Government, because we have taken a quicker cleanups and stricter enforce- good friend, the gentleman from Michi- site that was on the Superfund that put ment. H.R. 688 has over 70 bipartisan gan, Mr. STUPAK, for their diligent PCBs out into Lake Michigan, and in cosponsors and diverse private sector leadership on this issue. less than 3 years we have most of it support. The LUST program was enacted in cleaned up. Everybody has agreed upon The so-called LUST program was 1984 to address the potential health and a solution. It is being done, and it has first enacted in 1984. The trust fund fol- environmental risks associated with been a record cleanup for a Superfund lowed in 1986. The current LUST stat- antiquated and substandard under- site. That could not have happened ute allows States to spend the Federal ground storage tanks. A tax was levied without the help of my friends on the LUST trust fund money in a limited on all petroleum products to create a Republican side. number of instances, mainly for correc- trust fund to fund these efforts. That Mr. Speaker, Superfund expenditures tive actions where an owner is unable, tax expired on December 31, 1995, with to date have totaled $13 billion, not the or unwilling, to clean up a leak. nearly $1 billion in the trust fund. wildly inflated figures we hear. It is my Along with the corrective action Unfortunately, the majority of these hope, and if we take Manistee Harbor standards for leaking tanks, the LUST funds expended so far have gone to off- as an example, that our mutual efforts statute also requires owners and opera- set general Federal spending and not on this bill here tonight will serve as tors of underground storage tanks to for the purpose to which it was meant an example of how we can work to- meet certain standards. The deadline to be dedicated. gether on the more difficult issue of for compliance with these tank stand- The LUST Amendments Act gives Superfund reauthorization. We should ards is 1998. When implemented, the the ironclad assurance that trust fund examine the facts and the progress of tank standards will provide an impor- spending will go to assisting States to the Superfund Program today in order tant preventative protection against pursue compliance and corrective ac- to achieve a bipartisan consensus on many future leaks. tion associated with the LUST pro- improving Superfund. The LUST program has largely been gram. It also gives the States more I look forward to working with the a success. The regulated industry and flexibility in using these funds, includ- gentleman from Ohio, Mr. OXLEY, the the EPA tank office share a good working direct use of Federal LUST trust gentleman from Colorado, Mr. DAN ing relationship. However, over the fund money to help business owners SCHAEFER, and their staffs, as we work next few years the nature of the pro- who would otherwise be unable to af- this bill the rest of the way through, gram is going to change dramatically. ford Government-mandated cleanups. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1753 These cleanups are pivotal to com- gallon tax on motor fuels. The Trust Fund is REPORT ON RESOLUTION PROVID- prehensive economic revitalization ef- to be used by the EPA or the States, in ac- ING FOR CONSIDERATION OF forts like the one many of us in the cordance with Federal law, to enforce Under- H.R. 1273, NATIONAL SCIENCE Pennsylvania delegation are looking at ground Storage Tank corrective action require- FOUNDATION AUTHORIZATION for Allegheny County and for the Mon ments; to conduct cleanups where no solvent ACT OF 1997 Valley region in particular. responsible party can be found, where there is Mr. MCINNIS, from the Committee We have a good program here, and a known but unwilling responsible party, or on Rules, submitted a privileged report Congress in its wisdom found a sound where a responsible party does not have the (Rept. No. 105–71) on the resolution (H. funding mechanism for it. Let us dem- financial ability to pay for the entire cleanup. Res. 126) providing for consideration of onstrate our good faith to small busi- Unlike many other well-intentioned bills en- the bill (H.R. 1273) to authorize appro- nesses in this sector and move this leg- acted by Congress, which then fall victim to priations for fiscal years 1998 and 1999 islation forward without delay. the law of unintended consequences, the for the National Science Foundation, Last year, the Congress passed this LUST program has met its intended purpose and for other purposes, which was re- legislation, but the Senate failed to act to set leak detection and prevention standards ferred to the House Calendar and or- on it before adjournment last October. for underground tanks. dered to be printed. Since this year’s version is identical to H.R. 688 improves on the current program the previously approved bill, I expect f because it provides an increased amount of the House will act expeditiously to stability and certainty to State agencies while REPORT ON RESOLUTION PROVID- pass the LUST Amendments Act. Hope- granting greater flexibility. ING FOR CONSIDERATION OF fully, this will give the Senate ample H.R. 1274, NATIONAL INSTITUTE time to send this legislation to the I urge my colleagues to support H.R. 688. OF STANDARDS AND TECH- President for his approval. Mr. STUPAK. Mr. Speaker, I thank NOLOGY AUTHORIZATION ACT OF Mr. BEREUTER. Mr. Speaker, this Member the gentleman from Colorado, Mr. DAN 1997 rises in support of H.R. 688, the Leaking Un- SCHAEFER, once again for his leadership on this issue. Mr. MCINNIS, from the Committee derground Storage Tank Trust Fund Amend- on Rules, submitted a privileged report Mr. Speaker, I have no further re- ments Act. As an original cosponsor of the (Rept. No. 105–72) on the resolution (H. quests for time, and I yield back the legislation, this Member would like to com- Res. 127) providing for consideration of balance of my time. mend the distinguished gentleman from Colo- the bill (H.R. 1274) to authorize appro- rado, Mr. DAN SCHAEFER, and the distin- Mr. OXLEY. Mr. Speaker, I have no priations for the National Institute of guished gentleman from Michigan, Mr. further requests for time, and I yield Standards and Technology for fiscal STUPAK, for introducing this bill and working back the balance of my time. years 1998 and 1999, and for other pur- for its enactment. The SPEAKER pro tempore (Mr. poses, which was referred to the House Across the Nation, leaking underground EWING). The question is on the motion Calendar and ordered to be printed. storage tanks present a hazard which must be offered by the gentleman from Ohio f addressed. Unfortunately, less than half of the [Mr. OXLEY] that the House suspend identified leaking tanks have been remedied. the rules and pass the bill, H.R. 688, as REPORT ON RESOLUTION PROVID- In addition, there are likely thousands of other amended. ING FOR CONSIDERATION OF unidentified leaking tanks which require action. H.R. 1275, CIVILIAN SPACE AU- This legislation improves the current situa- The question was taken; and (two- thirds having voted in favor thereof) THORIZATION ACT, FISCAL tion by distributing more money from the exist- YEARS 1998 AND 1999 ing trust fund to the States where it belongs. the rules were suspended and the bill, The trust fund was established by Congress in as amended, was passed. Mr. MCINNIS, from the Committee 1986 and currently contains about $1 billion. A motion to reconsider was laid on on Rules, submitted a privileged report Although the trust fund is intended to provide the table. (Rept. No. 105–73) on the resolution (H. assistance in the cleanup of underground stor- Res. 128) providing for consideration of age tanks, too much of the money in the trust f the bill (H.R. 1275) to authorize appro- fund has been used to offset general Federal priations for the National Aeronautics and Space Administration for fiscal spending. GENERAL LEAVE This Member certainly believes that the years 1998 and 1999, and for other pur- money in the trust fund should be used for the Mr. OXLEY. Mr. Speaker, I ask unan- poses, which was referred to the House purposes for which it was originally intended; imous consent that all Members may Calendar and ordered to be printed. money simply accumulating in the trust fund have 5 legislative days within which to f obviously does not address the current needs. revise and extend their remarks and include extraneous material on H.R. 688. FIRE ADMINISTRATION The large number of remaining leaking under- AUTHORIZATION ACT OF 1997 ground storage tank sites is evidence that the The SPEAKER pro tempore. Is there States could use this money which is currently objection to the request of the gen- Mr. SENSENBRENNER. Mr. Speak- accumulating in the trust fund. This bill would tleman from Ohio? er, I move to suspend the rules and assist States in more efficiently receiving and There was no objection. pass the bill (H.R. 1272) to authorize ap- disbursing money from the trust fund. It would propriations for fiscal years 1998 and also give the States increased flexibility in the f 1999 for the United States Fire Admin- use of money from the trust fund. istration, and for other purposes, as This Member urges his colleagues to sup- amended. REPORT ON RESOLUTION PROVID- The Clerk read as follows: port H.R. 688. ING FOR CONSIDERATION OF H.R. 1272 Mr. LARGENT. Mr. Speaker, as a member H.R. 1271, FAA RESEARCH, ENGI- of the Commerce Committee's Finance and NEERING, AND DEVELOPMENT Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Hazardous Materials Subcommittee, I rise in AUTHORIZATION ACT OF 1997 support of H.R. 688, the Leaking Underground Congress assembled, Storage Tank Trust Fund Act, commonly re- Mr. MCINNIS, from the Committee SECTION 1. SHORT TITLE. ferred to as the LUST program. on Rules, submitted a privileged report This Act may be cited as the ‘‘Fire Admin- My colleague, Mr. SCHAEFER, has developed (Rept. No. 105–70) on the resolution (H. istration Authorization Act of 1997’’. a well-crafted piece of legislation which has Res. 125) providing for consideration of SEC. 2. AUTHORIZATION OF APPROPRIATIONS. two primary purposes. The first is to ensure the bill (H.R. 1271) to authorize the Section 17(g)(1) of the Federal Fire Preven- that 85 percent of the money Congress appro- Federal Aviation Administration’s re- tion and Control Act of 1974 (15 U.S.C. search, engineering, and development 2216(g)(1)) is amended— priates for the program goes to the States; (1) by striking ‘‘and’’ at the end of subpara- and to expand the uses for which the trust programs for fiscal years 1998 through graph (E); fund moneys can be used. 2000, and for other purposes, which was (2) by striking the period at the end of sub- In 1986, Congress created the LUST Trust referred to the House Calendar and or- paragraph (F) and inserting in lieu thereof a Fund, paid for with a one-tenth of one cent per dered to be printed. semicolon; and H1754 CONGRESSIONAL RECORD — HOUSE April 23, 1997 (3) by adding at the end the following new use of the United States Government. Such (Mr. SENSENBRENNER asked and subparagraphs: term does not include a cooperative agree- was given permission to revise and ex- ‘‘(G) $29,600,000 for the fiscal year ending ment (as such term is used in section 6305 of tend his remarks.) September 30, 1998; and title 31, United States Code) or a cooperative Mr. SENSENBRENNER. Mr. Speak- ‘‘(H) $30,500,000 for the fiscal year ending research and development agreement (as er, I rise today to ask that the House September 30, 1999.’’. such term is defined in section 12(d)(1) of the suspend the rules and pass the bill, SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS. Stevenson-Wydler Technology Innovation The Federal Fire Prevention and Control Act of 1980 (15 U.S.C. 3710a(d)(1))). H.R. 1272, the Fire Administration Au- Act of 1974 is amended— SEC. 6. NOTICE. thorization Act of 1977. (1) in section 29(a)(1), by inserting ‘‘, or any (a) NOTICE OF REPROGRAMMING.—If any Mr. Speaker, this bill, as amended, successor standard thereto,’’ after ‘‘Associa- funds authorized by the amendments made was reported favorably by voice vote tion Standard 74’’; by this Act are subject to a reprogramming with overwhelming bipartisan support (2) in section 29(a)(2), by inserting ‘‘or any action that requires notice to be provided to by the Committee on Science on April successor standards thereto,’’ after ‘‘which- the Appropriations Committees of the House 16, 1997. ever is appropriate,’’; of Representatives and the Senate, notice of H.R. 1272 reauthorizes the programs (3) in section 29(b)(2), by inserting ‘‘, or any such action shall concurrently be provided to and activities of the U.S. Fire Adminis- successor standards thereto’’ after ‘‘Associa- the Committee on Science of the House of tion Standard 13 or 13–R’’; Representatives and the Committee on Com- tration, a small but important Federal (4) in section 31(c)(2)(B)(i), by inserting ‘‘or merce, Science, and Transportation of the agency within the Federal Emergency any successor standard thereto,’’ after ‘‘Life Senate. Management Agency. The USFA was Safety Code),’’; and (b) NOTICE OF REORGANIZATION.—The Ad- created by Congress in 1974 in response (5) in section 31(c)(2)(B)(ii), by inserting ministrator of the United States Fire Ad- to a report by the President’s National ‘‘or any successor standard thereto,’’ after ministration shall provide notice to the Commission on Fire Prevention and ‘‘Association Standard 101,’’. Committees on Science and Appropriations Control, entitled ‘‘America Burning,’’ of the House of Representatives, and the SEC. 4. TERMINATION OR PRIVATIZATION OF which presented a dismal assessment of FUNCTIONS. Committees on Commerce, Science, and The Administrator of the United States Transportation and Appropriations of the the Nation’s fire problem. The report Fire Administration shall transmit to Con- Senate, not later than 15 days before any found that nearly 12,000 lives were lost gress a report providing notice at least 60 major reorganization of any program, to fire yearly in this country. In addi- days in advance of the termination or trans- project, or activity of the United States Fire tion, fire was found to be responsible fer to a private sector entity of any signifi- Administration. for more than 300,000 injuries and over cant function of the United States Fire Ad- SEC. 7. SENSE OF CONGRESS ON THE YEAR 2000 $3 million in economic losses. ministration. PROBLEM. Congress reacted to the report by de- SEC. 5. LIMITATIONS. With the year 2000 fast approaching, it is claring a Federal role for reducing fire (a) PROHIBITION OF LOBBYING ACTIVITIES.— the sense of Congress that the United States Fire Administration should— losses and created the USFA and the None of the funds authorized by the amend- National Fire Academy. The USFA is ments made by this Act shall be available for (1) give high priority to correcting all 2- any activity whose purpose is to influence digit date-related problems in its computer currently charged with helping prevent legislation pending before the Congress, ex- systems to ensure that those systems con- and control fire-related losses through, cept that this subsection shall not prevent tinue to operate effectively in the year 2000 first, coordination of the Nation’s fire officers or employees of the United States or and beyond; safety and emergency medical service of its departments or agencies from commu- (2) access immediately the extent of the activities; second, educating the public risk to the operations of the United States nicating to Members of Congress on the re- on fire prevention and control; third, quest of any Member or to Congress, through Fire Administration posed by the problems referred to in paragraph (1), and plan and collecting, analyzing and disseminat- the proper channels, requests for legislation ing data related to fire; fourth, promot- or appropriations which they deem necessary budget for achieving Year 2000 compliance for the efficient conduct of the public busi- for all of its mission-critical systems; and ing the use of sprinkler systems in resi- ness. (3) develop contingency plans for those sys- dential and commercial buildings; tems that the United States Fire Adminis- (b) LIMITATION ON APPROPRIATIONS.—No fifth, conducting research and develop- sums are authorized to be appropriated to tration is unable to correct in time. ment on fire suppression; sixth, pro- the Administrator of the United States Fire SEC. 8. BUY AMERICAN. moting fire fighter health and safety; Administration for fiscal years 1998 and 1999 (a) COMPLIANCE WITH BUY AMERICAN ACT.— and seventh, coordinating with other No funds appropriated pursuant to the for the activities for which sums are author- agencies charged with emergency re- ized by the amendments made by this Act, amendments made by this Act may be expended by an entity unless the entity agrees sponse responsibilities. unless such sums are specifically authorized The USFA administers the National to be appropriated by the amendments made that in expending the assistance the entity by this Act. will comply with sections 2 through 4 of the Fire Academy. The academy provides (c) ELIGIBILITY FOR AWARDS.— Act of March 3, 1933 (41 U.S.C. 10a–10c, popu- management-level training and edu- (1) IN GENERAL.—The Administrator of the larly known as the ‘‘Buy American Act’’). cation to fire and emergency service United States Fire Administration shall ex- (b) SENSE OF CONGRESS.—In the case of any personnel and fire protection and conclude from consideration for grant agree- equipment or products that may be author- trol activities. The Fire Academy, lo- ments made by the Administration after fis- ized to be purchased with financial assistance provided under the amendments made cated in Emmitsburg, MD, trains tens cal year 1997 any person who received funds, of thousands of fire and emergency per- other than those described in paragraph (2), by this Act, it is the sense of Congress that appropriated for a fiscal year after fiscal entities receiving such assistance should, in sonnel a year through its on and off year 1997, under a grant agreement from any expending the assistance, purchase only campus programs. Federal funding source for a project that was American-made equipment and products. Year after year during budget hear- not subjected to a competitive, merit-based (c) NOTICE TO RECIPIENTS OF ASSISTANCE.— ings held by the committee, witnesses award process. Any exclusion from consider- In providing financial assistance under the from the volunteer and paid fire servation pursuant to this subsection shall be ef- amendments made by this Act, the Adminis- ices, as well as emergency services, fective for a period of 5 years after the per- trator of the United States Fire Administra- have testified to the important and in- son receives such Federal funds. tion shall provide to each recipient of the assistance a notice describing the statement dispensable role the USFA and NFA (2) EXCEPTION.—Paragraph (1) shall not pay and their ability to perform their apply to the receipt of Federal funds by a made in subsection (a) by the Congress. person due to the membership of that person The SPEAKER pro tempore. Pursu- responsibilities. For a modest Federal in a class specified by law for which assistant to the rule, the gentleman from expenditure, the USFA leverages the resources of tens of thousands of fire ance is awarded to members of the class ac- Wisconsin [Mr. SENSENBRENNER] and cording to a formula provided by law. the gentleman from Michigan [Mr. departments nationwide. The USFA (3) DEFINITION.—For purposes of this sub- provides training and education to fire- BARCIA] each will control 20 minutes. section, the term ‘‘grant agreement’’ means fighters, provides them with data a legal instrument whose principal purpose The Chair recognizes the gentleman from Wisconsin [Mr. SENSENBRENNER]. which enables them to fight fires more is to transfer a thing of value to the recipi- efficiently and safely, and performs re- ent to carry out a public purpose of support b 1900 or stimulation authorized by a law of the search on lifesaving protective cloth- United States, and does not include the ac- Mr. SENSENBRENNER. Mr. Speak- ing and gear as well as new fire sup- quisition (by purchase, lease, or barter) of er, I yield myself such time as I may pression technologies. All of these ac- property or services for the direct benefit or consume. tivities could not be done as well, if at April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1755 all, if the tight budgets of volunteer enth, a sense of Congress resolution life and destruction of property due to fire departments, without whom the emphasizing that planning should fire was a national problem which Nation would be incapable of protect- begin immediately to assess and cor- could be improved by focused and co- ing lives and property without an enor- rect any computer systems affected by ordinated education, training and re- mous expenditure of money, money the year 2000 date-related software search efforts. During the past 25 which I will hasten to say would be problem and requires the USFA to years, significant progress has been raised through local property taxes. comply with the Buy American Act. made through the programs of the Fire H.R. 1272 authorizes $29.6 million in I understand that there is some con- Administration which increases public fiscal year 1998 and $34.5 million in fis- fusion among Members about this bill awareness of fire safety measures, im- cal year 1999, a 3 percent annual in- based upon erroneous information that proves the effectiveness of fire and crease over the administration’s re- many offices received regarding the emergency services and spurs the wider quest of $28.7 million. The USFA needs bill’s authorization levels compared use of home fire safety devices. Never- the slight increase because the agency with fiscal year 1997 spending. The theless the United States still has one recently acquired a new mission. original appropriation to USFA for fis- of the highest fire death rates among The USFA’s new mission, counter cal 1997 was $27.6 million. However, late advanced nations. terrorism training for emergency re- last year Congress appropriated an ad- While much has been accomplished sponse personnel, arose from the enact- ditional $2.5 million to USFA for a new by the Fire Administration, the record ment of the Antiterrorism and Effec- mission in counter terrorism training, of fire death rates and property loss in tive Death Penalty Act passed last which raised the spending level to 30.1 our Nation reveals that much remains year by the Congress and signed by the million in fiscal year 1997. This was in to be done. H.R. 1272 authorizes funding President. Counter terrorism training response to a supplemental request by for the Fire Administration above the for first responders is an appropriate the administration for funds author- President’s request for fiscal year 1998 function for the USFA as it is fre- ized in the antiterrorism and effective and provides sufficient growth to offset quently local fire and emergency de- death penalty act of 1996. inflation for fiscal year 1999. partments who are first on the scene Let me be clear that the authoriza- On the basis of testimony to the not only to battle fires, but also to tion levels in this bill of 29.6 million Science Committee, the Fire Adminis- react to acts of terrorism such as the for fiscal 1998 and $30.5 million for fis- tration operates effective programs bombings in Oklahoma City and the cal 1999 are lower than the fiscal 1997 that are widely acclaimed by fire- World Trade Center in New York. In appropriated final level of $30.1 million. fighters and emergency response per- fact, counter terrorism training com- Mr. Speaker, in closing I wish to sonnel alike. H.R. 1272 provides the plements and supplements many of the thank the chairman, the gentleman slight growth needed to allow the agen- traditional first responder training from New Mexico [Mr. SCHIFF], and the cy to sustain its new and ongoing pro- programs currently offered through the ranking minority member, the gen- grams and continue to successfully National Fire Academy. tleman from Michigan [Mr. BARCIA], of carry out its multiple missions. Following enactment of the the Subcommittee on Basic Research In particular, the increase above the Antiterrorism Act, money was appro- of the Committee on Science for their fiscal year 1998 request is for the pur- priated to FEMA and the USFA in the hard work on this legislation as well as pose of providing sufficient resources Omnibus Appropriations Act of 1997 to the full committee’s ranking member, to allow the Fire Administration to begin counter terrorism training this the gentleman from California [Mr. continue its important new education year. The USFA’s fiscal 1998 budget re- BROWN]. I urge the Houses’s support of and training programs for counter ter- quest includes for the first time an ap- this bill. rorism, which have been expressed so propriation for this activity, without a Mr. Speaker, I reserve the balance of eloquently by the chair of the Science corresponding increase in the overall my time. Committee, the gentleman from Wis- budget request. During the commit- Mr. BARCIA. Mr. Speaker, I yield consin [Mr. SENSENBRENNER] in his re- tee’s budget hearing on USFA, the ad- myself such time as I may consume. marks. ministrator explained that request re- Mr. Speaker, I rise in support of With our world becoming no less dan- flects the incorporation of counter ter- House Resolution 1272, the Fire Admin- gerous, it is vital that the first re- rorism training as a new, permanent istration Authorization Act of 1997. I sponders to emergencies in every commission of the agency and that the want to commend the gentleman from munity are well-trained and ready to arson budget would be decreased in New Mexico [Mr. SCHIFF], the chairman deal with terrorist actions. In giving order to fund this mission. of the Subcommittee on Basic Re- the Fire Administration this impor- As I have stated before, counter ter- search, for his efforts to develop this tant, new responsibility, it is essential rorism training is relevant and appro- legislation. I also want to especially to also provide sufficient resources to priately performed within the USFA. acknowledge the leadership of the ensure that the agency’s traditional However, the Committee on Science chairman of the Committee on Science, functions involving firefighter training feels that a slight increase in the budg- the gentleman from Wisconsin [Mr. and public fire education do not suffer. et is necessary in order to accommo- SENSENBRENNER] and the ranking H.R. 1272 provides the modest growth date the new mission, while ensuring Democratic member, the gentleman that will prevent such an adverse im- that the agency’s core missions, in- from California [Mr. BROWN] for bring- pact on the agency. cluding arson, are not negatively im- ing the bill before the House so expedi- The Fire Administration has long en- pacted. tiously. joyed the bipartisan support of Con- The other sections of H.R. 1272 in- The U.S. Fire Administration is a gress because of the recognition of its clude: first, technical changes to the small Federal agency with a dispropor- vital mission to increase public safety. fire protection standards; second, a tionate impact. Its programs make a I would like to commend the majority provision requiring that the adminis- difference by improving the skills of members of the Science Committee for trator inform Congress in advance of firefighters and other emergency res- working in a bipartisan fashion with any effort to privatize or terminate cue workers in all parts of the Nation, the minority to develop H.R. 1272. agency activities; third, a prohibition improving the tools available to detect Mr. Speaker, H.R. 1272 is a good bill of funds authorized by this act for con- and subdue fires and by raising public which authorizes the programs of an gressional lobbying; fourth, a limita- awareness of fire prevention measures. agency that truly contributes to the tion on unauthorized appropriations; Although the Federal expenditure for well-being of all of our citizens; and I fifth, a 5-year limitation on future the agency is small, its impact on the am pleased to recommend the measure grants to a person who received non- well-being of all Americans is enor- to my colleagues for their approval. competitive, merit-reviewed awards; mous. Mr. Speaker, I yield such time as she sixth, a requirement that reprograming The Fire Administration was created may consume to the gentlewoman from notices be required by the Appropria- by the Federal Fire Prevention and Texas [Ms. JACKSON LEE]. tions Committees must be provided to Control Act of 1974 in response to a Ms. JACKSON LEE of Texas. Mr. the authorizing committees; and sev- growing awareness that the high loss of Speaker, I thank the ranking member H1756 CONGRESSIONAL RECORD — HOUSE April 23, 1997 for yielding me the time, and I thank search into and conducts special stud- to our most critical emergency situations. We very much the chairman and the rank- ies to improve fire prevention and pro- must be prepared to handle the critical situa- ing member for this bipartisan effort tection. USFA’s national fire incidents tions that inevitably arise. on behalf of the Fire Administration reporting system collects, analyzes and The United States has one of the highest Authorization Act. disseminates data to assist State and fire death rates in the industrialized world. Ac- If there was a pleasurable act in the local governments in reducing fire cording to the USFA, more Americans die in House Science Committee, certainly, losses. fires each year than in all the natural disasters being able to support this agency and In NFA classrooms there are individ- combined. all that it does was that. I would also uals who are trained to save lives, not Approximately 4,500 deaths and 30,000 ci- like to stand today to salute all of the only from terrorist attacks, but also vilian injuries occur annually. Eighty percent of Nation’s firefighters and emergency from natural disasters and hazardous all civilian deaths occur in the home. Approxi- staff across the Nation, for it is materials disasters. mately 2 million fires are reported each year through their sacrifice and effort that It is important to know exactly what with a direct property loss of about $8.5 billion we are, in fact, a safer country. we are funding. Particularly, the ac- per year with a cost to taxpayers of about $50 In 1974, Congress created the U.S. tivities of the National Fire Academy billion per year. Fire Administration and its National and those courses include training indi- According to the USFA, its mission is to pro- Fire Academy in order to halt the trag- viduals on command and control of fire vide leadership, coordination, and support for ic loss of firefighters and individuals in department operations in multialarm the Nation's fire prevention and control, fire the United States. Training, research, incidences, something very important training and education, and emergency medi- and public education have accounted for our urban areas and even in our cal services activities. The mission is carried for the success of the U.S. Fire Admin- smaller communities. It also assists, if out through programs directed at reducing in- istration’s commitment to reduce the you will, in fighting the overall world juries and loss of life and property resulting loss of life. threat of terrorism. Terrorism is a from fire. The USFA also is responsible for the devel- There is no doubt that the people of worldwide threat that waits until the opment and delivery of training programs to America in our communities are safer most vulnerable moment to shatter the advance the professionalism of the fire service as a result of the USFA. Every man, lives and dreams of families and indi- and allied personnel. USFA assists State and woman, and child in America benefits viduals. One terrorist attack affects local governmental efforts to prevent and con- from its efforts, as do the Nation’s 1.2 hundreds, if not thousands, of individ- trol fire-related incidents, arson, and enhance million fire servers, emergency medical uals. The ability to swiftly mitigate the capability of the fire service to material in- servers, and emergency response per- the damages of terrorism must be firm- cidents. sonnel. ly and solidly in place. We do not know The USFA promotes firefighter health and Emergencies will continue to occur. where the next terrorist attack will safety and initiates research into and conducts How we react to emergencies depends take place, but fire departments across special studies to improve fire prevention and on the readiness of those that are dis- this country must be ready and able to protection. USFA's national fire incidents re- patched to respond to our most critical respond if called upon. porting system [NFIRS) collects, analyzes, and The National Fire Academy trains emergency situations. We must be pre- disseminates data to assist State and local students from all across the United pared to handle the critical situations governments in reducing fire losses. that inevitably will arise. States. I am very proud that in Hous- The National Emergency Training Center The United States does have one of ton a total of 29 firefighting students [NETC] in Emmitsburg, MD, is a 107-acre the highest fire death rates in the in- attended classes at the Emergency campus which is shared by the Emergency dustrialized world. We are obviously Management Institute and the Na- Management Institute [EMI], the National Fire working hard to bring that number tional Fire Academy during the fiscal Academy, and the U.S. Fire Administration. down. More Americans die in fires each year 1996. The United States must have Through the courses and programs of the year than in all the natural disasters as its priority to bring down the ter- National Fire Academy, it works to enhance combined. With this agency, however, rible loss of life and property damage the ability of the fire service and allied profes- we feel comfortable that we are work- as it relates to fire. This supportive sionals to deal more effectively with fire and ing steadfastly to stem that tide. legislation will help us do that in the related emergencies. The Fire Academy trains For example, approximately 4,500 years to come. approximately 4,000 students through resident deaths and 30,000 civilian injuries occur Again, I am gratified for the biparti- courses. An additional 3,500 students attend annually. Eighty percent of all civilian san effort. My thanks to the chair- State weekend programs which offer shorter, deaths occur in the home. Approxi- person and ranking member. more intense courses on designated week- mately 2 million fires are reported Finally, we must remember we do ends set aide for specific States. each year, with the direct property loss not know where the next fire emer- More than 500 students attended regional of about $8.5 billion per year, with the gency will occur, but we must be pre- delivery courses annually, and off campus di- cost to taxpayers of about $50 billion a pared to combat it and handle it effec- rect delivery courses reach 7,000 participants. year. tively. The efforts of the U.S. Fire Ad- According to the National Fire Academy, its ministration allows us to accomplish b 1915 delivery system is diverse. Teaching facilities this task. I rise in support of this legis- include modern classrooms, residence halls, One of the missions of the USFA is lation. and training facilities. leadership coordination and support for Ms. JACKSON-LEE of Texas. Mr. Speaker, In NFA classrooms are individuals who are the Nation’s fire prevention and con- in 1974, Congress created the U.S. Fire Ad- trained to save lives; not only from terrorists trol, fire training and education and ministration [USFA] and its National Fire Acad- attacks, but also from natural disasters and emergency medical services activities. emy [NFA] in order to halt the tragic loss of hazardous materials disasters. This mission is carried out through firefighters and individuals in the United It is important to know exactly what we are programs directed at reducing injuries States. Training, research, and public edu- funding. National Fire Academy courses pro- and loss of life and property resulting cation have accounted for the success of the vide resident training in incident command and from fire. U.S. Fire Administration's commitment to re- include: Certainly our heart goes out to those duce the loss of life. Command and control of fire department op- citizens in North Dakota suffering There is no doubt that the people of Amer- erations in multi-alarm incidents; from the flood and then the absolute ica and our communities are safer as a result Command and control of fire department op- irony of seeing their buildings burned of the USFA. Every man, woman, and child in erations at natural and manmade disasters, down. Certainly this is an aspect of America benefits from its efforts, as do the which addresses fire and rescue department firefighting that many of us never Nation's 1.2 million fire service, emergency operations at natural and manmade disasters thought we would have to confront, but medical service, and emergency response that may require interagency or interjurisdic- this agency has the ability to try and personnel. tional coordination. Earthquakes, hurricanes, solve those particular problems. Emergencies will continue to occur. How we blizzards, civil disturbances, terrorism, hazard- The USFA promotes firefighter react to emergencies depends on the readi- ous materials releases, tornadoes, and floods health and safety and initiates re- ness of those who are dispatched to respond are a few of the topics that are covered; April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1757 Command and control of fire department op- tleman from Michigan [Mr. BARCIA], sued annually, both in English and Spanish. erations at target hazards, which is designed and the gentleman from California [Mr. These packets assist both formal and informal to introduce command officers to the complex- BROWN], and all of the members of the educators and parents in engaging children in ities involved in commanding incidents at high Committee on Science for working innovative, hands-on learning activities geared risk areas; hard to expedite in a bipartisan man- to science, mathematics and technology. Incident command system for emergency ner this very important bill. I encourage the House and Senate to medical services, where students use sce- Mr. SCHIFF. Mr. Speaker, I rise today in strongly support this outreach program, rec- narios, case studies, graphics, audiovisual, support of H.R. 1272, the Fire Administration ognizing the importance of involving all people and role playing in order to demonstrate an Authorization Act of 1997. This important leg- in the awareness that science, engineering understanding of the concept; islation is the product of a truly bipartisan ef- and technology are important in our lives Basic life support and hazardous materials fort to adequately fund a small Federal agency today and crucial to our progress tomorrow. I response, which emphasize critical concerns whose impact can be felt nationwide, every hope you will join me in celebrating National for emergency medical responders at hazard- day. Science and Technology Week. ous materials incidents; Mr. Speaker, the United States Fire Admin- Mr. Speaker, I want to thank Chairman SEN- Initial response to hazardous materials inci- istration [USFA] was created in 1974 in order SENBRENNER, Mr. BROWN, and Mr. BARCIA for dents: basic concepts which gives students an to help reverse a very disconcerting trend of all of their hard work in getting this legislation understanding of the basic concepts and tech- increasing deaths, injuries, and property dam- to the floor today. I support this bill and ask niques of hazardous materials first response; age caused by fires. Since its establishment, the House for its expeditious enactment. Fire service communication, which focuses the USFA has assisted our nation's first re- Mr. SENSENBRENNER. Mr. Speak- on verbal and written communication skills for sponders in reducing fire losses. The USFA, er, I yield back the balance of my time. fire service managers; charged with coordinating the nation's fire The SPEAKER pro tempore (Mr. Terrorism is a worldwide threat that waits fighting efforts, funds programs in public edu- EWING). The question is on the motion until the most vulnerable moment to shatter cation in fire prevention and control, firefighter offered by gentleman from Wisconsin the lives and dreams of families and individ- health and safety, research and technology, [Mr. SENSENBRENNER] that the House uals. One terrorist attack effects hundreds if and data gathering and analysis. In addition, suspend the rules and pass the bill, not thousands of individuals. The ability to the USFA administers the National Fire Acad- H.R. 1272, as amended. swiftly mitigate the damages of terrorism must emy [NFA] in Emmitsburg, MD through which The question was taken; and (two- be firmly and solidly in place. tens of thousands of firefighters annually re- thirds having voted in favor thereof) We do not know where the next terrorist at- ceive management level education and train- the rules were suspended and the bill, tack will take place. But fire departments ing. as amended, was passed. across this country must be ready and able to During the hearing which I chaired in the A motion to reconsider was laid on respond if called upon. Fire response teams in Basic Research Subcommittee of the Commit- the table. Texas must be as quickly able to rapidly com- tee on Science earlier this year, witnesses bat terrorist attacks as fire response teams in from the volunteer and paid fire fighting com- f New York. Each must possess the same cut- munities testified as to the importance of the ting edge training that will allow them to pro- USFA and NFA to their efforts. These pro- GENERAL LEAVE tect the lives and property of the American grams leverage the modest resources avail- Mr. SENSENBRENNER. Mr. Speak- people. able to local fire departments. er, I ask unanimous consent that all The National Fire Academy trains students Mr. Speaker, H.R. 1272 provides a 3 per- Members may have 5 legislative days from all across the United States. In Houston, cent annual increase in the USFA's FY 1998 within which to revise and extend their a total of 29 firefighting students attended and 1999 budgets. This increase is necessary remarks and to include extraneous ma- classes at the Emergency Management Insti- in order to fund a new mission undertaken by terial on H.R. 1272, the bill just passed. tute and the National Fire Academy during fis- the agency in counter terrorism training for The SPEAKER pro tempore. Is there cal year 1996. emergency first responders, without negatively objection to the request of the gen- The priorities of the U.S. Fire Administration impacting USFA's traditional missions. The tleman from Wisconsin? include public education and fire safety in new mission is complementary to the training There was no objection. order to reduce fire deaths, injuries, and prop- programs currently run by USFA, and I fully erty losses; assist State and local government support this effort. Unfortunately, our nation f efforts to prevent and control for related inci- must deal with the reality that terrorism has dents, especially arson; and develop programs reached our borders. Because it will be local EXTENDING ORDER OF THE HOUSE to encourage State and local fire and EMS fire and emergency service personnel who are OF FEBRUARY 12, 1997, THROUGH service delivery organizations to coordinate first on the scene at these horrible events, as WEDNESDAY, MAY 7, 1997, AS and cooperate with State and local emergency was the case in Oklahoma City, it makes MODIFIED management agencies. sense for USFA to integrate counter terrorism Mr. SENSENBRENNER. Mr. Speak- The USFA also participates in research and training with their other training programs. er, I ask unanimous consent that the technology initiatives to enhance the capability Mr. Speaker, before I close I think it is im- order of the House of February 12, 1997, of the fire service to respond to all types of portant to mention that, as we consider H.R. be extended through Wednesday, May emergencies, including emergency medical 1272, the first in a series of bills reported by 7, 1997, with the following modification: and hazardous materials incidents; to promote the House Science Committee, this week is After ‘‘minority leader’’ insert: ‘‘, or the health, safety, and efficiency of firefighters; National Science & Technology Week. Na- a Member designated from the floor by and to initiate research and evaluation proce- tional Science and Technology Week is an in- the majority leader or the minority dures to improve fire prevention and protec- formal and public education outreach program leader at the time of notice pursuant tion. of the National Science Foundation, dedicated to clause 2(A)(1) of rule IX,’’. We do not know where the next fire emer- to expanding participation by all Americans in The SPEAKER pro tempore. Is there gency will occur. But we must be prepared to the fields of science, technology and engineer- objection to the request of the gen- combat it and handle it effectively. The efforts ing. Since its inception in 1985, National tleman from Wisconsin? of the U.S. Fire Administration allows us to ac- Science & Technology Week has gradually ex- There was no objection. complish this task. panded in scope and impact, involving millions Mr. BARCIA. Mr. Speaker, I thank of Americans in national and local events. f the gentlewoman from Texas. As part of this celebration of innovation and Mr. Speaker, I have no further re- intellect in my home state of New Mexico, the SUPPORT H.R. 400 WITHOUT WEAKENING AMENDMENTS quests for time, and I yield back the Space Center in Alamogordo, provides training balance of my time. workshops for teachers and planning inter- (Mr. COBLE asked and was given per- Mr. SENSENBRENNER. Mr. Speak- active, hands-on science events. The pro- mission to address the House for 1 er, I yield myself the balance of my grams are resourceful in assisting in the dis- minute and to revise and extend his re- time to just briefly thank the gen- tribution of education materials, which are is- marks.) H1758 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Mr. COBLE. Mr. Speaker, never has a The pollsters asked the respondents: uary 7, 1997, and under a previous order bill been so misrepresented and trashed ‘‘Do you support or oppose continuing of the House, the following Members as has the patent bill. The effort to de- most-favored-nation status with will be recognized for 5 minutes each. monize this bill has not contributed to China?’’ Sixty-one percent to twenty- f our debate, but has only misled Mem- nine percent. That is all across the The SPEAKER pro tempore. Under a bers who do not and should not be ex- country, in every region, in all the previous order of the House, the gen- pected to understand the intricacies of cities, in the suburbs, on the farms, all tleman from Georgia [Mr. LEWIS] is the complex patent laws. political spectrum, men and women. recognized for 5 minutes. The fact is even a greater percentage of Following our debate last week, a [Mr. LEWIS of Georgia addressed the women, 67 to 22 percent, oppose MFN. Member was quoted as saying Mr. House. His remarks will appear here- Let us listen to the American people. ROHRABACHER’s bill helps the little guy after in the Extensions of Remarks.] while H.R. 400 only helps big business. The Chinese are persecuting Chris- f I asked him how he reached that con- tians, they have Christians in jail, clusion, and he replied that is what the Catholic priests, Catholic bishops, The SPEAKER pro tempore. Under a opponents of H.R. 400 told me to say. evangelical pastors, persecuting Bud- previous order of the House, the gen- That is his explanation. dhists and Moslems, and yet this Con- tleman from North Carolina [Mr. This typifies the type of reasoning gress and this administration is think- JONES] is recognized for 5 minutes. that has surrounded this debate. We de- ing of giving MFN for China. [Mr. JONES addressed the House. His feated the Rohrabacher amendment I strongly urge Members to read the remarks will appear hereafter in the last week. We are not yet finished. poll. The American people are aware. Extensions of Remarks.] Help us defeat the amendments today, The Republican Party and the Demo- f pass H.R. 400, and bring the United cratic Party ought to be. Oppose MFN The SPEAKER pro tempore. Under a States patent system into the 21st cen- for China. previous order of the House, the gen- tury. Mr. Speaker, I include the following tleman from North Dakota [Mr. editorial for the RECORD: Mr. Speaker, later today we will finish con- POMEROY] is recognized for 5 minutes. sideration of an omnibus patent bill, H.R. 400, [From the Weekly Standard, April 28, 1997] [Mr. POMEROY addressed the House. which I have attempted to shepherd through THE POLL NUMBERS ON CHINA: 61–29 AGAINST His remarks will appear hereafter in this body. While I believe we will pass the The Washington debate over the Clinton the Extensions of Remarks.] administration’s policy of appeasement— measure without weakening amendments, I f feel compelled to address the manner by pardon us, ‘‘engagement’’—toward China is heating up. It will get even warmer as July The SPEAKER pro tempore. Under a which the bill has been criticized since its in- 1 nears, when Hong Kong reverts to Chinese previous order of the House, the gentle- troduction on January 9. sovereignty after 155 years as a British woman from New York [Mrs. KELLY] is Never, in my years as a Congressman have crown colony. And there’ll be a full boil recognized for 5 minutes. I seen a piece of legislation so thoroughly mis- when Congress takes up the question of Chi- [Mrs. KELLY addressed the House. represented as to content and effect as has na’s ‘‘most favored nation’’ status in Amer- the patent bill. The effort to demonize this bill ican trade law. The fearsome let’s-trade- Her remarks will appear hereafter in has not contributed to our debate; it has only with-Beijing lobby will twist the arms of the Extensions of Remarks.] served to mislead, confuse, and paralyze congressmen to shut up about human rights f some Members who do not and should not be and pass MFN. Wavering legislators will The SPEAKER pro tempore. Under a want to know: Where’s the public on this previous order of the House, the gen- expected to understand all of the intricacies of nettlesome issue? Here’s the answer. a complex and arcane topic such as patent At the Weekly Standard’s request, the tleman from Washington [Mr. law. If we wait much longer, I anticipate that polling firm Public Opinion Strategies ear- METCALF] is recognized for 5 minutes. our detractors will attempt to convince the lier this month reminded 800 Americans that [Mr. METCALF addressed the House. American public that I, as a lifetime member of the MFN designation ‘‘gives the Chinese full His remarks will appear hereafter in the VFW, am conspiring with the other Bol- trading privileges with the United States.’’ the Extensions of Remarks.] Then our pollsters posed a question that, if sheviks down at the VFW Hall in Greensboro, f anything, bends over backwards in favor of NC, to destroy the United States and subvert engagement. ARMENIAN GENOCIDE her national economy. Some people support MFN ‘‘because they With all due respect, Mr. Speaker, the chief believe it will promote democracy and free The SPEAKER pro tempore. Under opponent of H.R. 400 does not serve on either markets in China and help the U.S. econ- the Speaker’s announced policy of Jan- the subcommittee or full committee of jurisdic- omy.’’ Others want to suspend MFN ‘‘because uary 7, 1997, the gentleman from New tion. I dare say he has never sat on a panel China limits human rights, sells arms to Jersey [Mr. PALLONE] is recognized for charged with having knowledge of any intellec- Iran and pursues an aggressive foreign pol- 60 minutes as the designee of the mi- tual property law. icy.’’ So do our poll respondents ‘‘support or nority leader. oppose continuing most favored nation sta- Mr. PALLONE. Mr. Speaker, I rise Mr. Speaker, I implore my colleagues to tus with China?’’ bring our patent system into the 21st century The result: The American people oppose today as my colleagues and I do every by supporting H.R. 400 and rejecting the sim- MFN, overwhelmingly, by 61 to 29 percent year at this time to join in remem- plistic and distorted criticism that has sur- (the other 10 percent don’t or gave no an- brance and commemoration of one of rounded the bill to date. swer). They oppose it in every region of the the most horrible events of the 20th f country. They oppose it in the cities. They century and, in fact, in all of human oppose it in the suburbs. They oppose it on history. That is the systematic exter- AGAINST MFN FOR CHINA the farm. White people oppose it. Black peo- mination of 1.5 million Armenian men, (Mr. WOLF asked and was given per- ple oppose it. Republicans oppose it. Demo- women, and children during the final crats oppose it. Rich people oppose it. Poor mission to address the House for 1 people oppose it. High-school dropouts op- years of the Ottoman Turkish empire. minute and to revise and extend his re- pose it. Ph.D.s oppose it. Married people op- This was the first genocide of the 20th marks and include extraneous mate- pose it. Single people oppose it. Clinton vot- century, a precursor to the Nazi Holo- rial.) ers oppose it. Dole voters oppose it. Perot caust and the other cases of ethnic Mr. WOLF. Mr. Speaker, the question voters oppose it. cleansing and mass extermination of of MFN will be coming up. I urge Mem- In other words, everyone opposes MFN. peoples in our time in Bosnia and bers to take a look at a recent poll And interestingly enough, no one opposes Central Africa and in other parts of the MFN more than women do; by a whopping 45- done by the Weekly Standard which I point margin, 67 to 22 percent. So on this world. will put in the RECORD. This is what issue, President Clinton has a gender gap. He We must, Mr. Speaker, call what hap- Public Opinion Strategies said: deserves it. pened to the Armenian people between By an overwhelming margin of 61 to f the years 1915 and 1923 by its correct 29 percent, the American people oppose name, and that is genocide. Tomorrow, MFN for China. The other 10 percent SPECIAL ORDERS Thursday, April 24, marks the 82d anni- did not know. The SPEAKER pro tempore. Under versary of the beginning of the Arme- Sixty-one to twenty-nine percent. the Speaker’s announced policy of Jan- nian genocide. Armenian-Americans April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1759 throughout the United States and peo- the genocide this evening, but I would lutions officially recognizing the Ar- ple of conscience everywhere are com- like now, if I could, to yield to the gen- menian genocide. The United States memorating this event in various tleman from Massachusetts [Mr. should go on record clearly and unam- ways. MCGOVERN], who has joined me on biguously recognizing the Armenian Our annual tradition of holding a many occasions on the floor on Special genocide, and setting aside April 24 as special order here in the House of Rep- Orders, and I am very pleased to see a day of remembrance. resentatives on or near the anniversary him here tonight on this occasion. I am proud to be a cosponsor of of the genocide is always a proud mo- Mr. MCGOVERN. I want to thank the House Concurrent Resolution 55 that ment for this institution, a time where gentleman from New Jersey for orga- honors the victims of the Armenian Members come together on a bipartisan nizing this time so that we might come genocide and calls upon the United basis to remember, to try to counter together in remembrance of this ter- States to recognize the genocide and the indifference and the outright dis- rible chapter in human history. encourage the Republic of Turkey to tortions of history. Yet, regrettably, I While there are some nations that acknowledge and commemorate the would say incredibly, the United States object to the term ‘‘genocide,’’ what atrocity committed against the Arme- does not officially recognize the Arme- took place in Armenia between the nian population from 1915 to 1923. nian genocide. Bowing to strong pres- years of 1915 and 1923 was exactly that, As a Member of the National Caucus sure from Turkey, the U.S. State De- a genocide. Whole communities were on Armenian Issues formed in 1995 by partment has, for more than 15 years, wiped off the face of the map. Over 1.5 the gentleman from New Jersey [Mr. shied away from referring to the tragic million men, women, and children were PALLONE] and our colleague, the gen- events of 1915 to 1923 by the word deported, forced into slave labor, tor- tleman from Illinois [Mr. PORTER], I ‘‘genocide.’’ tured, and exterminated by the Otto- am committed to being a voice for a Successive U.S. Presidents have an- man government of Turkey. stronger partnership between the Unit- nually issued proclamations on the an- What happened in those years was ed States and the Armenia of today. niversary of the genocide expressing more than just a series of massacres But the gentleman from New Jersey sorrow for the massacres and solidarity carried out by the Turkish Government also brought us together this evening with the victims and survivors, but al- during a time of instability, revolu- not only to remember the past, but to ways stopping short of using the word tion, and war. It was the first example praise the spirit and contributions of ‘‘genocide,’’ thus minimizing and not of genocide of the 20th century, a pre- Armenian-Americans who are integral accurately conveying what really hap- cursor to the Nazi Holocaust and the members of our cities and commu- pened beginning 82 years ago. nities. The gentleman from New Jersey In the 1970’s, the U.S. House passed a other cases of ethnic cleansing and may not be aware that the first Arme- resolution officially recognizing the massive extermination that have so nian community in the United States genocide, but it did not become law. In haunted our times. was established at the end of the 19th June 1996, just last year, during debate With the rise of totalitarian regimes on the foreign operations appropria- in Europe during the 1920’s and 1930’s century in the city of Worcester, in tions bill, the House passed, by more and the outbreak of World War II, the what is now the Third Congressional than 300 votes in favor, an amendment genocide perpetrated against the peo- District of Massachusetts, which I have withholding economic assistance to ple of Armenia was largely forgotten. the privilege of representing. The very Turkey until and unless that country It has often been said that Adolph Hit- first Armenian church was built in acknowledged the genocide. But again, ler, when planning the Nazi strategy of Worcester. So the history of my dis- that provision was removed in con- extermination of the Jews that cul- trict and the history of the Armenian ference. minated in the final solution, re- people in America are deeply linked. Today, there are some 30 countries marked, who today remembers the ex- That history continues today, for op- from Australia to Russia to Lebanon termination of the Armenians? Well, erating just outside the town of Frank- that have adopted resolutions officially we remember, and we must always re- lin, MA, in the center of my district, is recognizing the Armenian genocide. member. Forgetting history not only the Armenian Youth Federation Sum- When I speak to Armenian-American dishonors the victims and the survi- mer Camp, where for the past 40 sum- groups, many people are shocked to vors, it encourages tyrants to believe mers over 500 Armenian young people learn that the United States does not that they can kill with impunity. from across the country come together officially recognize the genocide. Ar- Most of the survivors of the Arme- in fellowship. menian-Americans love this country nian genocide have now passed away, There are 1,400 Armenian families in and are very proud of the stands, the while the few who are still living are the Third Congressional District in brave stands that we have taken very old now. Massachusetts, active members in the communities of Worcester, Shrews- throughout our history. Many people, b 1930 Armenian-Americans and people of bury, Holden, Westborough, Franklin, other ethnic backgrounds, probably Their sons and their daughters, their Medway, and elsewhere. They are in- just naturally assume that the United grandchildren and great grandchildren, volved in supporting the educational States, usually at the forefront of de- will continue to speak out about their institutions of the district, an issue fending human rights and the cause of family’s history and tragedy. It is out that is a high priority for me in my confronting history head on, including of respect for them that we add our work here in the U.S. Congress. They the difficult parts of history, that we voices here today on the floor of the have made their mark in business, the would have been in the lead in this ef- U.S. Congress. It is with great sorrow professions, and the arts. We are all en- fort to remember the past. The fact and with a sense of disbelief that I find riched by their presence. that we have failed to go on record pro- the United States has yet to recognize It is on their behalf that I have come claiming the truth about the Armenian the Armenian genocide. here today to remember and to honor genocide must be rectified. There are official statements each the past, to praise and respect the The United States should go on year observing the massacres that took courage of the present, and to make a record clearly and unambiguously rec- place at the beginning of the century, commitment to work for a better fu- ognizing the Armenian genocide in set- but for reasons of political expedience, ture for all Armenians. ting aside April 24 as a day of remem- and bowing to Turkish pressure, the I just want to again thank the gen- brance. To that end, I urge renewed ef- United States has never recognized tleman from New Jersey for allowing fort on the part of Congress to pass a these mass exterminations as genocide, me to have this opportunity, and thank resolution that puts the United States this in spite of the fact that the U.S. him for his leadership on this issue. firmly on record on the side of the National Archives, which is right here Mr. PALLONE. Mr. Speaker, I appre- truth, and I pledge to keep up the pres- in Washington, DC, holds the most ciate the comments made by the gen- sure on the President to call the geno- comprehensive documentation in the tleman from Massachusetts, and I cide by its proper name. world on the Armenian genocide. know that the Armenian community is Mr. Speaker, I have a lot more com- Some 30 nations, from Australia to a very large one in Massachusetts and ments that I would like to make about Russia to Lebanon, have adopted reso- continues to grow. Basically, I think in H1760 CONGRESSIONAL RECORD — HOUSE April 23, 1997 many ways it was the first State that massacre, and that it occurred on its rooms and civic organizations and reli- really did have a large Armenian com- soil, and that Turks were actively in- gious institutions throughout this munity, so I thank the gentleman for volved, only serves to denigrate the country. We must not deny the truth. joining us tonight. memory of those who died and those Our responsibility on the floor is to Mr. Speaker, I would like to report who suffered and those who suffer make sure that the truth is told, and some good news on this issue. That is today, thinking of their ancestors. told over and over again, so that geno- that on Monday, just this past Monday, As a nation we must not forget the cide does not occur again. That is the April 21, the California General Assem- sad history of a larger power unleashed point we need to make. bly unanimously passed a resolution on a vigorous and creative people to Just to give some facts, again, and recognizing the Armenian genocide, as obliterate their whole culture. The Ar- these are simple, documented facts, on well as the more recent anti-Armenian menian massacre is among the most April 24 of 1915 some 200 Armenian reli- pogroms committed in Azerbaijan. terrible chapters of the 21st century, gious, political, and intellectual lead- Assemblyman Howard Kaloogian, a along with what Stalin did, along with ers from Constantinople or Istanbul Republican representing north San what Mao did, along with what Hitler were arrested and exiled in one fell Diego, authored the resolution and did, along with what Pol Pot did in swoop, silencing the leading represent- guided its passage through the legisla- Cambodia. atives of the Armenian community in ture of that State. I know members of This House must remain vigilant to the Ottoman capital. This was the the California delegation will be join- the efforts of historical revisionism symbolic beginning of the genocide, ing this special order today, and I and the attempt to make de minimis, the occasion we commemorate tonight. know they are very proud of their as the lawyers would say, this terrible But over the years from 1915 to 1923, State today because of what happened tragedy when 1.5 million Armenians as the gentleman mentioned, there with this resolution. were killed and many others maimed were over 1.5 million men, women and I yield to the gentleman from Cali- and wounded, or else we should be children were deported, forced into fornia [Mr. HORN]. faced with the prospect of witnessing slave labor, tortured and exterminated Mr. HORN. I thank the gentleman this type of tragedy again. by the government of the Young Turk from New Jersey, Mr. Speaker, and I hope that those who want to be Committee. The deportations and particularly for his initiative in get- members of the European Community, killings finally ended with the estab- ting this hour for a number of us to those who want to continue in NATO, lishment of the Republic of Turkey in speak to the terrible, sad history that will admit what those that came before 1923, although efforts to erase all has been suffered by the Armenians them did, just as this Nation has ad- traces of the Armenian presence in the from the Turks. mitted its mistakes in both slavery, area continued. Mr. Speaker, I have come to this how black Americans have been treat- After years of imprisonment, slave House floor again, along with the gen- ed, how Indian Americans have been labor, acts of torture and 1.5 million tleman from New Jersey and many treated, how Hispanic-Americans have murders, the Turks tried to erase the other colleagues, to remember the 82d been treated, and how the Japanese- evidence of the Armenian presence in anniversary of the beginning of the Americans in the Second World War the region by changing place names massacre that would ultimately claim were treated. and destroying Armenian culture and over 11⁄2 million Armenian dead, and This Nation’s greatness is because we untold suffering by those who came have the capacity to say we were religious monuments. But this entire after them. wrong, our ancestors were wrong, and shameful and appalling period of his- I have followed the history, both dis- we try to do something about it to tory meets every definition of the term tant and recent, of Armenia for many remedy what has been left of this proud ‘‘genocide.’’ years. Mr. Speaker, out of personal in- colony of vigorous people. Turkey has to come to terms with its terest and as a result of my inter- Mr. PALLONE. Mr. Speaker, I thank past. After all, Mr. Speaker, Turkey is actions with many fine individuals who the gentleman from California [Mr. a member of NATO. The gentleman are members of the American-Arme- HORN] for the statement that he made, from California mentioned that it is a nian community in Long Beach and and again, his State just this past week member of NATO, a defense alliance Fresno, CA, I have had a long-held in- passed this resolution commemorating that was basically set up to defend terest in this matter. and recognizing the genocide for what freedom. Many of our NATO allies, as It is particularly sad for me that this it is, and certainly everyone in Califor- well as some of the eastern and central House must gather year after year to nia can be proud of that fact. I appre- European nations moving toward commemorate this tragic event and to ciate the gentleman’s comments. NATO membership, have very painful secure recognition in memory for it, Mr. Speaker, as the gentleman from and horrible aspects of their history, in and press for the acknowledgment of California mentioned, and I would like some cases very recent history. But this terrible tragedy and shameful to reiterate again, the problem, or cer- some have done a better job than oth- place in history by Turkey. tainly one of the most serious problems ers in confronting their past. Turkey, Unfortunately, the sad history of this we face, is the fact that Turkey goes at least at the official level, has made massacre that took place in Turkey so right on denying that the genocide ever no attempt to face up to the truth. many years ago is often overlooked. took place. Those independent Turkish voices that This leaves the historical reality of the Yesterday my office received, as I am have tried to tell the truth have been plight of the Armenian people vulner- sure many other offices did, a docu- intimidated into silence. able to efforts to minimize or even ment from the Turkish Democracy Mr. Speaker, I mention this again deny the terror that was unleashed Foundation. This document repeats the only because there is such merit in the against their ancestors, unleashed in well-worn claims that the genocide did fact that, for example, in the case of the first decade and a half of this cen- not happen, or that the number of vic- Nazi Germany, that the German Gov- tury. tims is overstated, or that relocation ernment recognized that the Holocaust Because the events 82 years ago are of a certain portion of the population took place. They give reparations for so distant, this House is very right to was limited, et cetera, et cetera. the Holocaust. They commemorate the draw the attention of the Nation to it. The document concludes, and I will Holocaust. They put up memorials to But it must be even more forceful, and quote: ‘‘The U.S. Congress is not the the Holocaust. That makes such a dif- the U.S. Government, through its dip- proper place to discuss historically ference in terms of the Jewish people, lomatic efforts, should pressure the controversial issues, and it should not to recognize that the German Govern- government of Turkey to admit the pass historical judgments.’’ ment acknowledges that this took role that their predecessors many I would like to say right now on the place and it was a terrible thing. When years ago at that time played in this floor, with all due respect to the Turk- Turkey refuses to acknowledge it, it is assault. ish Democracy Foundation, I would say almost as if the genocide continues to The continued denial by the Turkish that the Congress is the proper place to occur, because the government offi- government, our ally in NATO, of this discuss the genocide, as well as class- cially will not recognize it. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1761 Mr. HORN. If the gentleman will con- In other words, that in the case of The U.S. National Archives holds the tinue to yield, Mr. Speaker, he men- Germany and the Jewish Holocaust, most comprehensive documentation in tioned it was the Turkish Democracy trials were held and the people were the world on this historic tragedy, Foundation. brought to justice that in some, not all more than 30,000 pages. Formal pro- Mr. PALLONE. Yes. of them, but some of them who had tests were made by the U.S. Ambas- Mr. HORN. They seem to feel that perpetrated this crime. But in the case sador Henry Morganthau, and Congress over 8 years, as the gentleman men- of Armenia, the Armenian genocide, no approved of allowing a private relief tioned, from 1915 to 1923, that 1.5 mil- trial took place. agency to raise funds in the United lion Armenians must have committed So in a sense the museum is creating States. American consular officials and suicide. Of course, that is nonsense. the trial using contemporary docu- private aid workers secretly housed Ar- Mr. PALLONE. I think the gen- ments and eyewitness accounts. It just menians, distributed aid and helped in tleman is right. I am not saying that brought home again how important their escape to other nations during they do not acknowledge that some and how valuable from a cleansing the years from 1915 to 1923, and many people were killed, but they refuse to point of view, if nothing else, it is to times these Americans acted at great acknowledge the numbers, certainly, have a trial or have a public pro- personal risk to themselves and in di- and they refuse to acknowledge there nouncement by the government or the rect defiance of Turkish orders not to was any systematic effort to kill peo- perpetrators that this took place and help the Armenians. ple in the nature of a genocide or eth- that we still do not have in the case of We have to continue to persuade the nic cleansing. the Armenian genocide. leaders of the Republic of Turkey, a Of course, the fact that they are will- Mr. HORN. Mr. Speaker, if the gen- country that receives hundreds of mil- ing to say that a few people were mur- tleman will continue to yield, I would lions of dollars each year in U.S. aid, to dered or a few people were involved in hope we would draft a bipartisan bill officially acknowledge the truth. As some conflict is simply not acceptable. that would solve that problem. one way to make amends, Turkey That is not what happened. This was a Mr. PALLONE. Mr. Speaker, we should immediately lift its blockade of systematic effort at the government have. There is legislation that has ac- Armenia and accept the Armenian gov- level by the Ottoman Empire to exter- tually been introduced by the gen- ernment’s offer to normalize relations minate a whole people. tleman from California [Mr. Mr. HORN. Exactly. without preconditions. I believe that Mr. PALLONE. If I could just say, I RADANOVICH], I believe, and the gen- these steps would ultimately be in Tur- just want to say that in January I had tleman from Michigan [Mr. BONIOR] on key’s long-term interest as well. By the opportunity to go to Armenia and a bipartisan basis and obviously we doing the right thing and accepting Nagorno-Karabakh and visited the would like to get that moved. I think historical responsibility and improving genocide Memorial Museum, which was we are moving in that direction with relations with the nation of Armenia, a really amazing place and really valu- what we do tonight and with other ac- Turkey can help its own cause in terms able to just be there to see it. tions and statements by our col- of gaining admission to the European But when I went into the museum, leagues. community and recognition in other which is actually still being completed, Mr. HORN. Mr. Speaker, I thank the historical forums. it was almost embarrassing, because I gentleman. Mr. Speaker, I yield to the gentleman Mr. PALLONE. Mr. Speaker, let me, went through a particular room where from California [Mr. SHERMAN]. if I may, I wanted to just elaborate a they had collected the various coun- Mr. SHERMAN. Mr. Speaker, I rise in little more, if I could, on why we at- tries, and there are 30 now, that have memory of the victims of the Arme- tach such significance to insisting that recognized the genocide. The director nian genocide, one of the most tragic the world community, including the of the museum, who was a wonderful events of this century and, of course, United States, recognize the tragedy of man who basically, you know, made the first genocide of this century. the genocide and call it by its proper this his life ambition, to continue and During the years 1915 to 1923, between name. complete this museum, sort of under a million and a half and 2 million Ar- As I said, Turkey stubbornly main- his breath said, you know, the United menians who were citizens of the Otto- tains its disgraceful policy of denying States does not recognize the genocide, man Empire died as a result of a con- that the genocide we solemnly remem- even though Russia and so many other certed effort to annihilate the Arme- ber today ever took place, despite the countries have. nian population. This genocide is an It was really embarrassing to think lack of factual or historical basis for undeniable fact. It is time for the that our country, the bastion of free- Turkey’s denial. From the eyewitness Turkish government to recognize his- dom, has not recognized the genocide accounts of journalists and diplomats tory and to apologize, not only to the when some of the other countries did, on the scene to the eloquent and horri- Armenian community but to humanity including Russia as one of the ones fying testimony of the survivors, the as a whole. that did. historic record is clear: that in the I want to bring to my colleagues’ at- The other thing was, it goes back to name of Turkish nationalistic ideol- tention a statement which the Holo- what we were saying before about the ogy, the rulers of the Ottoman Empire caust Council issued in 1987 on the in- Turkish Government recognition. They conceived, planned and executed a pro- clusion of the Armenian genocide in are in the process of constructing in gram to eliminate ethnic minorities. the U.S. Holocaust memorial museum, the museum a sort of memorial that The primary victims of this cruel pol- because I think it speaks volumes looks like a court. In other words, it is icy were the Armenians. At that time about the need to commemorate, to in the round, and in the center is basi- the word ‘‘genocide’’ had not been recognize and to remember the first cally where the judge would sit, and coined but genocide is what it was. And genocide of this century. then on each of the walls of this round I said there were no Nuremburg trials. That statement read: The genocide of room they have a testimony from eye- There has been no official atonement the Armenian citizens of the Ottoman witness accounts, contemporary eye- by the Turkish nation, and statements Empire between 1915 and 1923 will have witness accounts, of what occurred, in- by me and other Members of Congress a place in the U.S. Holocaust museum cluding one from the U.S. Ambassador about the Armenian genocide are rou- and its library. The fate of Armenians to the Ottoman Empire at the time, tinely met with contemptuous re- should be included in any discussion of Henry Morgenthau. sponses by Turkey’s ambassador to the genocide in the 20th century. United States. But the denials of the I also want to bring to the attention b 1945 revisionists fly in the face of the pre- of my colleagues perhaps the most fa- He testified, repeating what actually ponderance of evidence from American mous statement uttered about the Ar- happened, that it was genocide and and other Western diplomats, from menian genocide, and that was the what occurred. It was explained to me, journalists on scene and from the sur- comment made by Adolf Hitler when he but it needed no explanation, that this vivors themselves, many of whom are reached the conclusion that history is their idea, the Armenian idea of the still alive and some of whom are Amer- would forgive him if he engaged in the Nuremburg trial. ican citizens. genocide he was planning. He stated, H1762 CONGRESSIONAL RECORD — HOUSE April 23, 1997 who, after all, speaks today of the an- try, accepts U.S. assistance, they have What we need to do is insist that nihilation of the Armenians? to allow humanitarian assistance that those who receive aid from the United Mr. Speaker, we here today speak of the U.S. is providing to its neighbor to States not prevent our aid programs the annihilation. pass through that first country’s bor- around the world from being effective. That is why we insist, we must insist ders. Mr. PALLONE. Mr. Speaker, I appre- that this body remember once again I cannot imagine anyone, I cannot ciate the gentleman’s comments. I also the Armenian genocide as one of the imagine any American who would wanted to make reference, I know that most important events of this century. think that it would be possible for a I was at the international relations The mistakes made by the west in re- country that receives American assist- subcommittee, one of the subcommit- action to that event or failure to react ance to deny safe passage of humani- tee hearings that the gentleman was a led in at least part to the annihilation tarian assistance through its borders member of when we talked about try- of 6 million Jews and millions of others to another country. I think if we told ing to provide some assistance to in the rest of this century. any of our constituents that the U.S. Nagorno-Karabagh. I know the gen- That is why I hope that before a sin- government allowed that first country tleman made reference to that. gle dime of American taxpayer dollars to deny access, they would be outraged. Again, if I could just mention that, are spent in aid to Turkey, that An- Yet not only is that done routinely by and perhaps you would like to com- kara must, among other things, recog- Turkey through its blockade, but when ment as well, right now under the nize the Armenian genocide. There is a we passed the Humanitarian Aid Cor- Freedom Support Act, section 907, tendency to view history as something ridor Act, we see year after year the there is no direct assistance to Azer- only of relevance to the past. But those administration coming forward and baijan, no direct U.S. assistance, be- who forget history or those who refuse waiving it and saying, for national se- cause they also have a blockade of Ar- to acknowledge history are doomed to curity reasons, whatever the reasons menia. So Armenia is really effectively repeat it. they gave, I thought were rather poor, blockaded on almost all sides between Today Turkey is not engaged in it is okay to waive this corridor act Turkey and Azerbaijan. However, the genocide against Armenians, but it is and allow Turkey to blockade humani- U.S. continues to provide humani- engaged in trying to strangle the Re- tarian assistance to Armenia. It just tarian assistance to Azerbaijan public of Armenia by not allowing even totally flies in the face of any notion of through nongovernmental organiza- humanitarian supplies to pass to this humanitarian assistance or human tions. landlocked country. I note with regret rights. Unfortunately, none of that assist- that the State Department a few days Mr. SHERMAN. I think that perhaps ance goes to Nagorno-Karabagh. ago informed those of us who are mem- some in the State Department are vic- Nagorno-Karabagh is an Armenian bers of the House Committee on Inter- tims of continuing Cold War thinking. country, between Azerbaijan and Ar- We are no longer engaged in a giant national Relations that once again it menia, that fought a war of independ- chess game against the evil empire of would waive the Humanitarian Aid ence about 5 years ago, successfully, the Soviet Union. Certainly when we Corridor Act. It is time for this act to and is in the midst of trying to gain emerge as the sole superpower, that is carry out its purpose. It is time for recognition by Azerbaijan and Turkey the status that we will enjoy only so Congress to evaluate whether Turkey and other countries of its existence. long as the world regards the United And I was there in January at the should be given impunity to continue States as a bastion of decency and mo- same time that I went to Armenia. I to blockade Armenia. rality in foreign policy. will say, as I have said, that the hu- When Congress passed the act involv- Never in the history of the world has manitarian needs are great and there is ing humanitarian aid corridors, we the rest of the world acquiesced to one absolutely no reason why the U.S. were serious. And I look forward in fu- country emerging as the sole super- should provide nongovernmental as- ture meetings of the Committee on power. It has happened in various resistance, if you will, to one side in this International Relations to trying to gions. It has happened in the world be- conflict, Azerbaijan and Nagorno- put some teeth in that act, to give Con- fore, but never with acquiescence. Karabagh, when the need is just as gress the right to review whether or The reason we are trusted to play the great, if not greater. not it is really necessary for our secu- role we play in the world is because we b rity that we waive that act again and are, yes, we are concerned and I think 2000 again. perhaps should be even more concerned So one of the things that we are try- With that, I thank the gentleman for with our own national interest, but we ing to do this year is to provide some yielding to me. also are guided by morality. And for us humanitarian assistance, probably Mr. PALLONE. I thank the gen- to ignore the strangulation of both eco- through nongovernmental organiza- tleman from California. nomic and humanitarian aid that Tur- tions, to Nagorno-Karabagh. He specifically mentioned the appro- key is imposing on Armenia is actually I know the gentleman at that hear- priation process and some of the provi- harmful to our national security inter- ing was very supportive of that and I sions that the Armenia caucus, which ests because it calls into question the appreciate that, and I yield to the gen- the gentleman is a member of and that foundation, the ideological foundation tleman. I am a member of, some of the things that allows us to be the only world su- Mr. SHERMAN. As a matter of fact, that we are trying to accomplish. It is perpower. I think it is very important that if we sort of ironic in a way or coincidence Another factor that I think is impor- are going to provide aid to that region that tomorrow, April 24, is not only the tant, every time I go back to my dis- of the world that we provide it to the anniversary of the genocide but also trict, and I was just there earlier one part of that region that has been the day when the appropriations sub- today, people are concerned with how wracked by warfare, and that is committee on foreign affairs or foreign effectively our money is spent. They Nagorno-Karabagh. If there is any part operations is going to meet, and that are willing to see the U.S. government of the Caucasus that needs our help, has been, that subcommittee and the do things that are good but only if the that is an area that should be receiving bill that comes to the floor has been money is spent effectively. our help. the vehicle in the past for us to make When we have an international aid Indeed, a portion of the aid that we a point on a number of issues. program which aids Turkey on the one provide to that region should go The gentleman mentioned the Hu- hand and allows Turkey to prevent the through nongovernmental organiza- manitarian Aid Corridor Act, which aid program from being effective, when tions to the people of Nagorno- has been one of the main pieces of leg- the recipient is also the obstructor, Karabagh, and I will be working with islation that the caucus has worked on then how do we go back to our districts the Armenians Issues Caucus and oth- in the last few years. It really makes and say we are paying for air freight ers, both in the committee and here on perfect sense. into Yerevan because we cannot truck the floor, to make sure we provide that Here all we are really saying is that things through Turkey and at the same aid. if one country, in this case it happens time we are spending money to provide Also at that same committee hearing to be Turkey, but it could be any coun- aid to Turkey. I was more than a bit surprised and April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1763 certainly not impressed when I saw And we know there are two principles that allows people to live under the that the administration’s plan for aid in international law, territorial integ- government of their own choice. to the Newly Independent States, the rity and self-determination. The Unit- Our own country was born, perhaps states of the former Soviet Union, an- ed States was clearly siding with the the world’s greatest exercise of the ticipated that going from 1997 to 1998 territorial integrity of Azerbaijan and concept of self-determination, our own they would increase aid to Azerbaijan not the self-determination of Nagorno- Declaration of Independence, and we by $15 million and decrease aid to Ar- Karabagh. set forth in that declaration some menia by $15 million. We need to turn that around and then standards that ought to be applied. Be- Now, they assured me that that fig- the United States has to be an advo- cause when you render a country apart, ure was a mere coincidence, but wheth- cate for Nagorno-Karabagh’s self-deter- when you change borders, the whole er it is a coincidence or a plan, it can mination and then be willing to play a world can be affected. certainly be reversed. One way to deal more significant role. We talked about the injustices im- with it, of course, is to simply not in- We have seen the President, for exposed upon us by King George III. But crease aid to Azerbaijan, a country ample, get involved in the Bosnia situ- they seem somewhat pale compared to that, as the gentleman points out, con- ation, in the Dayton accords, we have the pogroms, compared to the aggres- tinues to blockade Armenia on the seen the President play a major role in sion and the expulsions that the Arme- other side, with Azerbaijan on one side the Mideast, in the Israeli-Palestinian nian population of Nagorno-Karabagh and Turkey on the other, to certainly conflict, and the same type of role has had to suffer over the last decade. not go along with the administration’s needs to be played, I think personally Certainly if we made the case for self- plan to increase aid, but to use that in- by the President, but certainly to not determination, Nagorno-Karabagh has crement of dollars to provide aid to the continue this policy of not recognizing as well. people of Nagorno-Karabagh. or not promoting Karabagh’s self-de- But also the argument for territorial I hope that we would move in that di- termination. integrity. There are borders and there rection and will be suggesting that to I bring this back again to the geno- are borders. The borders of Azerbaijan my colleagues not only here but in cide issue because one of the things were drawn by Joseph Stalin for the writing as well. that was certainly brought home to me purpose of dividing the Armenian peo- Mr. PALLONE. There is no question when I was in Nagorno-Karabagh is the ple and placing Nagorno-Karabagh not that there is a need for humanitarian fact that the history of what has oc- for any logical reason except mischief, assistance to Nagorno-Karabagh, and I curred in that region of the world not except division, except to deliberately have to say that I saw that firsthand. only at the time of the genocide because peoples to be at conflict with And I think the bottom line is that the tween 1915 and 1923, but certainly be- each other. United States policy needs to be more fore and after makes it almost impos- If there was ever a border that should evenhanded. It does not make sense to sible for people who are Armenian, who not be given a lot of respect by the say we are going to give money live in Nagorno-Karabagh, to think international community, it is a border through the nongovernmental organi- that they can ever be protected or ever drawn by Joseph Stalin for the purpose zations to Azerbaijan and not to have any kind of security if they live of oppressing peoples in the Caucasus. Nagorno-Karabagh. And when we weigh territorial integ- The other thing I wanted to say, if under the suzerainty of Azerbaijan. I met a woman outside of Yerevan rity, where the integrity is a Joseph the gentleman would bear with me, is Stalin border and the right of self-de- having been to Karabagh, and of course who was a refugee, and really a victim termination for a people who have suf- our caucus has brought this up on a bi- of three genocides. She was basically fered, I think in ways that our Found- partisan basis many, many times, the deported or had to escape from western ing Fathers did not, the scales cer- concern, the need I should say, for the Armenia at the time of the 1915 geno- United States to play a larger role in cide; she went to Sushi, which is a tainly are in the direction of recogniz- trying to bring a peaceful settlement town, a religious center, in Karabagh, ing the rights of the people of Nagorno- to Nagorno-Karabagh. and was expelled or deported from Karabagh. Obviously, there has been a cease-fire there a few years later; then she ended Mr. PALLONE. If I could, I think now in effect between Azerbaijan and up in Baku, which is the capital of maybe we have another 5 or 10 minutes Nagorno-Karabagh for a few years, and Azerbaijan, and she was about 5 or 6 in our special order, and I just wanted overall it has held. Although there was years ago she was expelled and de- to take this opportunity, if I could, to an incident last week where Azerbaijan ported from there and ended up in mention that although we, the Mem- did violate the cease-fire and there Yerevan. bers of the House, are doing this com- were some people actually killed, So there are people who in the course memoration this evening, many Mem- which was certainly unfortunate, but, of their lives have been the victims of bers, yourself, myself and other Mem- overall, the cease-fire has held. But deportation or genocide on many occa- bers of the House and Senate will take there needs to be a peaceful settlement sions. They are never going to accept part in a Capitol Hill commemoration of this conflict and I believe very the notion that somehow they are part ceremony that is organized by the Ar- strongly the only way that that will of Azerbaijan or that they can live menian National Committee next occur is if the United States plays an peaceably under the suzerainty of Azer- Wednesday, April 30. important role. baijan. I wanted at this time, Mr. Speaker, Earlier this year the United States That is why I believe very strongly to cite the work of both the great orga- agreed to be the cochair of the MINS that the United States has to recognize nizations representing the Armenian group, as it is called, which is a group that fact. We cannot have another American community here in D.C., the of nations that are trying to come to a genocide in Karabagh, so the speak, Armenian Assembly of America and peaceful settlement with regard to and the only way we will make sure it the Armenian National Committee, Nagorno-Karabagh. But, unfortunately, does not happen is if we play a major and they both deserve praise for their the United States really has not played role in trying to bring about a peaceful continued hard work and dedication to a major role in trying to come to a settlement. both Armenia and the United States. peaceful settlement. I yield to the gentleman. The gentleman from California did In fact, I thought that the United Mr. SHERMAN. I agree with the gen- mention the caucus, and if I could just States’ position that it took back in tleman that one of the crowning glo- say something briefly about the cau- late 1996, where the United States ries of the second term of the adminis- cus. Two-and-a-half years ago Con- signed onto this Lisbon Accord, where tration of President Clinton would be gressman PORTER and myself founded they recognized Azerbaijan’s territorial to work for peace and achieve peace in the Congressional Caucus on Armenian integrity, thereby assuming that the Caucasus. There is always a con- Issues basically to be a voice for a Nagorno-Karabagh was part of Azer- flict between the concept of territorial stronger United States-Armenia part- baijan, but at the same time did not integrity and the concept of self-deter- nership and to better represent the in- recognize Nagorno-Karabagh’s self-de- mination, and when we look at the con- terests of the Armenian American com- termination. cept of self-determination we see that munity. We now have 55 members. H1764 CONGRESSIONAL RECORD — HOUSE April 23, 1997 There is a lot of sympathy and moral the massacres of Armenians. No one can Mr. Speaker, after the Genocide, the Arme- support for Armenia in the Congress deny these events and the centrality of these nian people wiped away their tears and cried and the administration, among State events in modern Armenian history. I am out, ``Let us never forget. Let us always re- legislators. Your own State I men- proud to be associated today with my col- member the atrocities that have taken the tioned earlier passed a resolution rec- leagues on this important day of remem- lives of our parents and our children and our ognizing the genocide just earlier this brance. neighbors.'' week, I believe. But the bottom line is I would also like to salute the Republic of As the Armenian-American author William we cannot kid ourselves. We are up Armenia, and urge it to move forward in its Saroyan wrote, ``Go ahead, destroy this race against very strong forces. democratic and economic reforms. Americans * * * Send them from their homes into the Unfortunately, the State Depart- have an interest in the economic development desert * * * Burn their homes and churches. ment, I believe, continues to take a ba- of Armenia, its progress toward a free market Then see if they will not laugh again, see if sically pro-Turkey policy or adhere to economy, and its development of democratic they will not sing and pray again. For, when a very pro-Turkey policy, and among institutions. We want to work with Armenia two of them meet anywhere in the world, see United States and international busi- and its neighbors to insure peace, stability, if they will not create a New Armenia.'' ness interests whose concerns with and progress in their search for greater free- I rise today to remember those cries and to profits and sources of raw material dom and security. There is no better way to make sure that they were not uttered in vain. often outweigh their concerns for the honor the misdeeds of the past than rededi- The Armenian nation lives. We must do every- people of Armenia. So we have to con- cating ourselves to a better future. thing we can to ensure that it is never imper- stantly work against some of these Today in Europe, we have a chance to ad- iled again. others that are out there not really vance the cause of peace and stability more Mr. FRANKS of New Jersey. Mr. Speaker, I standing up for the concerns of Arme- vigorously and on a wider scale than ever be- rise today with my colleagues to commemo- nia and the concerns of the people of fore. I salute all governments, private organi- rate the 82d anniversary of the Armenian Karabagh. zations, and individuals, including the Arme- genocide. April 24, 1915, marks the symbolic begin- In closing today, if I could just say nians, who are working toward this end. I ning of the campaign to extinguish the Arme- one thing. Obviously, there is a need to hope that their efforts will make the world a nian population in the Ottoman Empire. Over pay particular tribute to the survivors safer place, where innocent people no longer the course of nine long years, 1,500,000 Ar- of the genocide. I was in Michigan, ac- suffer the unspeakable crimes of war and ter- menian men, women and children were de- tually, over the weekend at a com- ror. ported, forced into slave labor, tortured, or memoration service and there were Mrs. LOWEY. Mr. Speaker, this year marks exterminated. Another 500,000 had to flee many survivors there, I would say the 82d anniversary of the Armenian Geno- their homes, some coming here to the United maybe about 15 or so people who sur- cide, an act of mass murder that took 1.5 mil- States. It is imperative, therefore, that we, as vived the genocide. Of course, they are lion Armenian lives and led to the exile of the the elected representatives of the people of usually in their late eighties or nine- Armenian nation from its historic homeland. the United States, recognize and commemo- ties, or even 100, and one of the gentle- It is of vital importance that we never forget rate the Genocide of the Armenian people. men actually gave me a book that he what happened to the Armenian people. In- signed that talked about his whole eye Some today deny that the Armenian geno- deed the only thing we can do for the victims cide ever occurred. Not only is there a prepon- witness account of the years 1915 is to remember, and we forget at our own through 1923. And it really was amaz- derance of evidence to prove that it did, but peril. there are a number of survivors, and children ing to talk to someone who could di- The Armenian Genocide, which began 15 rectly explain what went on then. But of survivors, who are living testaments to the years after the start of the 20th century, was horrors of the past. Our own National Archives of course there are thousands of ac- the first act of genocide of this century, but it counts like that in the archives, in the holds more than 30,000 pages of documenta- was far from the last. The Armenian Genocide tion on this historic tragedy. With this over- U.S. archives and around the world. was followed by the Holocaust, Stalin's I just wanted to mention, if I could, whelming evidence, we cannot continue to purges, and other acts of mass murder around that we had many Members of Congress allow the truth to be denied. Forgetting the the world. here tonight who wanted to join in this past not only deprives us of the lessons that Adolf Hitler himself said that the world's in- special order but because of the sched- it has to teach, but it also shows a disrespect difference to the slaughter in Armenia indi- ule, everything was a little crazy this for the people who had to live it. cated that there would be no global outcry if evening. I think we have about 15 or 20 It is also incumbent upon us, on the anni- he undertook the mass murder of Jews and statements to submit for the RECORD. versary of the Armenian genocide, to speak Mr. HAMILTON. Mr. Speaker, I want to join others he considered less than human. And out about the messages of hate and bigotry my colleagues today in remembering the trag- he was right. It was only after the Holocaust on the rise in this country. As we have learned edy endured by the Armenian people in the that the cry ``never again'' arose throughout in this country and witnesses abroad several years 1915±23. the world. But it was too late for millions of times this century, hate must not be allowed to Extensive massacres of Armenians took victims. Too late for the 6 million Jews. Too grow unchecked. We must continue to de- place during that period in eastern Anatolia late for the 1.5 million Armenians. nounce messages of hate and bigotry and plains in an atmosphere akin to a horrible civil Today we recall the Armenian Genocide promote tolerance within our communities. war. Those events have indelibly and perma- and we mourn its victims. We also pledge that Mr. Speaker, I think you for the opportunity nently marked the consciousness of many we shall do everything we can to protect the to remember this tragic episode in world his- Americans, including Americans of Armenian Armenian nation against further aggression; in tory. descent, who are commemorating April 24, the Republic of Armenia, in Nagorno- Mrs. MALONEY of New York. Mr. Speaker, 1997, as a national day of remembrance of Karabagh, or anywhere else. as a proud member of the Congressional Cau- man's inhumanity to man and a special day of Unfortunately, there are some who still think cus on Armenian Issues, and the representa- remembrance for the Armenian victims of it is acceptable to block the delivery of U.S. tive of a large and vibrant community of Arme- strife in the early years of this century. humanitarian assistance around the world. De- nian-Americans, I rise today to join my col- April 24 marks the 82d anniversary of the spite our success in including the Humani- leagues in the sad commemoration of the Ar- calamity. It is appropriate on this occasion to tarian Aid Corridor Act in the foreign oper- menian Genocide. direct our attention and prayers to the memory ations appropriations bills for the last 2 years, First, I would like to commend the gen- of the vast number of victims who died in Azerbaijan has continued its blockade of Unit- tleman from New Jersey [Mr. PALLONE] and these tragic events. ed States humanitarian assistance to Armenia. the gentleman from Illinois [Mr. PORTER], co- It is in the interest of all of us and in the in- It is tragic that Azerbaijan's tactics have de- chairs of the caucus, for all of their hard word terest of mankind that this type of tragedy not nied food and medicine to innocent men, on this issue and other issues of human occur again. The leading organizations of the women, and children in Armenia, and created rights. Armenian-American community have been thousands of refugees. The United States April 24, 1997 marks the 82nd anniversary seeking to work within our political system for must stand firm against any dealings with of the beginning of the Armenian genocide. It a statement concerning these critical events in Azerbaijan until it ends this immoral blockade. was on that day in 1915 that over 200 Arme- their heritage. We must make clear that warfare and block- nian religious, political, and intellectual leaders The House of Representatives takes this oc- ades aimed at civilians are unacceptable as were arrested and subsequently murdered in casion to honor the memory of the victims of means for resolving disputes. central Turkey. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1765 This date marks the beginning of an orga- The world has the responsibility to see that eliminate the Armenian people living under nized campaign by the ``Young Turk'' govern- the crime of genocide does not go their rule. Between 1915 and 1923, nearly 1.5 ment to eliminate the Armenians from the unpunished. Genocide cannot be allowed to million Armenian people died and another Ottoman Empire. Over the next 8 years, 1.5 be a policy of our international community. A 500,000 were deported. million Armenians died at the hands of the crime unpunished and unrepented is a crime The purpose of this special order is really a Turks, and a half million more were deported. which can and will be repeated. Even today, dual one, and I thank the gentlemen from New As the United States Ambassador to the as I speak, the present Turkish Government is Jersey and Illinois for organizing it. First and Ottoman Empire, Henry Morgenthau, Sr., has enforcing a blockade of Armenia blocking foremost, it is to show respect and remem- written: ``When the Turkish authorities gave American humanitarian assistance from reach- brance to those Armenian people and their the orders for these deportations, they were ing that country. This aid, supported by Con- families who suffered during those 8 years at merely giving the death warrant to a whole gress, is prevented from being transported to the beginning of this century. Secondly, we race. They understood this well and made no Armenia by land. Such a violation of fun- are here to recognize that if we are ever to particular attempt to conceal the fact.'' damental principles of humane conduct cannot witness a universal respect for human rights, As a supporter of human rights, I am ap- be allowed to continue. we must begin by acknowledging the truth. palled that the Turkish government is still re- There are still living survivors of the Arme- And that is the fact that governments continue fusing to acknowledge what happened and in- nian genocide in my district, and the horror of to commit atrocities against their own citizens stead is attempting to rewrite history. this ordeal is forever etched in their collective while escaping the consequences of their ac- In a sense, even more dismaying than Tur- memories. Every year survivors participate in tions, internally by means of repression and key's denial is the willingness of some officials commemoration ceremonies in Boston, Lowell, externally for reasons of political expediency. in our own government to join in rewriting the and other areas around the Merrimack Valley. The events that took place under the rule of history of the Armenian Genocide. It is impera- The commemoration offers an opportunity to the Ottoman Empire 82 years ago were real. tive that we do not let political agendas get in reach out to the public in hopes that the Many people died and the results were, and the way of doing the right thing. media, the educated public, and citizens still are, shocking. If we in the Congress con- Mr. Speaker, the issues surrounding the Ar- around the world will not ignoreÐor will not tinue to react with silence regarding these menian genocide should not go unresolved. I forget the tragedy suffered by the Armenians events and are unwilling to stand up and pub- call upon the United States Government to de- at the hands of the Turkish empire. licly condemn these terrible events, we effec- mand complete accountability by the Turkish I represent a large and active Armenian tively give our approval to abuses of power, Government for the Armenian Genocide of community in my district. They are hard work- such as the Armenian genocide. 1915±1923. To heal the wounds of the past, ing and proud of their heritage. As Represent- Mr. Speaker, all of us participating in this the Turkish government must first recognize atives to the United States Congress, it is our special order today realize that silence can the responsibility of its country's leaders at duty to commemorate the Armenian genocide mean acceptance when it comes to human that time for this catastrophe. in the hope that future generations will never rights abuses. And now it is our responsibility Nothing we can do or say will bring those allow such a callous disregard for human to make sure that everyone who is not here who perished back to life, but we can imbue rights to occur again. today realizes that they too must speak out their memories with everlasting meaning by Mr. GILMAN. Mr. Speaker, I want to thank against human rights violations. Not just viola- teaching the lessons of the Armenian geno- our two cochairmen of the Caucus on Arme- tions of the past, but also against violations cide to future generations. nian Issues, Congressman PORTER of Illinois which are occurring in our world today. We The noted philosopher, George Santayana, and Congressman PALLONE of New Jersey, for must let the truth about these events be has taught us that ``those who cannot remem- arranging this Special Order today. known and continue to speak out against all ber the past are condemned to repeat it.'' We I also want to take this opportunity to extend instances of man's inhumanity to man. should heed this wise principle and do all we my best wishes to the Armenian-American Today nearly one million Armenians live in can to ensure that the martyrdom of the Arme- community on this important occasion. the U.S. They are a proud people who spent nian people is not forgotten. The annual commemoration of the Arme- 70 years fighting Stalinist domination. Finally, Mr. MEEHAN. Mr. Speaker, I rise to join my nian genocide is indeed an occasion of sad in just the past 5 years, they have achieved colleagues in this Special Order to commemo- remembrance for Armenian-Americans. freedom. But even that freedom will never rate the anniversary of the Armenian Geno- Over the years I have had the privilege of allow them to forget the hardships suffered by cide. Each year, I join Members of Congress meeting and becoming friends with many Ar- their friends and families nearly a century ago, from both sides of the political spectrum, rep- menian-Americans who have lost relatives and nor will they ever stop forcing us to recognize resenting areas from east coast to west coast friends in the tragic atrocities that began in that these and similar acts must continue to to take part in this Special Order. We join to- 1915. be condemned by nations and people who gether in this annual commemoration to bring I can well understand their grief and deep- hold the highest respect for human rights. awareness to a chapter in history so brutal seated feelings about this terrible event. Mr. VISCLOSKY. Mr. Speaker, I rise today and violent, that 75 years later, the Turkish There are others who have suffered from to commemorate the 82nd anniversary of the Government still refuses to admit their involve- genocidal acts who know what it means to Armenian genocide. I am pleased to join my ment. lose such loved ones. House colleagues on both sides of the aisle in Each year, as I rise to pay tribute to over While we look back with sadness on the remembering the terrible atrocities that were 1.5 million Armenians who were killed in this events that took place more than 80 years committed against the Armenian people earlier tragic event, I am amazed at how easily, and ago, we are reminded of how such atrocities this century. how well, the news of the Armenian genocide can come aboutÐand reminded as well that Despite the efforts of some, there is no de- was squelched and then hidden. We all re- we must continue to try to prevent such trage- nying that the Armenian genocide occurred. member the now famous question posed by dies in the future. History is clear that the Ottoman Empire en- Adolf Hitler at the beginning of World War IIÐ Mr. Speaker, once again, I want to thank my gaged in a systematic attempt to destroy the he said ``Who remembers the Armenians.'' colleagues for inviting me to join them in this Armenian people and their culture. It started Well, citizens of the world, this is just the prob- Special Order. on April 24, 1915, when over 200 religious, lem. When tragedies of this magnitude take As we look to the future, let us wish the Ar- political, and intellectual leaders of the Arme- place, it is our responsibility to ensure that the menian people success and prosperity as they nian community in Istanbul were brutally exe- story does not get forgotten. Let us teach our continue to build their country's independence cuted. By 1923, over half the world's Arme- children that we will not tolerate human trag- from communist dominationÐan independ- nian populationÐan estimated 1.5 million edy of this nature. Instead, as our world grows ence won just a few years ago. men, women, and childrenÐhad been killed. smaller every day, we must learn to live to- An independent Armenia is the best guaran- The Armenians are an ancient and proud gether in a global village. We must discover tee that the terrible events that began 82 people. In the fourth century, they became the and treasure the differences among peoples years ago will never be repeated. first nation to embrace Christianity. During around the world. We must promote tolerance Mrs. MORELLA. Mr. Speaker, I am proud to World War I, the Ottoman Empire was ruled and understanding. Only then will we have join my colleagues today in commemorating by an organization known as the Young Turk peace. When we remember the Armenian the 82nd anniversary of the Armenian geno- Committee and became allied with Germany. genocide we send a strong message to our cide. Amid fighting in the Ottoman Empire's eastern global community that violence born of hatred Eighty-two years ago, the rulers of the Otto- Anatolian provinces, the historic heartland of and fear is unacceptable. man Empire made a decision to attempt to the Christian Armenians, Ottoman authorities H1766 CONGRESSIONAL RECORD — HOUSE April 23, 1997 ordered the deportation and execution of all vigilant in the fight to protect basic human I feel a special kinship to the Armenian peo- Armenians in the region. By the end of 1923, rights and freedoms around the world. ple. As many of you know, I am a Greek- virtually the entire Armenian population of Mr. KENNEDY of Massachusetts. Mr. American, and my ancestors, too, suffered at Anatolia and western Armenia had been either Speaker, in my long association with the Ar- the hands of the Ottoman Turks. killed or deported. menian-American community, I have become In fact, every March, I conduct a special Despite the well documented fact that over very familiar with their pain by the act of geno- order in this Chamber to commemorate Greek 1.5 million Armenian were killed and hundreds cideÐand the further pain caused by a con- Independence Day. On that day, 176 years of thousands more were exiled from their tinuing attempt to deny that this genocide ever ago, the Greeks mounted a revolution which homes, there are some who still choose to be- took place. eventually freed them from the tyranny of the lieve that the genocide did not take place. The From 1915 to 1923, 1.5 million Armenian Ottoman Empire. U.S. National Archives contain numerous re- men, women, and children were deported, Unfortunately, the Armenians were not as ports detailing the process by which the Arme- forced into slave labor, tortured, and fortunate as their Greek brothers and sisters. nian population of the Ottoman Empire was exterminated. Between 1915 and 1923, 11¤2 million Arme- systematically decimated. Further denial of the The Armenian genocide was the model for nians were murdered and hundreds of thou- Armenian genocide by certain parties, either subsequent efforts of religious and ethnic an- sands were driven from their homes by the due to ignorance or malice, can only be seen nihilation. The infamous quote by HitlerÐ Ottoman Turks. They were people like you as a misrepresentation of history and should ``Who, after all, remembers the extermination and me. People with families and friends, be roundly condemned. of the Armenians?''Ðwhich is prominently dis- hopes and dreams and they were all de- While it is important to remember the hor- played in the U.S. Holocaust Memorial Mu- stroyed by the Ottoman Turks. rible facts of history in order to help comfort seum, serves as chilling affirmation of this Today, I want to acknowledge this dark mo- the survivors, we must also remain eternally fact. ment in history and remember the Armenian vigilant in order to protect Armenia from new I am a proud cosponsor of House Concur- people who tragically lost their lives. We in and more hostile aggressors. Even now, as rent Resolution 55, a resolution honoring the Congress must always remember tumultuous we rise to commemorate the accomplishments memory of the victims of the Armenian geno- moments in history where people suffered be- of the Armenian people and mourn the trage- cide. As we reflect on the past, we must also cause they were different. Of course, we all dies they have suffered, Turkey and other take positive steps for the future of the men, want to forget these horrific tragedies in our countries are attempting to break Armenia's women, and children of Armenia. history and bury them in the past. However, it spirit by engaging in a debilitating blockade Therefore, I am currently circulating for sig- is only through the painful process of acknowl- against this free nation. nature a letter to President Clinton to express edging and remembering that we can keep Last year, I led the fight in the House of Congress' grave concerns regarding U.S. ef- similar dark moments from happening in the Representatives to free Armenia from Turkey's forts to mediate a settlement in the conflict be- future. In closing, I want to share a passage viscous blockade by offering an amendment to tween Nagorno-Karabagh and AzerbaijanÐto inscribed in the stone of Israel's National Holo- the fiscal year 1997 Foreign Operations appro- finally bring peace to that war-torn region. caust Museum. ``Forgetfulness leads to exile, priations bill. Under current law, U.S. eco- This letter stresses that all U.S. humani- while remembrance is the secret of redemp- nomic assistance may not be given to any tarian assistance should be provided to all tion.'' We must never forget these words. country that blocks humanitarian assistance people in the Caucasus region who need it, ir- Mr. Speaker, this Sunday is Easter for the from reaching another county. Despite the fact respective of ethnicity. To date over $100 mil- Christian orthodox faiths. It is a time for us to that Turkey has been blocking humanitarian lion in U.S. humanitarian assistance has been reflect on and to celebrate the glory of re- aid for Armenia for many years, the President provided to Azerbaijan, despite that country's demption. Hopefully, tonight many will hear has used his waiver authority to keep eco- blockade of Armenia and Nagorno-Karabagh. our speeches and will take the time to remem- nomic assistance for Turkey intact. My amend- But U.S. policy prohibits direct U.S. humani- ber those who lost their lives during the Arme- ment, which passed in the House by a biparti- tarian assistance to the people of Nagorno- nian tragedy. By reflecting tonight on this sad san vote of 301 to 118, would have prevented Karabagh, a discriminatory practice which event in history. I am hopeful that we are pre- the President from using waiver authority and must be stopped. venting similar tradegies from occurring in the would have cut off U.S. economic aid to Tur- Finally, the letter protests the President's re- future. key unless it allowed humanitarian aid to cent decision to waive the Humanitarian Aid Mr. PORTER. Mr. Speaker, on April 24, reach Armenia. Unfortunately, my amendment Corridor Act. Last year, I worked hard with my 1915, 200 American political and intellectual was not included in the final version of the colleagues to pass an amendment to the For- leaders from Istanbul were arrested and ex- Foreign Operations appropriations bill and the eign Operations Appropriations bill which iled. This action had the effect of silencing the Turkish blockade continues unabated. would restrict the President's authority to leading voices of the American community in I am proud to say that a strong and vibrant waive the Humanitarian Aid Corridor ActÐa the Ottoman capital, and it is considered the Armenian-American community thrives in my measure which I co-authored. symbolic beginning of the genocide. Over the district in northwest Indiana. My predecessor Last year the amendment passed in the years from 1915 to 1923, 1.5 million men, in the House, the late Adam Benjamin, was of House but was not signed into law. This year women, and children were deported, forced Armenian heritage, and northwest Indiana's we must pass legislation to ensure that the into slave labor, tortured and exterminated by strong ties to Armenia continues to flourish. President's ability to waive this measure is re- the government of the Young Turk Committee. Mrs. Vickie Hovanessian and her husband, Dr. stricted, and we must ensure that this lan- During this dark time, the Turks of the Otto- Raffi Hovanessian, residents of Indiana's First guage is signed into law. man Empire carried out a systematic policy of Congressional District are two Armenian- Mr. BILIRAKIS. Mr. Speaker, I rise today to eliminating the Christian Armenian minority Americans who have contributed greatly to the share my thoughts on one of the most appall- within its bounds. The deportations and killings quality of life in Armenia, as well as to the Ar- ing events in human historyÐthe genocide of finally ended with the establishment of the Re- menian-American community in northwest In- the Armenian people. I would like to thank Mr. public of Turkey in 1923, although efforts to diana. PORTER of Illinois and Mr. PALLONE of New erase all traces of the Armenian presence in Although it has suffered greatly, Armenia is Jersey, the cochairs of the congressional cau- the area continued. once again a strong, sovereign nation. Its peo- cus on Armenian issues, for holding this spe- What happened in the Ottoman Empire dur- ple are determined to succeed, and I am cial order. ing 1915 until 1923 was more than a series of proud of the steps that Armenia has made to It shames and saddens me to say that the massacres in a time of instability, revolution, promote democracy. It is my sincere hope that human race is no stranger to genocideÐthe and war. It was the first example of genocide Armenia remains strongly committed to demo- great purges in Russia, during which Stalin in the 20th century, a precursor to the Nazi cratic ideals and that our two countries con- methodically killed millions of Russians; the Holocaust, and other cases of ethnic cleansing tinue to remain close friends. Holocaust, in which 6 million Jews were and mass exterminations in our own time, and In closing, I would like to thank my col- systemtically slaughtered by the Nazis; and we must never ever forget it. To forget history leagues, Representatives JOHN PORTER and less well known, but certainly just as signifi- not only dishonors the victims and survivorsÐ FRANK PALLONE, for organizing this special cant, the Armenian genocide in which 1.5 mil- it encourages other tyrants to believe that they order to commemorate the 82nd anniversary lion Armenians were exterminated by the Otto- can commit such heinous acts with impunity. of the Armenian genocide. Their efforts will not man Turks. The number of people who died Mr. Speaker, this is a time for solemn reflec- only help to console the victims and their fami- during this tradegy was almost equal to the tion. But this act of remembrance also affords lies, but also serve as a reminder to remain entire population of Nevada. us the opportunity to celebrate the incredible April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1767 resilience of the human spirit when faced with understand that it is important for Turkey to Mr. Speaker, it is up to all of us to remem- the most horrendous disasters and challenges. look honestly at its past, and acknowledge ber. Armenia itself and the Armenia diaspora have what the world knows to be true. It is time that For centuries, the Armenian people have managed to rebuild their shattered, destroyed Turkey reexamine its military campaign shown great courage and great strength. communities. This determination to overcome against its Kurdish minority. Now is the time The least we can do is match their courage such an atrocious past is written clearly in the for Turkey to join the community of Western with our commitment. faces of those of Armenia descent. On a na- nations, but that means that they must stop Because in the end, we are their voices and tional level, the struggle for existence and a committing human rights abuses against their we must do all we can to remember. better future is an everyday fact of life for the own people and build better relationships with Because if we don't, nobody else will. young independent, democratic, Republic of their neighbors. We can and should be a Mr. FRELINGHUYSEN. Mr. Speaker, tomor- Armenia. The successes that so many Arme- strong supporter of Turkey's efforts to move in row marks the 82nd anniversary of the Arme- nian-Americans have found in this country this direction. nian Genocide. As Armenians gather around also peaks volumes on this subject. Unfortunately, I believe that our administra- the world to commemorate the anniversary of Despite the incontrovertible evidence of the tion continues to send the wrong signals to this event, it is important for all of us to re- historical fact of the Armenian genocide, mod- Turkey in this regard. In the fiscal year 1997 member the significance of this tragedy. For, ern Turkey continues to deny that this horrific omnibus appropriations bill, the Humanitarian it is only be remembering past horrors that we event ever happened. While various Turkish Aid Corridor Act was made permanent law, will not allow them to be repeated. sources express the view that certain unfortu- barring the provision of U.S. assistance to any As many of my colleagues know, 1.5 million nate incidents took place, there is an overall country which blockades U.S. assistance to Armenians were subjected to this century's denial that there was ever a systematic, eth- another country. Last week, however, Presi- first systematic extermination based on their nically based policy targeting the Armenian dent Clinton again waived this provision for ethnicity, something we know all to commonly people. There are those who say we should Turkey in spite of her continuing blockade of now as genocide. Between 1915 and 1923, not offend our Turkish allies by using the word U.S. assistance to Armenia. By doing so, he the Ottoman empire implemented a deliberate ``genocide'', but friendship takes no refuge in is telling Turkey that the United States does policy of deporting, torturing, starving and relationship based upon dishonesty. There not really care whether they lift the blockade massacring Armenians throughout the lands was a genocide in which over 1.5 million peo- or not, and that we would rather waste U.S. under their rule. Many of the Armenian survi- ple, including women and children, lost their tax dollars than stand on our principles. I firm- vors and those deported emigrated to the lives and over 500,000 Armenians were ex- ly believe that this is not the message we United States. At that time, the United States iled, eradicating the historic Armenian home- should be sending. condemned the brutal acts of the Ottoman land in AnatoliaÐa community which had ex- This observance of the 82d anniversary of Empire and even provided humanitarian as- isted there since the time of Christ. the Armenian genocide is an important ac- sistance to survivors, in the largest relief effort Let us remind ourselves that the United knowledgment of the past, and an important ever organized by our country. States, and the rest of the world, we did little inducement to take action in the present. I Today, there are those that refuse to recog- to prevent these crimes against humanity, de- thank my colleagues for joining me and the nize the sins of the pastÐdespite the over- spite the frequent and detailed reports that cochairman of the Armenian issues caucus, whelming evidence of the Armenian Genocide. Ambassador Morganthal sent back to Wash- the Honorable FRANK PALLONE of New Jersey, We must stare history in the face no matter ington from his post in Istanbul. Turkey's his- in this most worthwhile endeavor. how terrible. The cost of not being honest toric difficulties in respecting minority rights Mr. BONIOR. Mr. Speaker, beginning on the about the past threatens our future. That is have not gone away, and they are continuing night of April 24 in 1915, the religious and in- why I urge the President, the Senate, and now in a different form against another minor- tellectual leaders of the Armenian community every Member of this body to send a unified ity people. Today in Turkey, another campaign of Constantinople were taken from their beds, message to the world that we do remember of ethnic dissolution is being waged by the imprisoned, tortured, and killed. the victims of the Armenian Genocide. Let us Turkish Government against yet another mi- In the days that followed, the remaining not allow any nation to forget or disavow that nority, the Kurdish people. For years now, males over 15 years of age were gathered in this tragedy ever happened. Turkish troops have pursued a scorched Earth cities, towns and villages throughout Ottoman Finally, Mr. Speaker, I would like to com- policy in southeastern TurkeyÐburning and Turkey, roped together, marched to nearby mend Armenian-Americans, who continue their tearing down over 2,000 Kurdish villages, and uninhabited areas, and killed. vigilance on the issue of the Armenian Geno- displacing over 2 million innocent civilians. Innocent women and children were forced to cide and who continue to make invaluable Turkey has also crossed into the border in march through barren wastelandsÐurged on contributions to our shared American culture. I Iraq to launch attacks on Kurdish refugee by whips and clubsÐdenied food and water. would also like to take this opportunity to com- camps. Our Government has stood idly and And when they dared to step out of line, mend the Republic of Armenia, a fledgling de- allowed this to happen and, moreover, has de- they were repeatedly attacked, robbed, raped mocracy of 3.3 million people, for working to fended Turkey's actions against innocent civil- ** * and ultimately killed. enact economic and democratic reforms while ians by cloaking them in the guise of One and one-half million Armenians lay developing important ties to the United States. antiterrorism. Once again, our Embassy has dead, and a homeland which had stood for We welcome Armenia into our growing assem- provided comprehensive reports of what is oc- 3,000 years was destroyed. bly of free nations and look forward to working curring in Turkey, and once again, we are ig- Mr. Speaker, we come to the floor this with the Armenian people to insure that they noring these reports. As we stand here once evening to remember the victimsÐand the realize the fruits of liberty and democracy. again to commemorate this sad day in the survivorsÐof the Armenian Genocide. Ms. ESHOO. Mr. Speaker, let me begin by long history of the Armenian people, we As we come to this floor, we do so with the thanking Representatives Pallone and Porter should realize that we are our brother's keep- knowledge that all of us have a responsibility for their work on behalf of Armenia, and in er, and we do have a responsibility to stand to remember the victims, to speak out and to particular for organizing this special order in up and be honest about both the past and the make sure that tragedies like this are never al- remembrance of the Armenian Genocide. present. History ignored is history repeated. lowed to happen again. Today marks the 82nd anniversary of the We have made great progress in helping to Now more than ever, those of us who em- beginning of the Armenian Genocide, an event establish a new Armenia, an Armenia that is brace democracy have a responsibility to that foreshadowed many dark moments to free and democratic, and forging ahead to pro- speak out for all those who live under tyranny. come in this century. vide, through economic and political freedom, Mr. Speaker, we must pause today and say In its final days, the Ottoman Empire sys- a better life for its people and greater stability ``Never again.'' tematically exterminated 1.5 million Arme- for its future. Armenia is a struggling young We can never forget that in 1939, another nians, and the forcibly deported 500,000 more. country that does reflect the values that we leader used the Armenian genocide as jus- These tragic events began on April 24, 1915 stand for and believe in, and by supporting Ar- tification for his own genocide. when leaders of the Armenian community liv- menia we will extend those values across the This leader said, and I quote: ``I have given ing in Constantinople were arrested and killed. world. orders to my Death Units to exterminate with- Tragically the genocide lasted for eight Mr. Speaker, we also want to support Tur- out mercy or pity men, women, and children years until 1923 and the international commu- key and have a strong relationship with this belonging to the Polish-speaking race. After nity never mounted any serious effort to bring important ally. We understand the importance all,'' Adolf Hitler asked, ``who today remem- it to an end. Armenians were deprived of their of a free and democratic Turkey. But we also bers the extermination of the Armenians?'' homes and businesses. Families were torn H1768 CONGRESSIONAL RECORD — HOUSE April 23, 1997 apart and individuals were robbed of their riod took place. It is important that we as Bulgarian, Turkish, German, and British citi- freedom and dignity. Hundreds of thousands Members of Congress continue to officially zens as well as those from Armenians them- of Armenians were forced to flee their home- recognize the Genocide because it is a part of selves which tell of widespread atrocities in- land or risk death, and 1.5 million people lost our world history, just as historically important cluding forced deportations, mass starvation, their lives. as World War II, and just as tragic as the Hol- deliberate drowning, and the sale of women As the only Member of Congress of Arme- ocaust. However, it is a shame and an out- and girls into slavery. nian descent, I believe what we are doing rage that the Genocide is still not recognized Throughout the ``relocation,'' American mis- here tonight is important, not only because we by many nations. sionaries and relief workers in Turkey risked honor the memory of the men, women and It is also important that we continue to mark their lives to save as many people as pos- children who lost their lives, but also the mil- this event on an annual basis. Although most sible, namely orphaned children, and brought lions of those who survived and have contrib- of the survivors of the Genocide are, unfortu- them to the United States which formed the uted to our nation. nately, no longer with us, their relatives con- foundation of today's Armenian-American We cannot lapse in our efforts to speak out tinue to remember and mourn the loss of life. community. At home in the United States, and teach about the atrocities of the past. I am proud that New York State is one of the Americans collected and donated millions of When the international community stands si- few states which has offered a human rights/ dollars to help feed the survivors of this lent, as they did in 1915, we allow the evil to genocide curricula for teachers to use at their human tragedy. flourish. When we commemorate the Arme- discretion, including the story of the Armenian Following the war, the post-war government nian Genocide we fight not only against forget- Genocide. Education programs such as this of Turkey held war crime trials and sentenced ting, but also against tolerating a future that allow our children to learn about the unfortu- to death the major leaders responsible for the brings misery to vulnerable people wherever nate and sad aspects of our world's history, atrocity calling the fact ``proven and verified'' they may live. such as the tragic past in Armenian history, and describing the decision to eradicate the We must continue to fight against those who hopefully ensuring a peaceful existence for fu- Armenians ``the result of extensive and pro- want to obscure, minimize or even deny that ture generations. A wise man once said that found deliberations.'' Repentance soon gave the Armenian Genocide occurred, and mem- those who do not learn history are doomed to way to denial, as Turkey's post-war govern- ory is our weapon, the memory of survivors, repeat it. ment was replaced by Nationalists who made victims, and their relatives. The memory is Mr. Speaker, as a member of the Congres- war criminals into national heroes. also alive in modern Armenia, where in the sional Armenia Caucus, I urge my colleagues Today, despite all the facts, eyewitness ac- wake of the Soviet Union's collapse, fledgling in joining me as a member of this bipartisan counts, recognition by countries throughout democracy is taking hold. organization dedicated to ensuring a strong the world, and the findings of their own post- It is my hope that as we come together to- U.S.-Armenia relationship and lending our war courts, the government of Turkey still re- night to remember the past, we also renew support for issues affecting Armenians and Ar- fuses to acknowledge the genocide ever oc- our commitment to a secure and prosperous menian-Americans. In addition, I urge them to curred. Instead, they claim, as did the Otto- Armenia. This will only come through full en- join me as cosponsors of two pieces of legis- man Empire before them, that they only ``relo- forcement of the Humanitarian Corridor Act, lation on this important issue: H.R. 500 would cated'' the Armenians from the eastern ``war and a peaceful resolution of the conflict in provide additional assistance to Armenia in FY zone'' to a more secure location and that the Nagorno-Karabagh based upon self-deter- 1997; and H.J. Res. 55, honors the memory of deaths were caused by the ``brutalities of mination. the victims of the Armenian genocide. war.'' As an Armenian-American I am grateful so Mr. Speaker, I commend the people of Ar- Indeed, the government of Turkey goes one many of my colleagues have participated in menia and Nagorno-Karabagh for their cour- step further calling the Armenians ``traitors'' this remembrance of the 82nd anniversary of age, and wish them well in their struggle to who collaborated with the enemies of the Otto- the Armenian Genocide. I am also proud of strengthen their democracy. I will continue to man Empire during war. The government of the contributions so many Armenians have support their efforts to ensure a stable future Turkey even claims that 2.5 million widely dis- made to our nation. Their legacy ensures that for their people. bursed Armenian men, women, and children we will never forget this tragic chapter in his- Mr. LEVIN. Mr. Speaker, I rise today to rec- were a direct threat militarily to the 17 million tory. ognize the 82nd anniversary of the Armenian and mobilized Turks. As evidence they cite a Mr. MANTON. Mr. Speaker, I rise today to genocide and urge an end to the denial of this few scattered incidents of self-defense by Ar- join my colleagues in remembering the 82nd atrocity by the government of Turkey. Denial menians against Turkish death squads. anniversary of the Armenian Genocide. I espe- of an event which cost the lives of one and a We cannot allow such blatant disregard and cially want to thank Congressman FRANK half million human beings should not and must denial to go on. Genocide is genocide, no PALLONE and Congressman JOHN PORTER for not be allowed to continue. arranging this important special order in ob- Throughout 1915 and 1916, the ``Young matter how, when, or where it happens. To servance of this tragic event in world history. Turk'' government of the Ottoman Empire con- deny is to accept. Beginning with the arrests of hundreds of in- ducted a systematic campaign of murder and We need to remember and commemorate tellectual and political leaders in 1915, the oppression against the Armenian minority this horrible chapter in human history not only Ottoman Turkish Empire began the systematic throughout the country; first, rounding up and for the survivors and their families, but for our- process of genocide against the Armenian killing all Armenian political, military, and intel- selves. Respect for human rights and individ- people. In addition to the blatant killings of mil- lectual leaders, and then, by forcing the re- ual diversity are the cornerstones of our soci- lions of innocent people, there were works of maining Armenians from their homes and ``re- ety. We cannot afford to forget the past, lest deportation, rape, slavery and other unspeak- locating'' them to camps in the desert where we doom the world to a similar such fate in able acts. they died from thirst and starvation. the future. The persecution and mistreatment of the Ar- At the time, the Armenian genocide was To me, and to my constituents, the Arme- menian peoples continues today through the condemned by nearly all European powers. nian genocide is not just a footnote in history. conflict regarding Nagoro-Karabagh. Since The United States, while neutral at this stage In Detroit and its surrounding suburbs lives the 1988, this contentious situation has left more of the war, condemned the massacres and third largest Armenian-American community in than 1,500 Armenians dead and uprooted acted as the chief spokesman of behalf of the the United States many of whom are the chil- hundreds of families, forcing them to flee to Armenians and issued strong protests against dren and grandchildren of genocide survivors other parts of this unstable region. However, I the reprehensible actions of the Ottoman gov- or actual survivors themselves. believe hope is on the horizon with the recent ernment. Mr. Speaker, for myself and my constitu- induction of Robert Kocharian as the new Diplomatic dispatches and newspaper re- ents, I rise today to urge the government of Prime Minister of Armenia. I am confident his ports tell of deportations, beatings, and mass Turkey to end its denial and accept its past, courage and leadership will play an important killing. Our own Ambassador, Henry Morgen- no matter how painful. Only then can we all role in bringing this conflict to an end. thau Sr. wrote in 1915, ``* * * it appears that move forward to the future and stop these Mr. Speaker, this historic event can no a campaign of race extermination is in atrocities from repeating themselves over and longer be denied. Vast amounts of docu- progress under a pretext of reprisal against re- over again. mentation exist in the United States' Archives bellion.'' Numerous articles appeared in the Ms. PELOSI. Mr. Speaker, I would like to and in the U.S. Embassy in Istanbul, as well New York Times throughout August, Septem- thank my colleagues, Mr. PALLONE and Mr. as in the public domain, which lend proof that ber, and October of 1915. The articles cite PORTER, for giving us this opportunity to re- the horrific events surrounding this tragic pe- eyewitness accounts from American, Greek, mind the world that we will never forget the April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1769 Armenian genocide even when the descend- The Government of Turkey should imme- try. From the ashes of despair born of the ants of the Ottoman Empire refuse to accept diately lift its illegal blockade of Armenia, genocide, and from the ravages of seven dec- responsibility for this crime against humanity. which it has had in place since 1993. Turkey ades of Communist rule, Armenians the world In 1944, noted jurist and scholar, Raphael must also stop obstructing the delivery of Unit- over are striving to secure a safe and pros- Lemkin looked to a previous generation when ed States humanitarian assistance to Armenia. perous future for Armenian and Nagorno- he coined the word ``genocide'' to describe the This is not only unconscionable but it also Karabagh. systematic annihilation of the Jewish people damages American-Turkish relations. Turkey As Armenian-Americans rebuild their home- by the Nazis. Lemkin was thinking of the Turk- is indeed an important ally of the United land, and as they seek to secure an economi- ish attempt in 1915 to extinguish from this States. However, until Turkey faces up to its cally prosperous state, founded on firm demo- earth the ancient community of Armenians liv- past and stops its silent but destructive cam- cratic principles, I will stand by them. ing within the Ottoman Empire. Ironically, Hit- paign against the Republic of Armenia, Amer- Let me conclude my brief remarks today by ler had also referred to the extermination of ican-Turkish relations will continue to be encouraging the young people of America to the Armenians when he spoke of his plans for strained. never forget the tragedy and lessons of 1915. the Jewish people in 1939: ``Who, after all, Mr. KENNEDY of Rhode Island. Mr. Speak- Because as George Santayana once re- speaks today of the Armenians,'' Hitler said. er, today we in Congress are solemnly observ- marked, ``Those who forget history are con- During World War I, Turkish rulers tried to ing the tragedy of the Armenian genocide. demned to repeat it.'' And if no clearer evi- eradicate all traces of this culturally rich and We honor the bravery and courage of those dence of these prescient words are necessary historic people. At least one and a half million who survived and we honor the memory of let us remind one another today that before Armenians were massacred and 500 thousand those who perished. commencing the Holocaust, Hitler himself stat- deported. We owe it to the survivors and their We speak out so that future generations of ed, ``Who today remembers the Armenians?'' descendants to remind the world of this tragic Americans will know the story of the first As a Jewish-American and being ever mind- event. We owe it to Turkey and to the Turkish genocide of this century. ful of the Holocaust, I join with my colleagues people who face continued recriminations in Over 6 million people of Armenian descent today in observing the Armenian genocide. this chamber and throughout the civilized live in this country. Many of them can still re- And I promise to stand firm against the world for as long as the Ankara government count the persecution they faced during the shameful efforts of those who would rewrite stonewalls and rejects historical fact. We owe Ottoman Empire and the stories of the night of the facts as it pertains to the Armenian geno- it to the Bosnians and Rwandans who wonder April 24, 1915. cide. if the perpetrators of modern day atrocities will That night must be remembered, not only Mr. RADANOVICH. Mr. Speaker, today, be brought to justice. The stench of genocide for the atrocities which took place, but be- April 23rd, 1997, the House of Representa- must not be allowed to waft over future gen- cause we must never forget our duty to fight tives commemorates a bleak chapter in world erations. against human rights abuses, ethnic history: the Armenian genocide of 1915±1923. In 1991, following the collapse of the Soviet cleansings, genocides, and other atrocities. To overlook or deny its existence is not only Unfortunately, we see the atrocities of the Union, a free Armenia emerged. This tiny, irresponsible, but also provides incentive to past being replayed today. In the former Yugo- landlocked nation is attempting to embrace despots who have it within their evil designs to slavia, the terrors of the past have recently democratic ideals as it struggles to gain its commit similar atrocities. Civilization and been replayed. footing amidst hostile neighbors. These proud peaceful nations, like the United States, can ill people are defying the odds to retake their By observing the Armenian genocide we make a strong statement. A statement that the afford failures of justice, let alone tolerate place among the community of nations. breakdowns of the magnitude of the Armenian I must also express my deep gratitude to atrocities of the past are not acceptable. They genocide. the survivors of the Armenian genocide who were not acceptable then and they are not ac- On March 21, 1997, I introduced, along with sought refuge in the United States and to their ceptable today. Rep. DAVID BONIOR, H. Con. Res. 55, the Ar- descendants. As someone who represents a It has been said many times that those who menian genocide Resolution. This measure city rich in cultural diversity, I can say without forget history are doomed to repeat it. Let us honors the memory of the victims of the Arme- reservation that the Armenian people have en- never repeat this history. We must all work to nian genocide. As with similar resolutions in riched San Francisco, the State of California, always remember and never forget the geno- the past, this measure enjoys widespread bi- and this nation with their splendid heritage, cide, to cherish and preserve the Armenian partisan support. I believe the time has long their commitment to family values, their work culture, and to fight for human rights in this re- ethic, and their contributions to their commu- gion. since passed for all governments to publicly nities in their adopted homeland. We owe that to those we honor today and acknowledge and rebuke this fatal chapter in Mr. MARTINEZ. Mr. Speaker, I join my col- to our Nation's Armenian-Americans. the history of human events. leagues today in commemorating the 82d an- Thank you. Mr. Speaker, the 1.5 million Armenians who niversary of the Armenian genocide. Mr. ROTHMAN. Mr. Speaker, today I join lost their lives during the genocide deserve We observe the Armenian genocide today with my colleagues in commemorating the 82d our utmost respect. The highest honor this so as not to forget. We remember the horrific anniversary of the Armenian genocide. Along House can bestow on the victims is to secure conflagration that engulfed the lives of 1.5 mil- with the Armenian-American community in my a formal recognition from the Turkish govern- lion innocent Armenian men, women, and chil- district and with people of goodwill throughout ment that the genocide indeed occurred. It is dren so that governments around the world the country, Congress today is observing the for their honor that we must wage this prin- will know that they will be held accountable for death of 1.5 million Armenians from the years cipled fight. their bloody deeds by the consciousness of 1915±1923. Mr. HUNTER. Mr. Speaker, today I rise to mankind. In one of the darkest chapters of the As we gather today, many of my constitu- bring attention to the 81st anniversary of the 21st century, the Government of the Ottoman ents over the weekend participated in solemn genocide of the Armenian people. On April 24, Empire systematically implemented a policy of requiem services held at their respective 1915 some 200 Armenian religious, political extermination against its Armenian population places of worship in the memory of the mar- and intellectual leaders were arrested and ex- through ruthless marches of forced starvation tyrs, consecrated a genocide monument in iled from Istanbul, Turkey. Over the next eight and endless waves of bloody massacres. Ridgefield, NJ, held an observance ceremony years, 1.5 million men, women, and children Eight decades have now come and gone in front of the Bergen County Court House in were forced into slave labor, tortured, since the tragic event unfolded and, yet, the Hackensack, NJ, and attended a series of exterminated, and deported by the govern- Turkish Government continues to deny the un- other events commemorating the Armenian ment of the ``Young Turk Committee.'' deniable. The Armenian genocide is a histori- genocide. For more than 15 years the U.S. State De- cal fact that has been indelibly etched in the And so let me offer my solidarity with those partment has refrained from referring to the annals of history. It cannot be erased from our remembering the Armenian genocide today. tragic period between 1915±1923 as ``geno- collective memory. And let me also emphasize that we should cide.'' Several former Presidents have issued To heal the open wounds of the past, the today not only remember the martyred, but as proclamations on the anniversary of this event, Turkish Government has a moral obligation to well, the survivors of the Armenian genocide. expressing deep sorrow for the massacres, acknowledge and recognize the Armenian Those few survivors of the Armenian genocide yet stopping short of declaring the tragedy as genocide. Turkey must come to terms with its are still living today, those who endured the genocide. The U.S. should, in conjunction with past. It must also come to terms with its horrors of 1915, are heroes for all time. the state of California and some 30 other na- present actions against the Republic of Arme- Today, the people of Armenia and her Dias- tions, go on record to clearly and unambig- nia. pora are proudly looking to rebuild their coun- uously recognize the Armenian massacres as H1770 CONGRESSIONAL RECORD — HOUSE April 23, 1997 genocide, and set aside April 24th as a day of pects for the successful resolution of the Danilov said that an April 10 analysis by remembrance. Nagorno Karabakh conflict.’’ The statement IHRC showed that between 1992 and 1996, Remembering the Armenian genocide is im- cites the rationale for Ankara to close its Azerbaijan purchased a volume of offensive portant not only for the Armenian people, but border with Armenia, explaining that the ac- armaments that exceeded CFE quotes. In tion was taken, ‘‘when local Armenian forces contrast, Danilov declared that neither Ar- for the future generations of our global society. seized large areas of Azerbaijan despite UN menia nor Georgia are in violation of the We must not forget and we must not repeat Security Council resolutions calling for the CFE treaty. He said, ‘‘it is only Azerbaijan such tragic history. withdrawal of all occupying forces and the that is violating the treaty.’’ According to Mr. Speaker, what happened in the Ottoman cessation of hostilities.’’ It also praised Tur- the analysis, IHRC asserts that Baku’s alle- Turkish Empire during the years of 1915±1923 key for opening an air corridor to Armenia gations of illegal arms deliveries to Armenia was more than a series of massacres in a in 1995 and for its promise to open the land ‘‘are motivated by efforts to reinforce Azer- time of instability, revolution, and war. It was border ‘‘once Armenia and Azerbaijan agree baijan’s military superiority over its neigh- the first example of genocide in the 20th cen- on a statement of principles for a settlement bors.’’ The report also suggests that Baku’s of the [Karabagh] conflict.’’ most recent accusations against Russian tury. Calling this by its proper name is ex- Congressional and Armenian community arms to Armenia, ‘‘were aimed to impede the tremely important, both from the standpoint of reaction to the Clinton waiver decision was OSCE Minsk negotiations on the Karabakh the historical accuracy, and respect for the vic- quick and critical. Congressman John Por- problem that were in progress in Moscow, tims and survivors. Given the alarming number ter, a Republican from Illinois issued a sharp thus disturbing peace in the region.’’ The of conflicts in today's world that often verge on rebuttal to the Clinton waiver action. He IHRC report listed, by category, statistics genocide, stating the truth about what hap- said, ‘‘It is unconscionable that the president covering arms deliveries to Azerbaijan by pened in the history of the Armenian people, continues to defend Turkey’s ongoing four- the Russian Federation. The document con- including commemorating this anniversary, year blockade of Armenia.’’ He noted that a cludes with an appeal to OSCE members to bipartisan decision was made by Congress to take diplomatic steps to compel Azerbaijan can help strengthen our determination to pre- enact the Humanitarian Aid Corridor Act. to comply by the CFE treaty. [Source: vent genocide from occurring again. He added, ‘‘The United States must not tol- Noyan Tapan 4–14] Mr. COSTELLO. Mr. Speaker, I rise today to erate countries blockading the delivery of ARARKTSIAN ADDRESSES RUSSIA’S UPPER commemorate the 82nd Anniversary of the Ar- humanitarian aid to alleviate hunger and HOUSE OF PARLIAMENT menian genocide. On April 24th, 1915, the suffering to those who need it.’’ Congress- Babken Ararktsian, chairman of Armenia’s people of Armenia were subjected to long- man Frank Pallone, Democrat from New Jer- National Assembly, reviewed Armeno-Rus- term, organized deprivation and relocation. sey, speaking on the floor of the House of sian relations in an address to Russia’s upper Eighty-two years later, we mark this date to Representatives, noted, ‘‘Maintaining good house of parliament. Ararktsian asserted remember the beginning of this systematic relations should not entail turning a blind that the twin blockades of Armenia by Tur- eye to the outrageous actions committed by elimination of Armenian civilians, which lasted key and Azerbaijan coupled with the after ef- Turkey.’’ fects of the 1988 earthquake in Armenia cre- for over seven years. By 1923, 1.5 million Ar- In the United States Senate, Rhode Island ated a major energy crisis in Armenia. This, menians had been massacred and 500,000 Democrat Jack Reed criticized the Clinton in turn, caused an abrupt decline in eco- waiver. He said, ‘‘The administration’s deci- more deported. nomic production, which has been overcome sion is troubling. U.S. humanitarian aid Many Armenian-Americans reside in my largely by international assistance. He said should not be held hostage by any country to congressional district, and each year they that close Armeno-Russia relations and the further its own political ends.’’ mark this date with solemn commemoration. It economic integration of the CIS were of im- In Washington, the Armenian Assembly of is a day to reflect on the loss of property, free- portance to Armenia. Ararktsian expressed America and the Armenian National Com- concern about the eastward expansion of dom and dignity of those Armenians who were mittee issued statements criticizing the ad- NATO. He also noted the importance to Ar- deported or killed under the Ottoman empire. ministration action. The Assembly’s Execu- menia’s security of the Russian military We honor their memory and vow that such tive Director, Ross Vartian, said: ‘‘The presi- bases in Armenia. The visiting Chairman of deprivation will never happen again. dent’s use of the national security waiver is the Armenian National Assembly also outrageous. The administration’s expressed Mr. Speaker, we also mark this date to cele- praised Russia’s peacekeeping role in the rationale not only justifies Turkey’s block- brate the contributions of millions of Arme- Nagorno Karabagh crisis, especially for Mos- ade, it demonstrates that they have not en- nians and Armenian-Americans since that cow’s initiative in establishing the present couraged Turkey to lift the embargo.’’ awful time. As we continue to strengthen our cease-fire. [Source: Noyan Tapan 4–17] Vartian also questioned the administration’s bonds with the Armenian people, we must praise of Turkey’s role in the Karabagh con- EBRD CALLS ECONOMIC GROWTH IN ARMENIA continue to be vigilant about remaining a flict negotiations. He said, ‘‘Turkey has dis- ‘REMARKABLE’ strong friend of Armenian democracy through credited itself as a neutral party by supply- A report by the European Bank for Recon- U.S. foreign policy. The Clinton Administra- ing arms and military training to Azer- struction and Development (EBRD), says tion's recent decision to waive the Humani- baijan.’’ [Sources: State Department text, Ar- that the Armenian economy has been grow- tarian Aid Corridor Act does not bode well for menian Assembly press release 4–16] ing at a brisk pace since 1994, despite border closures and interruptions in the supply of long-term stabilization in this region. It is im- AZERI SAYS ARMENIA HAS NO ALTERNATIVE IN KARABAGH SETTLEMENT energy. The report adds, ‘‘Armenia’s success portant for those of us in the Congress to con- in achieving positive results is remarkable Vafa Gulizade, special adviser to Azer- tinue to speak out in favor of Armenian human in view of the deadlock caused by the long- baijan’s president Heidar Aliyev, declared rights and free trade. running dispute with Azerbaijan over the that Armenia has no alternative except to I urge my colleagues to join me in com- Nagorno Karabagh enclave.’’ The report cites agree to autonomy of Nagorno Karabagh memorating this solemn anniversary. a 5.8 percent growth in GDP in 1996 and pre- within Azerbaijan. Gulizade denied the OSCE dicts 6 percent for 1997. Inflation in 1996 was [Armenia This Week, April 18, 1997] peace process was ‘‘stuck.’’ He said, ‘‘The ice set at 18.8 percent but EBRD expects it to CLINTON WAIVES CORRIDOR ACT PROHIBITION has begun to melt and certain changes are fall by half in 1997. The report advises that ON AID TO TURKEY evident.’’ [Source: Azg 4–16] Armenia will continue to require large cap- For the second consecutive year the Clin- BORDER TENSIONS REMAIN HIGH AS INCIDENTS ital inflows and that a vigorous response ton administration waived the prohibition of INCREASE IN FREQUENCY from the private sector is needed ‘‘if Arme- aid to Turkey for violating the Humani- Incidents along the Armenian-Azerbaijan nia is to reap the benefits of its courageous tarian Aid Corridor Act. The legislation borders have increased in frequency in recent reforms.’’ [Source: RFE/RL London report 4– mandates the suspension of aid to any nation weeks and tensions remain high on the 16] that bars the transshipment of U.S. humani- northeastern sector of the border. On April tarian assistance to a third party. However, REGIONAL TRILATERAL AGREEMENT SIGNED IN 16 three separate exchanges of fire took place the president can waive the halt in aid if the YEREVAN in the area. No casualties were reported. national security interests of the United Armenia’s Foreign Minister Alexander [Source: Noyan Tapan 4–17] States are deemed to be damaged by such an Arzoumanian signed a mutual cooperation action. AZERBAIJAN VIOLATES CONVENTIONAL FORCES agreement in Yerevan with his counterparts The Clinton administration expressed its IN EUROPE TREATY from Iran and Turkmenistan. The accord rationale for the waiver in a memorandum of On the heels of a campaign charging that covers cooperation in the spheres of trade, justification, saying. ‘‘It is very much in our Armenia has received Russian arms illegally, economic development, transportation, en- national security interests not to terminate Baku itself was accused by a representative ergy, banking, and tourism.’’ Meanwhile it U.S. assistance programs for Turkey. Such a of the International Human Rights Congress was reported that Armenia will begin receiv- termination would create significant dif- (IHRC), Vitaly Danilov, of violating the Con- ing electrical energy from Iran beginning ficulties in our bilateral relations, affecting ventional Forces in Europe (CFE) Treaty. May 1. Also, the possibility of natural gas a broad range of national security interests. IHRC operates within the framework of the imports from Turkmenistan through Iran Such a termination would also reduce pros- OSCE. At a press conference in Yerevan, starting in 1998 depends on the completion of April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1771 pipeline links between Turkmenistan and Mrs. KENNELLY of Connecticut. Mr. Speak- eliminate the presence of the Armenian popu- Iran by the end of 1997. [Source: Azg 4–17] er, tomorrow, we mark the 82d anniversary of lation, they certainly failed to kill the cohesive Mr. DREIER. Mr. Speaker, once again I am the Armenian Genocide. I rise to commemo- Armenian community or their spirit with which proud today to raise and join my colleagues to rate the lives of the 1.5 million Armenians who they continue to bless the United States and honor the lives of the 1.5 million men, women, were enslaved, tortured, and exterminated other nations fortunate to have their presence. and children who were brutally murdered in from 1915 to 1923 by the Ottoman Empire. Mr. DOOLEY. Mr. Speaker, I rise today to the inaugural genocide of the 20th century. On April 24, 1915, Armenian intellectuals, join my colleagues in commemorating the 82d Each year, Members of Congress come to- clergy, and leaders were rounded up and anniversary of the Armenian Genocide. gether to do more than simply remember that taken to their deaths. What was to follow was This terrible human tragedy must not and the Armenians were the first victims of what is the ethnic cleansing of the native homeland of sadly man's bloodiest century. Rather, we are will not be forgotten. Like the Holocaust, the the Armenian people. Over a period of 8 Armenian Genocide stands as an historical ex- dedicated to the fervent hope that raising the years, 1.5 million Armenians were murdered consciousness of past atrocities, such as ample of the human suffering that results from and another 500,000 were deported. Before those which befell the Armenian people, will hatred and intolerance. World War I, over 2 million Armenians lived in help prevent similar tragedies in the future. One and one-half million Armenian people It is often said that before embarking on his the Ottoman empire. By 1923, the entire popu- were massacred by the Ottoman Turkish Em- planned final solution to the ``Jewish problem,'' lation of Anatolia and Western Armenia had pire between 1915 and 1923. More than Adolph Hitler was heard to say ``Who remem- been killed or deported. 500,000 Armenians were exiled from a home- This was the first genocide of the 20th cen- bers the Armenians?'' Elie Wiesel, a Holo- land that their ancestors had occupied for tury, but, tragically, it was not the last. Prior to caust survivor and 1986 Nobel Peace Prize more than 3,000 years. A race of people was the invasion of Poland, Adolf Hitler asked, recipient, has said, ``He was right. No one re- nearly eliminated. membered them.'' The Nazi Holocaust, the ``Who today remembers the extermination of However great the loss of human life and murder of millions of Russians and Ukrainians the Armenians?'' In a climate where no one homeland that occurred during the genocide, a by the Soviet Government, and the bloody remembered, the death camps because a re- greater tragedy would be to forget that the Ar- rampage of Pol Pot and the Khmer Rouge in ality. menian Genocide ever happened. To not rec- Today, as nations around the world continue Cambodia, all had their seeds in Anatolia. ognize the horror of such events almost to struggle for peace, it is more important than Each of the murderous regimes depended assures their repetition in the future. Adolph upon people not remembering or caring. ever to rememberÐand to stand up to oppose Hitler, in preparing his genocide plans for the The collapse of the Soviet empire and the genocide, systematic extermination, or ethnic Jews, predicted that no one would remember independence of Armenia have been impor- cleansing. I have cosponsored House Concur- the atrocities he was about to unleash. After tant milestones on the road toward freedom rent Resolution 55, a resolution commemorat- all, he asked, ``Who remembers the Arme- for the Armenian people. While very serious ing the Armenian genocide, because of my nians?'' belief that we must never forget the victims of conflicts remain to be resolved in the Our statements today are intended to pre- this terrible act, and that we must always be Caucasus region, April 24 will remain an im- serve the memory of the Armenian loss, and prepared to prevent further crimes against hu- portant day for Armenians and Armenian- to remind the world that the Turkish Govern- manity. Americans, who are equally dedicated to re- mentÐto this dayÐrefuses to acknowledge Mr. WELDON of Pennsylvania. On April 24, membering the past and working for a brighter the Armenian Genocide. The truth of this trag- we commemorate the 82d anniversary of the future. edy can never and should never be denied. Armenian genocide, a tragic passage in our Mr. FARR of California. Mr. Speaker, 82 This 82d anniversary also brings to mind the years ago there began one of the most tragic world history which observed the systematic murder and relocation of 1.5 million Armenians current suffering of the Armenian people, who events in modern history: the persecution of are still immersed in tragedy and violence. the Armenian population of Ottoman turkey, living in the Ottoman Empire. This tragedy, the first genocide of the 20th century, included the The unrest between Armenia and Azerbaijan which led to the death or deportation of some continues in Nagorno-Karabakh. Thousands of 2 million men, women, and childrenÐsolely torture, starvation, and butchering of peaceful Armenians was a horrid example and fore- innocent people have already perished in this because of their ethnicity. dispute, and still many more have been dis- Over a 10 year period, Turkish Armenians shadowing of the race extermination of which placed and are homeless. were subjected to arbitrary execution, torture, politically and religiously intolerant regimes are and forced labor. Armenian women were capable. In the face of this difficult situation comes raped or forced into prostitution, and tens of The Ottoman Turks decapitated the Arme- an opportunity for reconciliation. Now is the thousands of men, women, and children were nian population by removing their religious, time for Armenian and its neighbors, including forced onto death marches that claimed their political, and intellectual leaders and placing Turkey, to come together, to work toward lives. When this horrified tragedy ended, as them in exile to later be murdered. With their building relationships that will assure lasting many as 1.5 million Armenians were dead, leadership removed, the Turks next deprived peace. and hundreds of thousands of others became Armenians of 250,000 of their young, able- Meanwhile, in America, the Armenian-Amer- refugees. The Armenian genocide decimated bodied men who were serving in the Ottoman ican community continues to thrive and to pro- the Armenian community in Turkey, reducing army at the time. These men were disarmed, vide assistance and solidarity to its country- its size by some 90 percent. placed in forced labor battalions, and either men and women abroad. Now numbering Many years have passed since these starved or executed. Severed from their lead- nearly 1 million, the Armenian-American com- events, but we must never forget what hap- ership and physical protection, the remaining munity is bound together by strong pened to the Armenians of Ottoman turkey Armenian population were deported from generational and family ties, an enduring work solely because of their ethnicity. First and every city, town, and village in Asia Minor and ethic and a proud sense of ethnic heritage. foremost, it is a lesson in the terrible tragedy Turkish Armenia. The ensuing march saw the Today we recall the tragedy of their past, not that can so easily result from hatred and big- torture, rape, and mutilation of defenseless to place blame, but to answer a fundamental otryÐespecially when a country sees political women, children, and elderly before their sub- question, ``Who remembers the Armenians?'' gain in supporting ethnic persecution. sequent death in the Syrian desert. Our commemoration of the Armenian Geno- Sadly, our modern world is no stranger to The Armenian genocide was a carefully ex- cide speaks directly to that, and I answerÐWe events of ethnic atrocity. More recently, ecuted government plan which effectively do. Bosnia and Rwanda have been scenes of eliminated the Armenian population of the Mr. KNOLLENBERG. Mr. Speaker, thank massacres and human brutality caused by Ottoman Empire. I recommend that in com- you for taking this time tonight to speak about ethnic hatred and prejudice. It is for this rea- memoration of this tragedy, we remember not this important topic to many people in this son that we must remember and commemo- only the many lives lost, but the spirit that country, including many in my district in Michi- rate the Armenian genocide of 1915±23, to re- lives on in the Armenian people. I have seen gan. mind ourselves of how prejudice can lead to this fervor in the many Armenian-Americans Recently, our Armenian-American commu- acts of great evil. that live in my congressional district today and nity lost a great hero, Alex Manoogian. A Let us join Armenian-Americans and others I commend the countless contributions that penniless Armenian immigrant who came to in commemorating the terrible events of 82 they have made to America from the national America in 1924, Manoogian was a kind bene- years ago, working to protect the human rights level all the way down to local communities. factor, gentle-hearted leader, a talented inven- of all people around the world, and preventing Although the Ottoman Empire may have tor and a perfect model of the American such a tragedy from happening again. successfully executed their sinister plan to dream. H1772 CONGRESSIONAL RECORD — HOUSE April 23, 1997 He was one of the most important and influ- Alex Manoogian is an example of this atti- of the Kulaks, Hitler's calculated wrath on the ential leaders in the Armenian-American Com- tude. Jews, Poles, and Romany Gypsy community munity over the last century. As we com- Sometimes, while we have enjoyed the in Central Europe, and Pol Pot's attempt to memorate the 82d anniversary of the genocide fruits of freedom, democracy, and basic purge incorrect political thought from Cam- of millions of Armenians at the hands of the human rights for so long, we tend to take bodia by killing all of his people over the age Turkish Ottoman Empire, I want to remember them for granted. of 15, and more recently, the ethnic cleansing a bright light who this community misses dear- This complacency sometimes allows us to atrocities in Bosnia and Ruanda. ly. forget that there are places where people We do not have the ability to go back and And if he were here today he would be tell- have been systematically murdered because correct acts of a previous time, or to right the ing the story of his heritage. It is a story of of who they are. wrongs of the past. If we had this capacity, sorrow, followed by a story of triumph. It is a So let us pay homage to those who fell vic- perhaps we could have prevented the murders story we must always remember so that this tim to their Ottoman oppressors, but let us of millions of men, women and children. dark period can never happen again. also go forth and tell the story of the forgotten We can, however, do everything in our I rise today to commemorate this dark pe- holocaust to everyone we know. power to prevent such atrocities from occur- riod in historyÐthose 8 years staring in 1915 For the sake of the Armenian heritage, it is ring again. To do this, we must educate peo- when over a million and a half of Armenian a story that must continue to be told. ple about these horrible incidents, comfort the men, women and children were murdered by Mr. TORRES. Mr. Speaker, each year, for survivors and keep alive the memories of the Turkish Ottoman Empire. the past 5 or 6 years of my memory, my col- those who died. While everyone has heard the story of Hitler leagues, Mr. PALLONE and Mr. PORTER, have I encourage everyone to use this moment to and his systematic extermination of the Jewish organized this special congressional oppor- think about the tragedy which was the Arme- people during World War II, the story of Arme- tunity for this body to pause to honor the nian genocide, to contemplate the massive 1 loss of lives, and to ponder the loss of the nian Genocide remains unknown to many. memory of the 1 ¤2 million Armenians who The Ottoman Turks were every bit as sys- were killed between 1915 and 1923 by agents human contributions which might have been. tematic as Adolph Hitler. After eliminating the of the Turkish Ottoman Empire in what is Although, the massacre we depict and describe started 82 years ago, the Armenian Armenian leadershipÐmost of which was known in infamy as the Armenian Genocide. people continue to fight for their freedom and done on 1 day, April 24th, 1915Ðthey then In essence, we retell a story of a moment in history, an event which began some 82 years independence today, in Nagorno Karabakh. went after the male population. The Turks took Again, this year, I would like to close my re- ago. I have notices that each year, I find my- their guns and put them into work camps marks with an urgent plea that we use this self using the same words to tell this story, where they labored until they died or were moment as an occasion to recommit ourselves and I realize that this process of retelling the killed. Finally, the surviving women, children to the spirit of human understanding, compas- facts of genocide, committed against the peo- and elderly were marched out into the desert, sion, patience, and love. where they were starved, raped, and tortured. ple of Armenia is in itself a very important For these alone are the tools for overcoming Very few who left ever came back. They event. For in retelling this story of the horror our tragic, and uniquely human proclivity for were stripped of their homes, property, free- which was perpetuated, we remember to be resolving differences and conflicts by acts of dom, dignity, and ultimately, their lives. By vigilant against the planting of the seeds of fu- violence. 1923, 1.5 million Armenians had been mas- ture atrocities. This century has been characterized as one sacred and 500,000 more had been deported. I would like to add that my district, the 34th of the bloodiest in our archives of human his- The mental images are nothing less than Congressional District of California, has what I tory. Certainly, the genocide perpetuated horrifying. The ghost-like silhouette of an Ar- believe is the only monument in the United against the Armenian peoples has been a fac- menian man after weeks and months of star- States which commemorates and records the tor in this dismal record. vation and torture in a labor camp. Women, genocide against the Armenian people. The The dawning of a new millennium offers our children, and the elderly, forcibly marched into citizens of the 34th Congressional District have human race two paths. One continues along a a wasteland, left to die. strong feelings about today's commemoration, road of destruction, distrust, and despair. These images should be etched in the col- and on their behalf I am here today to share Those who travel this path have lost their con- lective memory of every citizen of every coun- with you this retelling of an old and difficult nection to the primal directives, which permit try in the world. story. us as a society to maintain balance, continuity, Unfortunately, there was no CNN to beam Some would claim that our remembrance and harmony. disturbing pictures into the world's living rooms today fans the flames of atavistic hatred and I would ask my colleagues, on this 82d an- to galvanize international opinion. There were that the issue of the Ottoman government's ef- niversary of one of history's bloodiest mas- no U.N. convoys to bring food for the hungry forts to destroy the Armenian people is a mat- sacres of human beingsÐand during a time of and medical treatment for the injured. There ter best left to scholars and historians. I do not history when violent solutions to problems be- was only blood, hunger, and dust as thou- agree. For whatever ambiguities may be in- tween peoples continue to hold swayÐto con- sands upon thousands of innocent victims voked in the historic record of these events, template the second path. The map to this died in agonizing obscurity. one fact remains undeniable: the death and path exists within the guiding teachings of all What troubles me most, beyond the scale of suffering of Armenians on a massive scale major world religions and are encapsulated in the atrocities, is that you can ask 10 people happened, and is deserving of recognition and what Christians refer to as the 10 Command- on the street what they know of the Armenian remembrance. ments. I would ask my colleagues, no matter Genocide, and most will likely respond with si- This solemn occasion permits us to join in their religious or political persuasions and be- lence. remembrance with the many Americans of Ar- liefs, to revisit these core teachings which Most people are unaware that the Armenian menian ancestry, to remind this country of the form a common bond between all peoples. To Genocide ever happened. tragic price paid by the Armenian community use these common beliefs as the basis for ac- It wasn't until the 1980's that the world com- for its long pursuit of life, liberty, and freedom. tion and understanding in these trying times. munity officially recognized the genocide. And Today, I rise, with my colleagues, to recall The surface differences between peoples, to this day, there are still some who dispute and remember one of the most tragic events offer only an exciting diversity in form. At the that classification. in history and through this act of remem- core all peoples are united by common It is time for the world to remember the Ar- brance, to make public and vivid the memory dreams, aspirations, and beliefs in a desire for menian Genocide and give it its rightful place of the ultimate price paid by the Armenian harmony, decency, and peace with justice. in history. community by this blot against human civility. Let these testimonies of the atrocities per- If not for justice's sake, then for the impor- We come together each year with this act of petuated against the Armenian people serve tant and painful lessons it lends to today's commemoration, this year being the 82d anni- as a reminder that as a human race we can, events. versary of this genocide, to tell the stories of and must, do better. It takes strength and wis- We in America have a special responsibility this atrocity so that we will not sink into igno- dom to understand that the sword of compas- to remember those who died in those dark rance of our capacity to taint human progress sion is indeed mightier than the sword of steel. days. Our country was built with the sweat of with acts of mass murder. Certainly, as we reflect over the conflicts of millions of persecuted refugees, who came The Armenian genocide was a deliberate this closing century, we can only come to the here from many places and at great risk, to act to kill, or deport, all Armenians from Asia conclusion that violence begets violence, ha- simply embrace a better life and to be judged Minor, and takes its place in history with other tred begets hatred and that only understand- only by the excellence of their endeavors. acts of genocide such as Stalin's destruction ing patience, compassion, and love can open April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1773 the door to the realization of the dreams which eration of Armenians to honor the memory of ed States, but represented I think by a we all hold for our children and for their chil- the innocent people who were slaughtered determination that was manifested in dren. simply because they were Armenian. They do one of those voting lines in the 1980’s, Let our statements today, remembering and a great service for the world by not only com- when one woman who had been ordered openly condemning the atrocity committed memorating their own ancestors, but by focus- by the FMLN Communists not to go to against the Armenians, help renew a commit- ing world attention on the terrible con- the polls that day was standing in a ment of the American people to oppose any sequences of allowing crimes like this to go voting line with a bullet wound in her and all instances of genocide. As we enter the unopposed and unnoticed. Remembering the shoulder and was asked by one of the new millennium let us commit ourselves to Armenian genocide is both an important trib- reporters if she was not going to leave finding new and peaceful paths for resolving ute to those who were slaughtered and one the line and she said ‘‘no’’. Essentially differences which inevitably arise. step in making sure that this does not happen she said ‘‘We fought for a long time to I thank you for the honor of sharing these again. get to this point, I’m going to vote.’’ thoughts and words with you today. GENERAL LEAVE And they had a great turnout that Mr. ACKERMAN. Mr. Speaker, I rise today, Mr. PALLONE. Mr. Speaker, I ask year. together with my colleagues, to commemorate unanimous consent that all Members Jose Duarte remained the leader of the Armenian Genocide of 1915±23. On this may have 5 legislative days within El Salvador and, because of the stead- day, in 1915, over 200 Armenian leaders were which to revise and extend their re- fastness of Ronald Reagan a lot of his systematically massacred by the Turkish Gov- marks on this special order on the Ar- supporters and guys like Bill ernment. Yet these horrific murders were only menian genocide. Blakemore of Texas, who was a real a precursor to the brutality and aggressive- The SPEAKER pro tempore. Is there leader of the business community, we ness that would follow. In just 8 years, over objection to the request of the gen- have a chance for real democracy in 1.5 million Armenian men, women, and chil- tleman from New Jersey? our own hemisphere. dren were murdered and an entire population There was no objection. Let me say just a word, Mr. Speaker, was faced with annihilation. I stand today, not Mr. PALLONE. Mr. Speaker, if the about my great friend Bob Dornan. only to acknowledge and remember the hor- gentleman from California has nothing There will never be another one like rors of this tragic event but to denounce the else, I would thank him for participat- him. He was of great value to this government of Turkey for their denial of these ing with me. House, and I think there is a good historically documented truths. The official po- f chance he will be of great value to this sition of the Turkish Government is that, dur- House again. I am just reminded when ing World War I, a series of internal conflicts TWO GREAT AMERICANS: BOB they had the incident in Somalia and contributed to the unfortunate deaths of many DORNAN AND BILL BLAKEMORE those Americans were killed, Bob Dor- Armenians. This claim shamefully ignores the The SPEAKER pro tempore. Under a nan was the only Member of the Na- premeditated murder of these people. As previous order of the House, the gen- tional Security Committee who went Members of Congress and as human beings, tleman from California [Mr. HUNTER] is over, flew that long distance, some 40 it is our responsibility to defend the memories recognized for 5 minutes. hours in the air, to Somalia, went over of those who needlessly suffered. We must Mr. HUNTER. Mr. Speaker, I thank the event in detail, and came back and preserve the dignity of lives destroyed by the my friend, the gentleman from Geor- contacted the family of every member cruelty of a government. Their plight deserves gia, JACK KINGSTON, for giving me some of that Ranger unit who were killed in remembrance and the world deserves the time here ahead of his 1 hour. that debacle. truth. The Turkish Government's refusal to ac- Mr. Speaker, I rise to say a few That was Bob Dornan. A heart as big knowledge the Armenian genocide is disgrace- things about two great Americans. One as all outdoors, a keen intellect, a ful and I find it to be an injustice, which should of them is my good friend Bob Dornan, great ability to speak. He has still got not be tolerated under any circumstances. It is who is no longer with us, but may be it. Obviously we have heard from him essential to recognize the devastation that back soon depending on the outcome of across the airwaves lately, but I just was incurred by ignoring the Armenian geno- the election challenge that he has of- wanted to say that Bob Dornan was a cide and allowing such horrors to reoccur fered; and the other one is Bill great, great asset to the National Secu- through the Holocaust. We remember the trau- Blakemore, a private American citizen rity Committee, flew all of the air- ma befallen upon the Jews and we must now who right now is in the hospital, the craft, knew all of the countries with stand up for the suffering forced upon millions Methodist Hospital in Houston, TX, whom we had treaty relations and of Armenians. The world can no longer refute who is in pretty serious condition, but knew what the treaty relations were history. Instead we must come together as Ar- who was very, very important to this and was a real expert in national secu- menians, as Jews and as human beings to country in the 1980’s when he helped to rity. God bless you, Bob. I hope to see guarantee that no person shall ever endure put together a group of Texas conserv- you back soon. such pain again. I thank my colleagues, Con- atives who rallied the country behind f gressman JOHN PORTER and Congressman the idea that Central America was MEDICARE FRANK PALLONE, for leading this effort in the worth saving, and particularly that we House of Representatives, and am proud to needed to support the Contras, the The SPEAKER pro tempore (Mr. be a member of the Armenian Issues Caucus freedom fighters who were fighting the SUNUNU). Under the Speaker’s an- in order to work on this issue of concern to all Communist-backed, Soviet-backed in- nounced policy of January 7, 1997, the human beings. surgents or Soviet backed Sandinistas gentleman from Georgia [Mr. KINGS- Mr. FRANK of Massachusetts. Mr. Speaker, in Nicaragua, and also that we needed TON] is recognized for 60 minutes as the I am appreciative of the efforts of my col- to protect the very fragile government designee of the majority leader. leagues in taking out this special order and of El Salvador, the government of Jose Mr. KINGSTON. Before he leaves the making it possible for us to reaffirm our abso- Duarte, which at that time was holding Chamber, I want to say to the gen- lute determination that the Armenian genocide off the Soviet-backed FMLN. tleman from California that many, will not go unnoticed. The world made a ter- many Members and in fact I am sure b 2015 rible mistake, with disastrous consequences, most Members of this Chamber agree when it ignored the terrible crime committed When Ronald Reagan came into of- with him in his comments about Rep- by Turkey against the Armenian people 80 fice in 1980, and I was lucky to be one resentative, the Honorable Bob Dor- years and more ago. I continue to be baffled of the people that came in with him as nan, because he was such a viable part by the unwillingness of the current Turkish one of the 54 Republican Congressmen of this body for many years. He is an Government to acknowledge this horrible who were elected that year, Honduras, extremely dedicated patriotic Amer- crime. I do not blame the current inhabitants Guatemala, El Salvador and Nicaragua ican of great intellect and energy, and of Turkey for the sins of their ancestors, but were all under some sort of a military I hope that the years are as good to me their refusal to acknowledge these terrible ac- dictatorship. Today all those nations as they have been to Bob Dornan in tions do them no credit. have fragile democracies, imperfect, terms of getting the job done. As do many of my colleagues, I greatly ad- certainly not totally cast in the image Mr. Speaker, tonight is the eve of the mire the fierce commitment of the current gen- of democracy that we have in the Unit- trustees report on Medicare. Each year H1774 CONGRESSIONAL RECORD — HOUSE April 23, 1997 the trustees who are appointed, three out. It changed in 1995 and all the re- very important obviously to my moth- of them by the President of the United serves will be totally exhausted by er. But it is very complicated. She has States, give a state of affairs on Medi- 2002. to have a part A program, she has to care, how it is doing, how much money The gentleman is right. My congres- have a part B program and she has to it is bringing in, how many people are sional district in Florida is a beautiful have a supplemental and it still does participating, what works and what area, southwest Florida, with lots of not pay that much. It does not pay any does not work. We all remember on senior citizens. It has more senior citi- drug coverage. April 3, 1995, when those Clinton-ap- zens than any congressional district in Mr. KINGSTON. Would the gen- pointed Medicare trustees gave us the the country. It is important for the tleman care to describe those briefly? very sad news that Medicare was going people in my district because of the Mr. MILLER of Florida. Of course broke and if we did not act and act seniors in the district. It is important Medicare part A is paid for by payroll quickly to protect and preserve Medi- as a jobs issue. My economy is very de- tax. That is the part that is going care, that it would not be there for our pendent on Medicare because I have got bankrupt. The part A program pays grandparents and for future genera- more hospitals and doctors and nursing hospitalization costs. When you go in tions. homes and home health agencies that the hospital, that is what it pays for is I think what the Republican Party employ people. That is the largest em- the doctor, the surgeon, the hospital has tried to do since April 1995 is work ployer in my district. So it is a jobs bills. There is some nursing home cov- to solve Medicare on a bipartisan basis, issue. It is not just for the senior citi- erage and a little bit of home health because, Mr. Speaker, my mother and zens. coverage there. Part B is outpatient dad depend on it. My great grand- Mr. KINGSTON. If the gentleman coverage. Part B pays for home health mother depends on it. My wife depends will yield, it is a jobs issue, but also as and doctor bills. But part B unlike part on it. My wife’s grandmother depends part of it, there are some inefficiencies A is paid mainly out of the Federal on it. It is something we believe deeply in there and one of the results of that treasury. Twenty-five percent of it is as Americans that we need to protect inefficiency is that Medicare inflation paid by the senior citizens, about $46 a and preserve. has been around 11 percent. Regular month. Whereas the other 75 percent I have tonight joining me in this spe- medical inflation has been in the 4 to 6 comes right out of our Federal treas- cial order the gentleman from Florida percent range, depending on the year ury. No one pays a penny into it. It is [Mr. MILLER], who has led that fight. and so forth. a pay-as-you-go type plan. The gentleman from Florida [Mr. MIL- Would the gentleman care to com- Supplemental, the senior citizens pay LER] has, and he may have the need to ment on that? the full costs of it. They have a choice correct me, more seniors in his district Mr. MILLER of Florida. What we find of about 10 plans. They pick the one than any other district in the United is that in the private sector, we found they want. If they want a Cadillac States of America. It is not only very health care costs really being very plan, they pay a very expensive bill. If personal with him, but it is certainly manageable the past several years. Ac- they want to take a lesser expensive political. So he has had to do every- tually for larger businesses with over version, they do not have to pay as thing he can to help it. 100 employees, health care costs have much. But it is very complicated. No I am going to yield the floor to the even been going down for some of these one in the private sector has to live gentleman from Florida [Mr. MILLER], companies. So what we should do is let with three insurance plans. Basically but before I do I want to also say that us look at what the private sector is you just only have one plan. When I I have the gentleman from Washington doing. That has been true in every- was in the private sector I had one [Mr. METCALF] with us, who is part of thing. Just look at what the private plan. As a Federal employee I have one the freshman class in the 104th Con- sector is doing and apply it to Medi- plan. That is the way it works. But not gress who also has worked very closely care. for senior citizens. We have created and very energetically to protect Medi- Mr. KINGSTON. Is the gentleman this very difficult plan. The benefits care. The gentleman from California meaning to tell me that Ford Motor are not even that great sometimes. As [Mr. HUNTER] is welcome to join us if Co. or IBM or Wal-Mart, their health I say, most of them do not get drug he chooses to. care has not been going up as much as coverage. They do not have all the Let me yield to the gentleman from Government-run health care? choices they want. It is a very paper- Florida [Mr. MILLER]. Tomorrow we get Mr. MILLER of Florida. In some work, bureaucratic type plan. Every- the report. What is it going to tell us? years it has been going down. That is body has been afraid to talk about Mr. MILLER of Florida. The Medi- how successful they have been to help Medicare. But the one thing right now care report is probably going to tell us control costs. Under the Medicare plan at stake, we brought up the issue 2 essentially the same thing we have that we are proposing, this is a biparti- years ago when the trustees’ report been hearing the past couple of years, san issue as the gentleman said. This is came out, is this is something we have that Medicare is going to be bankrupt something that we have got to work got to work together on. It is not sus- in 4 more years. This report coming together with the Democrats and Re- tainable continuing to grow at 10, 11, 12 out from the administration includes publicans, because the Democrats, de- percent a year. It is going bankrupt. people like the Secretary of HHS, spite what they said during the cam- Looking at the numbers, going further Donna Shalala, the Secretary of Treas- paign last year, are just as committed off into the future, it is even worse. ury, Robert Rubin, the Secretary of as we are to save this program. We We have a two-part problem here, a Labor, which we do not have one right have got to save it. We have got to short-term problem and a long-term now, and few other appointees. It is not work together. Actually I have to com- problem. The short-term problem is in dispute what the facts are going to mend the President. He has moved in bankrupt in 4 years, so we have got to be in the report. The report is going to our direction since the election, de- act now. We have got to act this year, say that Medicare is going to be bank- spite all the rhetoric last fall. Hope- with the President, with the Demo- rupt sometime probably in 2002. That is fully we are going to be able to work crats and Republicans, we have got to only 4 years away. It may be a couple out something together. It is some- have a plan that saves it at least to of months different from what it was thing that is absolutely essential to 2010. last year, but the bottom line is Medi- this country and we need to work to- Then we have a long-term problem, care part A is going to be totally out of gether. and that is what I call the 2010 prob- money, because we started back in 1995 But the gentleman is right. Big com- lem. 2010 is 65 years after the end of where the money flowing into the Med- panies have actually had their costs go World War II. That is when the baby icare part A fund is less than the down for some years. What they have boomers were born, right at the end of amount of money going out. Up until done is give people choices, instead of World War II, so starting in the late 1995, we had more money flowing in having one size fits all as we have in 1940’s. Those people are going to start from the payroll tax, that is how we Medicare. Medicare is not a great pro- retiring in 2010. The demographics real- fund the Medicare part A program, we gram. My mother is on Medicare. She ly explode starting then. That is, the had more money going in than going is 87 years old, in a nursing home. It is number of retirees is going to increase April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1775 very fast, from 2010 on. And the number tem, there are some absolutely amaz- morrow is a landmark report that I of people working to support them on ing stories. One of the stories, and ac- think the American public ought to Medicare is going to be going down. So tually this was covered, by the way. pay close attention to, and we expect we are going to have fewer people The Tom Brokaw news people had TV that we will mirror closely the last working, paying payroll taxes to sup- cameras at this town meeting. trustees’ report that was released, and port retirees after 2010. b 2030 this notion of the bipartisan aspect of Mr. KINGSTON. What the gentleman our concern about Medicare and our is saying is it is our jobs working with And a lady stood up. It was in a mo- need to save and preserve the Medicare the Medicare trustees on a bipartisan bile home park in Palmetto, Florida, program is a very real aspect of our de- basis to act like fiduciaries and protect and explained about, you know, this is liberation. And when you start with and preserve Medicare not just for the a classic one of waste and fraud. It is the very basis of the debate that exists next election, not just for the term of she got a bill from the hospital. She on Medicare, I think you see that. had been in the hospital, and she was our tenure in public office but for the This report is not a Republican re- billed for her own autopsy, and so she next generations, so that it will be port. In fact it is not really a Democrat calls up the hospital and said, ‘‘You there tomorrow. report, although the trustees, the Med- As I understand the gentleman, the know, you did not do an autopsy on icare trust fund, are appointees of our private sector health care inflation has me, I’m still alive,’’ and tried to ex- President, Bill Clinton, and please help been flat largely because the private plain to him that, you know, you can- me with some of these names, Robert sector has gotten out there and looked not do an autopsy, I am still alive, and Reich, the Labor Secretary; it includes at different types of delivery systems, they came back and the hospital: Donna Shalala as well. Maybe you can different alternatives. In our Medicare ‘‘Well, let me check the records help me. Who else? plan, we had some options for seniors. first’’; then came back and said ‘‘Oh, If you want to stay in traditional Medi- I’m sorry. That was a mistake. We did Mr. MILLER of Florida. Robert care, you may, it is no problem if you an EKG on you.’’ Rubin, Secretary of Treasury, and the want to just continue. In fact, if you do And she said, ‘‘You didn’t do one of head of the Social Security Adminis- not elect to take an option you are those either.’’ tration is on that. There is about 8 or automatically enrolled in traditional And so it is amazing the number of 9, I think, total. Medicare. But if you want a managed little mistakes like that. I mean that Mr. BOB SCHAFFER of Colorado. care plan, because as the gentleman was, might have been a billing-type You know, and if you think about how has pointed out, it could give you free mistake. many debates we have here where the prescription drugs as part of the Mr. KINGSTON. You know, though, I basis for the debate is often the subject monthly premium. If you want a medi- hear this in our town meetings on Med- of disagreement on this particular cal savings account, which is a deduct- icare with seniors all the time is that issue, there is no denying, from either ible type plan, you could take that. At the fraud and abuse, the sloppiness in party or anybody involved, that this one time I know we talked about en- billing is just unbelievable. Medicare program is undeniably going rolling in the Federal employee health My dad has diabetes, and he has to go bankrupt within 4 years. In fact, care plan or something like that, very macular degeneration, so he is legally it is a fact that the Medicare program close to it. Another option I remember blind. You know, diabetics have to spends approximately $40 million every was if you are, say, a retiree of General check their blood sugar level all the day. Every day; that is something that Motors and as part of your job descrip- time, and so in the condominium com- is very difficult for people to fathom, tion, your perk, if you will, was to be plex that he lives in Athens, GA the but I have to say, and I appreciate the covered under health care the rest of seniors all kind of help each other out. chance to participate in this discussion your life, you could just elect that and So one of his things is he gives advice tonight because when I, as a new Mem- not participate in any kind of Govern- to lots of his neighbors, and he says ber here in Washington, have been on ment-offered health care. In giving sen- over and over again somebody goes to the job for about 4 months and running iors these choices, which are the same the doctor, the hospital, on Medicare for Congress was an eye-opening expe- choices, Mr. Speaker, that everybody for a head cold, they are billed for x- rience for me. My grandmother, who has in America today and frankly I rays or whatever, it is just. And you do lives out in Colorado Springs, told me; think I would like to upgrade my not know. she said whatever you do back there in mother from a 1964 Blue Cross/Blue There is another story of a woman Washington, you have to save the Med- Shield plan. I do not expect her to just outside of Brunswick, GA, who in- icare program, and I assured her that drive the same 1964 Chevrolet Biscayne stead of going to have stitches removed we would, that that is our goal and our that we had, actually a Ford Falcon, so in Brunswick, the ambulance drove her objective and that we would do what- why should she be confined by the to Jacksonville because it is legal ever it takes to accomplish that. same health care policy? Let us let sen- under Medicare, and the Jacksonville And you mentioned a few minutes iors get the benefits of the 1990s. But trip allowed the ambulance company to earlier just about we certainly have by offering those things, we can bring charge $1,200 whereas, had they just the financial side of maintaining sol- down medical inflation as respects gone to Brunswick, it would have only vency of the fund. But there is also the Medicare and not cut Medicare one been $200 or $300. behavioral side of Medicare itself, and dime. In fact, I remember last year, So legally they can be very, very ag- what I mean by that is we have to and the gentleman can correct me, but gressive on their delivery service just change the system in a way that re- approximately the numbers were $190 to get the higher amount. You never stores the patient-physician relation- billion, increased to $270 billion, which see that in the private sector. That was ship that we once had; this whole nois not a cut even if you do live at 1600 one of the reasons that health care in- tion of a government third-party payer Pennsylvania Avenue. flation skyrocketed in the 1980’s, but in that will pay the bills with little ques- Mr. MILLER of Florida. We are going the private sector, companies started tions asked, in many cases, causes, for to spend more money every year per getting aggressive about it and they a significant amount of fraud in many person on Medicare. Medicare spending brought that down. cases, for overtreatment and other ex- is going to go up every year. It is just Now the gentleman from Colorado amples of where questions that are just that we need to slow down the rate of [Mr. SCHAFFER] is here, and I know he not asked as a consumer would per- growth in spending, slow it down just a is a freshman. He has already expressed haps. And you know the Medicare Plus little bit but spend more money every interest in working on Medicare, and program that the Republicans had pro- year. As the gentleman said earlier, we he has been waiting for tomorrow and posed 2 years ago and was eventually need to look at this waste and fraud. the trustees’ report, too. thwarted here in Washington involved Because when you have a government Mr. BOB SCHAFFER of Colorado. those very opportunities for patients to bureaucracy, there is so much waste. Well, thank you very much for yield- have choice within the Medicare pro- When I have town meetings and I have ing. This is truly a critical issue for us, gram and to be treated like real cus- seniors talk about the waste in the sys- and this report that is coming out to- tomers, real consumers of health care H1776 CONGRESSIONAL RECORD — HOUSE April 23, 1997 to provide the consumer-driven ac- ing when I was there, and so now he For all the dermatologists in Florida, countability that you have in so many has brought us to great fame. only Florida, they came up with a new private aspects as well. But it was the frustration of the set of rules, and that, you know, says I So certainly we have to look at the deans of the medical school because mean maybe there is a problem there, financial side of increasing spending at Medicare had come up with a ruling but, you know, to come up with a blan- a responsible rate so that we do not that was a retroactive ruling of how ket rule is interfering with that pa- bankrupt the program as others have they are going to pay for medical tient-doctor relationship, and there is proposed to increase more than that; in school residents. a great deal of frustration, more frus- fact, drain the account and result in ul- Now I do not necessarily disagree tration with our doctors and my doc- timate bankruptcy, but we also have to with the details of what they are talk- tors in my area than I have seen in my look at the behavioral reforms to the ing about doing, but the problem is 4 years here in Congress talking about program that allow us to be treated they are going to go retroactive back that issue so. And it is the bureauc- like real customers, like real consum- to 1992 or so. That was it could bank- racy, and they say, oh well, we have ers, and to restore that relationship rupt our medical schools; it was unbe- got to save money, and so there is a which is so vital in the health care de- lievable. I hate anything retroactive. problem here. We will write some new livery system. We have retroactive death taxes here, a rules. Well, you know that is what we Mr. KINGSTON. Well, the gentleman couple of years ago President Clinton’s need to do is open up the marketplace. who has worked so hard on it, the gen- bill, but the thing is when you go ret- You know one of the options we have tleman from Florida [Mr. MILLER] do roactive, and they feel so helpless down talked about by the way in the bill last you believe you had mentioned that there, the deans of the medical schools; year, and hopefully it will be included the President is a lot closer now? It is we cannot afford these millions of dol- in it this time around, is something not an election year, we do not hear lars retroactively. We have got to pay called provider service organizations, the demagoguery. Are we in the United back. which is really a great opportunity for States Congress going to put our sen- If you are going to change the policy, local communities to provide their own iors first this year, get a bill passed in fine, change it, give us the right notice. health care. Most people get their the House and Senate and signed by We will work under whatever rules health care in the local community, the President? Washington’s bureaucracy decides. And and what we want to do is give the op- Mr. MILLER of Florida. Well, I cer- that is the problem. One size fits all, portunity for the local hospital and tainly hope so. We have to. I mean 4 whether it is my local. The dermatolo- doctors to go together and offer a pack- years is not very long. I mean when we gists in the State of Florida have had a age or plan to the seniors. started this, it was 7 years before bank- certain procedure on treating skin can- Now insurance companies are not too ruptcy. Now it is just 4 years. So we cer. Well, maybe there is an abuse of it keen on this, admittedly, but the hos- have to do something, the President re- by Medicare, but only in the State of pitals and doctors say, hey, we can alizes it. And you know what we are Florida. So the State of Florida Blue compete with them because they feel hearing is that he wants to work out Cross in effect banned it for all the doc- frustrated that the Blue Cross or Trav- an agreement. tors, and the dermatologists are saying elers are going to beat up on them. You know, one thing has been inter- wait a minute; you know, you could do What we want to do is, hey, if Sarasota esting in the past few weeks back in it in Arizona, you can do it in Georgia, Hospital and their doctors want to do my district and even up here: some of but the dermatologists now across the one, if Savannah Memorial Hospital or the frustrations with the bureaucracy. board, all of them, cannot use this pro- whatever the name of the hospital is in Let me tell you a couple of the situa- cedure unless you have got great docu- Savannah, wants to get together with tions, and that is what people get mad mentation. I mean it is unbelievable. their doctors and offer one, if they about with Medicare because it is, you You know, there was an abuse, but want to get together in Denver or know, the big bureaucracy in Washing- when you have a government-run sys- whatever city and let the doctor and ton makes the decisions, and these doc- tem, one size fits all, you set it up to hospital work together to compete tors are just saying they have never try to figure a way around the system. with a Blue Cross plan or a Travelers had it worse in Medicare. I mean they Mr. KINGSTON. Well, it is interest- plan or the traditional Medicare, are getting more letters saying denied, ing. You mentioned that a friend of which, you know, should continue, that denied, denied, and then the doctor just mine sells bandages to Medicare suppli- is the type of pressures that will give has to spend all this effort document- ers, and it is kind of a cross between flexibility to a system, market pres- ing why he did this procedure. And the regular bandage and a gauze ban- sures, just what is happening in the they said, ‘‘I’m all ready to give up on dage, and it is more sophisticated than private sector can really slow down the the whole thing.’’ I mean there are an ordinary bandage but is no big deal. rate of growth in spending because we some doctors that are more senior. He says that they can be made for $3. are going to spend more money in the They are saying, ‘‘Hey, I’m not ready Under Medicare you can legally bill up system as long as the amount of money to quit the whole practice of medicine. to $29 on there. is still growing. I think we can pre- I cannot tolerate it any more.’’ So he comes to a town meeting, and serve and protect it and save it for our Give you one other illustration. I had he and I make a big deal about this seniors and strengthen it at the same the deans of the medical schools in the bandage, and I show it up, and, you time, because we need to strengthen State of Florida. We have, I think, four know, of course it is the kind of poster Medicare not just for the long term. or five medical schools in the State all child you look for; you know, public of- Mr. BOB SCHAFFER of Colorado. If came to see me one day; the dean of ficials and so forth. And so I showed it. the gentleman will yield, you know the the University of Florida, the Univer- The only time he has ever been audited strengthening is precisely how we pay sity of South Florida, University of by the Federal Government was after for our program to maintain the sol- Miami and Nova actually. he put this, after he basically blew the vency of the Medicare trust fund, and Mr. KINGSTON. Were their any whistle on this crazy bandage. the programming, the $30 bandage ex- Gators in the room? I am a Georgia And it is the same thing, only the ample, is one that I hear a lot, not ban- Bulldog. government would come up with such dages per se in my town meetings, but Mr. MILLER of Florida. I am a Gator weird rules and regulations and then I hear a lot of examples just like that. now. appear to be a little bit punitive when And what I hope people will realize is Mr. KINGSTON. And the Seminoles, somebody blows the whistle on it, and that those kinds of occasions that but the Gators, you are really pushing I hope that it works out. occur every day in America in fact rob it even in the name of grandma. Mr. MILLER of Florida. I mean, as and steal medical opportunities for the Mr. MILLER of Florida. When I was you were saying, the gentleman from millions of Americans who receive in Florida the guy named Dooley that Colorado, somebody, you got to be con- health care and benefits through the was there coaching, and we were not cerned about the patient-doctor rela- Medicare Program. And without a too fond of him, but now we like our tionship, and I mean just kind of like doubt, these different options and ex- plan. You know, Super Steve was play- the dermatologist situation in Florida. amples that you mention of various April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1777 service delivery systems and networks have become the majority of Congress ideas and creative suggestions to im- that we would hope recipients would be is bring common sense, Republican, plement and expand homeownership, able to choose among and be a part American ideas to the streets of Amer- especially for first-time home buyers. would end the example of the $30 ban- ica. Common sense is at a premium in Housing is not just a roof over your dage, will put an end to the example of Washington. It is just such a scarcity. head but a place you can call home, a the $200 splinter removal, as I had But the gentleman from Washington place you own. Thus far, over 30 of my heard out in Colorado, examples like [Mr. JACK METCALF] is one of the Mem- colleagues have joined this caucus. We this that you just routinely hear, and bers who has been working very, very remain committed to expanding home- it is just remarkable. hard in the Housing Opportunity Cau- ownership and opportunities for every- I would like you, though, to speak to cus to make homeownership and that one, and protecting Medicare so sen- just one more time. I do not think we part of the American dream real to iors, like me, can stay in their homes can say it often enough that our plan millions of more Americans than have as long as possible. actually envisions spending more houses right now. So I am proud to I personally invite Members to join money per recipient over the next 5 to yield to the gentleman from Washing- the caucus and look forward to work- 6 years than certainly what we are ton [Mr. METCALF]. ing together to find solutions that will spending today. Many people think Mr. METCALF. I thank the gen- expand homeownership and fulfill the that the only way you can save Medi- tleman for yielding. homeownership American dream. care is to somehow cut spending or cut Mr. Speaker, it is absolutely critical Mr. KINGSTON. I thank the gen- funding for the program. We are not to protect and preserve Medicare. We tleman for discussing what he is up to talking about that at all. In fact, we cannot allow it to continue toward in the homeownership conference, be- are talking about increasing the per- bankruptcy. It will be very difficult, cause another thing that will bring capita benefit to somewhere around but I will tell you, we will succeed in about homeownership, as much as any- $6,700 per recipient. Today I think we keeping Medicare so people can stay in thing else, is balancing the budget, and we are going to be talking about that, are around $5,000 per recipient, some- their own homes. because, as the gentleman knows, Alan where around that neighborhood. Homeownership is something I am But by increasing the spending at a critically interested in. I will briefly Greenspan has said that balancing the budget could reduce interest rates on responsible rate and at the same time comment on this as related to Medi- home mortgages as much as 2 percent, putting the patients and giving them care. Very important, really critical, and that would be significant towards some real incentive in the accountabil- and that is homeownership. everybody participating in the Amer- ity side of this delivery system, that is As chairman of the Republican Op- portunity Caucus, I can sincerely speak ican dream. how we are going to save the program, There are a lot of quirky things that that is how we are going to maintain on one of the most important issues facing our Nation, the ability of our we are trying to bring common sense solvency, and hopefully that is what is policy to. One of them is in the subject people to realize the American dream going to ultimately earn the bipartisan of sugar, and, Mr. Speaker, we are not and participate in one of our greatest support here in the House and the Sen- going to get back to the Hershey’s bi- opportunities, homeownership, and the ate and over at the President’s office as partisan hugs and kisses dialogue when right of the Medicare recipients to stay well to sign Medicare reform in a pro- we talk about sugar. But the gen- as long as possible in their own homes. gram that will save the program. tleman from Florida [Mr. MILLER] has While there is no magic silver bullet Mr. KINGSTON. It is too bad that in a program that eliminates the sugar in finding ways to increase homeowner- Washington you can always demagog program. So I wanted to yield to him ship, we can find solutions by working out of fear and you can get reelected and ask him what is the sugar program together. In some cases, Federal pro- through race-baiting or scaring seniors and why should we eliminate it? or saying that children are going to be grams such as the low income housing Mr. MILLER of Florida. I thank the starved on the streets. It is an old tac- tax credit, FHA, HUD or the Federal gentleman. tic. Home Loan Bank have been the cata- Last year we worked very hard, and Last year, before the gentleman was lyst for developing homeownership. the gentleman worked very closely here, Haley Barbour, the chairman of Clearly, Mr. Speaker, these impor- with me and with the gentleman from the Republican Committee, offered $1 tant programs I have mentioned, and New York [Mr. SCHUMER], a Democrat, million to any Democrat or any person important ownership encouragements, to do away with the sugar program. We who could show where Medicare was such as maintaining the home mort- are going to try to have a 5-year phase- being cut in the bill. Now do you not gage deduction, have brought people out. know the pressure that partisans were from renting to owning, fulfilling the I look at the sugar program as one of under to try to prove that the Repub- dream of so many Americans. the most egregious examples of cor- licans were, in fact, cutting Medicare? Not only does homeownership benefit porate welfare that we have here in I mean they would have loved to col- the individual home buyer, but the Washington. Anybody who believes in lect that million dollars because in ad- spin-off of the home building industry reducing the size and scope of govern- dition to being millionaires, they could is the catalyst for our national econ- ment has to believe in getting rid of have been heroes, huge heroes. omy. Rightly so, new housing starts this program, phasing out this pro- Not one person was able to do that. are always one of the first indicators gram, because the sugar program is big Medicare was not cut. Yet unfortu- we look for in an ever-growing and ex- government at its worst. nately, in Washington we have a few panding economy. What the sugar program does is it is demagogs who like to scare seniors and Mr. Speaker, the Republican Housing a cartel. I think the gentleman from so forth, but the gentleman has raised Opportunity Caucus is committed to Texas [Mr. ARMEY] says it is the worst a good point. Per recipient, it went identifying models that work for hous- cartel we have had since OPEC. It is from approximately 5,200 to about ing and homeownership. It is often the the cartel that controls the amount of 7,100, and we are going to continue to case that partnerships fostered be- sugar available in the United States, work, and the doors are wide open in tween nonprofit organizations, lenders, and it does this by restricting imports the discussions and the dialogs and the government and builders are needed to in such that the price of sugar is kept committee rooms. Democrats and Re- solve the ownership problem. This is almost at twice the world price. If the publicans, come on in, let us do what is the goal of our caucus. world price is 12 or 13 cents, in the responsible. Tomorrow we will get the The mission of this caucus is to give United States we pay 22 or 23 cents a report, and we are going to have to Members of Congress, who are inter- pound for sugar. It costs the American continue addressing this. ested in housing policies, an oppor- consumer $1.4 billion a year. tunity to discuss their concerns and co- Mr. KINGSTON. Let me ask the gen- b 2045 ordinate a response. A symposium that tleman, it costs the American consum- One of the things we need in Medi- we will soon sponsor will bring in peo- ers the difference in the world price care policy is common sense. One of ple with hands-on experience in provid- versus the domestic price, but does it the things that we have tried since we ing affordable housing. We want their cost you in taxes? H1778 CONGRESSIONAL RECORD — HOUSE April 23, 1997 Mr. MILLER of Florida. It costs in produce there in my area goes outside in the United States when they could several areas in taxes. Because, first of the United States. Fifty percent of the shift the production to Canada, all, the American consumer is the fresh grapefruits in the State of Flor- produce the candy there and send it American taxpayer. So I am not sure of ida are shipped outside the United back to the United States? And that is the distinction. When the American States. exactly what is happening. consumer pays $1.4 billion more for So we have to export some products Mr. KINGSTON. In fact, there is a sugar than they need to, it costs the and some products we have to import. candy cane company in Georgia who American taxpayer, too. I mean, that is just a fact. Sugar, we tells me that the biggest competitor is But it costs the taxpayer in other just do not have the land. not in the candy cane business, the big- ways we don’t realize. For example the Mr. KINGSTON. Let me ask my col- gest competitor is the U.S. Govern- sugar program is bad for the environ- league on the subject of imports, so not ment, who makes it so that they have ment. It really is bad for the Ever- only are we subsidizing large, cor- to buy sugar at an inflated price, and glades. There was an editorial in the porate American sugar growers, but we because of that, Canadian candy cane New York Times on Sunday talking are also, if I hear the gentleman cor- manufacturers can come in there. And about the Everglades problem and sug- rect, subsidizing foreign sugar growers; he can beat the Canadian candy cane ar’s contribution to it. is that correct? manufacturer any day of the week on a Now sugar is not the only problem to Mr. MILLER of Florida. That is one-on-one basis, but when the Govern- the Everglades. It is a major contribu- right. ment is also on the team of the Cana- Mr. KINGSTON. And then let me ask tor to the destruction of the Ever- dian folks, the American guy loses. glades and the Florida Bay. The prob- the gentleman this question, are there Mr. MILLER of Florida. Right. It is non-American citizens participating in lem with it, for example, is to solve the just not fair. We should be proud of a the sugar program, and are they get- Everglades problem, part of the solu- lot we did with this farm bill last year. ting paid to do that? tion is to buy 100,000 acres of land in Mr. MILLER of Florida. The gen- We made some historic changes with the Everglades’ agricultural area. Last tleman asked a couple questions. One farm programs that went back all the year, we put $2 million in the farm bill is, one reason we call it corporate wel- way to the 1930s. It was a really his- to help buy that land. fare is that there are at least 33 farms toric change. We are going to buy 100,000 acres, that benefit by a million dollars a year. Unfortunately, the only program most of it in sugar, but because of the Most of the benefits go to big sugar that was not changed, basically, was sugar program, we are going to pay an farmers, sugar plantations in the State sugar. All the other products, whether inflated price for the land. It is going of Florida. The largest one, as a matter it is peanuts or dairy, had some really to cost us probably $100 million more of fact, is controlled by a family who major changes. But not sugar. And it to buy this land from the sugar farmers are not U.S. citizens. was unfortunate. because of the sugar program. It is But the interesting point on this, and So, hopefully, we are going to con- crazy. it really makes me bothered by this tinue to address that issue in this Con- Mr. KINGSTON. Because the Govern- whole thing about importing sugar, gress and see some results, maybe. ment is the reason that land is higher, Australia has a free market for sugar. Mr. KINGSTON. The interesting and yet the Government is going to We should be able to compete with thing about the sugar program is that pay the higher cost, which it costs. Australia. They sell sugar to anybody changes in compromises transitioning Mr. MILLER of Florida. Right. That in the world 12 or 13 cents a pound, but the sugar program to a free market is what makes it so crazy is that we not to the United States. We do not program and protecting whatever very are, in effect, subsidizing sugar again; want to pay 12 or 13 cents. We insist on small farmers are out there. But as was we are buying that land. paying the full price; the United States said, most of the bulk of it, the bene- Another little interesting subsidy insists on 22 or 23 cents a pound. fits go to the large corporate farmers about the sugar program is we cannot Mr. KINGSTON. Even though we can anyhow, but giving the programs the grow enough sugar in the United States get it for about half that price. benefit of the doubt, compromises were to satisfy demands, so there is no Mr. MILLER of Florida. Not just half offered. They were all rejected. choice about the fact whether we do price, but, no, we insist we will pay our The Miller-Schumer bill, which the not import or not. We have to import price for it whether it is coming from gentleman has introduced, actually sugar. the Dominican Republic or what have eliminates the programs and takes the Mr. KINGSTON. Is it not true that you. American consumer out from the we import 100 percent or 99 percent of This is a bad jobs issue, too. The shackles of a Government cartel. our tea, which is true, we do not grow sugar program is killing jobs in the Mr. MILLER of Florida. It was actu- tea domestically? Many people have United States. Let me give a couple of ally the Miller-Schumer-Kingston bill said we have to preserve the American illustrations. last year. Right. It was a 5-year phase- supplier because we cannot be depend- First of all, we have sugar refineries out. So it was not something that was ent. But I think the reality is the de- that are going out of business. We have going to happen immediately. I am a pendency is overseas to those markets closed 40 percent of the sugar refinery big believer that we need to phase to make sure that America continues production in the United States since these programs out so we do not really to buy their sugar. this sugar program came into existence punish people unfairly on this. So to say that there is going to be a in 1981, 40 percent. These are good-pay- We have to be fair to the American sugar shortage because of the change ing jobs. consumer, who is the American tax- in the sugar domestic policy is ridicu- I had a press conference last week, payer. We are losing these jobs. It is lous because we never had a tea short- and I had these members of the AFL– just not the right way of having a big age, or at least none in recent memory CIO surrounding me coming down from government program. It no longer that I can recall. New York City and Baltimore saying, needs to continue to exist in this coun- Mr. MILLER of Florida. We have to ‘‘Hey, we are going to lose our jobs, try. be proud of American agriculture. It is this is my career, and we are going to Mr. KINGSTON. It is interesting as the most efficient and productive in have to shut down because there is not we look at these things. I want to talk the world. We are the major exporter of enough sugar in the United States to to the gentleman about the budget. agriculture products. I do not know the keep these mills open.’’ When he says the taxpayers are paying, number, but that is one of our largest But the other issue why we are losing one of the things that they have to pay trade surpluses we have. jobs is, because of the high price of for is the administration of this ridicu- I have a lot of citrus in the State of sugar, we are driving jobs outside the lous program. Florida, of course. We cannot consume United States. Canada. Canada, you Another thing taxpayers are paying all of the citrus we grow in the State of can buy sugar for about half the price for is AmeriCorps. AmeriCorps takes Florida. We have to export. Tropicana that we do here. kids who are volunteering and pays is my largest employer in my district. Why would a candy company that them. Now it is interesting. The Presi- Twenty-eight percent of the juice they uses a lot of sugar continue producing dent has this volunteer summit going April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1779 on this week in Washington. And in the road, got caught in a pothole in backbone of a great community where Americans are great volunteers. I be- the road. People in Florida have all of we live now. lieve the statistic that I read, 90 mil- these sink holes, so they can identify So I am a big believer in volunteer lion Americans volunteer 4 hours a with this. The frog gets caught, his work. But when you get paid, that is a week each and every week, and that in- buddy frog comes over there and tries job. So let us stop calling AmeriCorps cludes people who make and bill out $4 to pull him out. He pulls and pulls and a volunteer program. It is a jobs pro- or $5 an hour to people would bill out pulls and cannot get the frog out of the gram. $300 or $400 an hour. pothole. Why do we need a new jobs program? Everyone likes to volunteer in Amer- So his buddy says: I will try to come We want to have college kids; well, let ica and participate, and it is one of the back to get you tomorrow. Just hang us help work study. That is a good pro- great things about our country. Yet, in there. So he goes back home and has gram. It helps kids work for the uni- the President’s main program has been dinner, a couple of flies and grub versity or do different jobs and get paid to take young children and start pay- worms with the family. The next thing for it. But it is a jobs program. So it ing them to do what their older broth- you know, the frog that was in the road really bothers me when you say it is ers and sisters and parents have been caught in the pothole comes through volunteer. Oh, well, we have a volun- volunteering to do. the door. He said, how did you get out teer army. It is volunteer to get in, but Now the cost for that and the Presi- of the pothole? We tried and tried and one is a paid soldier, and it is a career dent’s justification is that it is an idea tried and we could not get you out of when one gets in. So we have to dif- to get them interested in participating; the pothole. How did you get out? He ferentiate. But we can go program it helps them with student loans and so said: When you were trying I just want- after program; and sitting on the Com- forth. And yet, the cost per student is ed to get out because I knew I needed mittee on Appropriations as we both $26,000, Mr. Speaker, for volunteers; to get out. But after you left a truck do, we have to make these tough and the student only gets $1,500 of that. was coming, and I had to get out. choices. They are not always bad pro- Where is the difference? The bureauc- Now, that is the position of the U.S. grams, someone is always there to de- racy. Congress right now. We are stuck in fend them. the pothole. We would like to balance b 2100 But I am more optimistic now. We the budget, but in reality, we can go start with the ideas, the rhetoric is Once again, we have a program that home and tell everybody it is somebody is doing nothing but growing the bu- very different. When we first came here else’s problem. We can portray our- in 1993, talking about balancing the reaucracy. So the Congress goes Repub- selves as a solution and say that we lican, the Republicans go in there and budget was not talked about. We were really cannot do it now, but we are try- the only ones talking about it. We were say, let us audit AmeriCorps and see ing, and we can talk this good game. how it is that the program that pays just talking on this side of the aisle. At The fact is, we cannot defy gravity least now, everybody is talking about volunteers $1,500 costs $26,000 per vol- much longer, Mr. Speaker. It is time to unteer. We found, after ordering this it, assuming we are going to balance admit a truck is coming down the road the budget in the year 2002. So at least audit, that the books were in such bad to smash all of us politically, nation- shape that they could not be audited. we are starting with the premise that ally, economically. It is time to bal- we are going to reach a goal. That was Our budget is full of ridiculous and ar- ance the budget, and it is time to quit chaic things like that. As the President not true 4 years ago, so we have come fooling around about it. a long way. Unfortunately, I am not stands in the well of the House of Rep- I know the gentleman from Florida sure the facts will back up the rhet- resentatives and says, the era of big has worked very hard as a member of oric. The rhetoric is there, but at least government is over with, in fact, his the Committee on the Budget to try to we have accomplished the rhetoric. budget insists on increasing the size of come up with some programs that the big government. Clinton administration will agree to Mr. Speaker, the negotiations are Let me show the gentleman this eliminate and that we can move toward going on, as the gentleman said, be- chart, Mr. Speaker. This is the Clinton balancing the budget. I know the gen- tween Senator DOMENICI and the gentleman from Ohio, Mr. KASICH, from budget which he says will reduce tleman from Ohio [Mr. KASICH] has spending and balance the budget by the worked very hard with the White the House Committee on the Budget. year 2002. In fact, in the year 2002, the House since January trying to nego- We are at a critical juncture right now Clinton budget proposal has a $69 bil- tiate. Are my colleagues getting any- because, if we cannot get something to lion deficit. where? work with the administration on, we Now, if we say an increase in Medi- Mr. MILLER of Florida. Mr. Speaker, are going to have to proceed on our care is a cut, maybe we can call a $69 balancing the budget is very, very hard own to present a budget. We are pre- billion deficit an even budget, I don’t work. It is not easy, because a lot of pared to move very quickly, because know, a zero balance. But it is not the programs are good programs in the time is running out. I mean our fiscal true. government. The problem is whether year ends on September 30, so we have Here is what is even worse than that, the Federal Government should really to have a budget and get moving on the 98 percent of the deficit reduction in be doing them. appropriation process and all that. the Clinton budget comes within the My colleague mentioned AmeriCorps. The President said he presented a last 2 years. That is the equivalent of I am sure there is some good work balanced budget. And as the gentleman me saying I am going to lose 30 pounds being done by AmeriCorps ‘‘volun- said, it is smoke and mirrors, and the over the next 10 months, and not losing teers’’ in this country, and I am sure gentleman from Ohio [Mr. KASICH] uses anything for the first 9 months and they can show us some of the programs phrase, it gives smoke and mirrors a then that last month go on a starva- that they are helping with. And I think bad name because of the games they tion diet, like anybody thinks I am we could say, well, that is fine. played with the issue. going to make the goal. It does not The question is, first of all, it is not But there are serious negotiations even happen. a volunteer program. I mean, it is a going on. I think it is very difficult for Then, in the year 1998, which is a paid-work program. It is a make-work the President, Dick Morris’ theory, and year away, it increases the deficit by program. And for someone who is a big the triangulation is separating us from $24 billion compared to not even pass- believer in volunteer work, I never was the liberal wing of the Democratic ing his budget. Clearly, Mr. Speaker, in politics before and my background is Party. If he is willing to sacrifice the we cannot be playing games like this. volunteer work. I had my kids volun- liberal wing, the party who say they The time has come to balance the teer, my wife volunteers, we have done are for a balanced budget, but I do not budget. everything. In terms of helping with think really mean it, we have a chance My friend, Michael Quido, who is an arts organizations or mental health or- to get a deal. evangelist, I do not know if the gen- ganizations or day care programs, we Mr. KINGSTON. Let me ask the gentleman gets him in Florida or not, tells are strong supporters of helping the tleman, the gentleman from Ohio [Mr. the story about a frog that got caught community. That is what makes the KASICH] has been negotiating with the H1780 CONGRESSIONAL RECORD — HOUSE April 23, 1997 White House in good faith since Janu- tional debt issue and it gets Social Se- true. Some of their organizations that, ary. And his analogy is, it is like sell- curity on a sound basis. so called, represent them up here say ing a house to somebody. They say I We have talked about Medicare ear- that, but the seniors back home do not like your floor plan, I like your lier, we have to talk about Social Secu- always feel that way. shrubbery, I like your neighborhood, I rity. It does not go bankrupt for an- I had an interesting conversation on like your price, but they keep coming other 20 years, so we have a little bit of the phone last week with a constituent and coming with everything but a con- time. But the fact is it is hiding how who lives in a very, very large mobile tract. At this point, my colleague says bad the deficit is today; $75 billion of home park, these are not wealthy retir- it is time to fish or cut bait, and they our deficit, it should be higher by $75 ees. This lady was from Indianapolis. are not doing that. billion, because Social Security is He was in fact leaving this Saturday to So here is my question. Say the where that money is. go back to Indianapolis, 84 years old, White House is up to its usual tricks Mr. KINGSTON. Essentially, when lost her husband recently. She is get- and they will say one thing publicly we talk about Social Security, is what ting this extra money from Social Se- but behind the scenes not agree to a seniors are saying, is protect it from curity. I do not need it. This debt is budget. What do we do in the House? general highway appropriations, or bad. How can I get my check, give it Can we go ahead without a budget and AmeriCorps, or the NEA, or whatever back, and have it applied to the debt. I pass our appropriations bills and avoid the folks want to spend money on; just do not want to just give it to the gov- a government shutdown, or does Clin- use the Social Security money only for ernment to spend more money. ton want to have another government Social Security. That is what seniors She wanted to give it back to the shutdown? say. government to pay down its debt. I Mr. MILLER of Florida. Actually I What the younger folks say is, put thought that was very noble of her, and think the President really wants a bal- me in a private program; the existing I called and we chatted on the phone anced budget, but we will see. We are program is not going to be there when the other day. That makes me feel so at a critical juncture over the next I retire. So the great beauty of this good. They know there is a problem couple of weeks. We will know whether Neumann budget is he calls it a Social there. They know it is not right for we can work out an arrangement so Security preservation budget. I call it their grandchildren and this country that we can have a balanced budget the grandma and the grandbabies’ and future generations, they are will- with the President over the next couple budget, because it looks at both spec- ing to do their share. I do not need this of weeks. If we do not, we are going to trums of our population, the demo- COLA or this increase, I do not think find the Budget Committee moving graphics, which I think is extremely we should stop that at all. The seniors very fast forward and presenting the important. are willing to do their fair share, they budget that we will vote on here in the Let me read the gentleman some sta- just want to make sure that everybody House certainly before the Memorial tistics that were given to me by a man contributes to it, the farmers and the Day break. And then the Committee on named Pete Davies of Sun City, AZ. It military, everybody. Appropriations can move ahead with says, prior to 1929 it was a disgrace for Mr. KINGSTON. So are farmers, so all 13 of their appropriations bills. an administration to run a deficit. Out are veterans and so are business people. So we had a meeting in the Commit- of the 140 years between the year 1790 Somehow, Washington does not get the tee on the Budget this afternoon, and I and 1929, there were 87 years in the his- message. Sometimes they get beat do not want to be optimistic or pessi- tory of the United States when there around up here, as you do, people come mistic. We are at a very critical point to the office, you have to vote, and you was a surplus, and that resulted in a re- right now, and we just do not know are darned if you do and darned if you duction of whatever debt had been out what we are going to come forward do not on an issue. there. There were four periods, from with over the next few days. b Mr. KINGSTON. Mr. Speaker, here is 1801 to 1811, 1922 to 1934, 1879 to 1892, 2115 a budget that has been proposed from and 1919 to 1929 where the Nation oper- You go home and you realize that the the gentleman from Wisconsin [Mr. ated for a decade or more with a sur- guy in the morning who wakes up at NEUMANN], one of the members of the plus every year, and that was consid- the crack of dawn, who puts his lunch committee. His budget excludes Social ered a responsible government. The together and eats it out of a lunch pail, Security revenue and, as the gen- longest period prior to 1929 in which drives maybe 20 miles to work, and tleman knows, Mr. Speaker, Social Se- there was a deficit every year were the comes home late at night after putting curity is mixed in with the general 8 years of 1857 to 1864, which included in a full day, he is tired, his kids are budget. What his does is actually pro- the Civil War. So there was a reason, a there and his wife has had a full day at tect Social Security by putting it on a viable reason to have a deficit. her job, they are not disappointed in separate line and then, in addition to Mr. Speaker, the longest period with the vote that we may have cast be- balancing the budget by the year 2002, a deficit without a war was the 5 years cause they want a government that one thing the Neumann budget has of 1846 to 1850. Then of course there was works. They just want good, common- that I really think is very important, a deficit between 1930 and 1945, 16 sense policies, a balanced budget. They and I do not think this can be picked years, but that was right after World want an American dream they can pass up by a camera, Mr. Speaker, but this War I and during World War II. on to their children and grandchildren, is a schedule for balancing the budget But during this last period when we they want a good future that they can and zeroing out the national debt. And have had deficits since 1969, or actually retire with a health care program that in the Neumann budget, by the year since 1970, 1969 was the last time we is there and a neighborhood that is 2023, my children and grandchildren, had a balanced budget, we have not had safe. your children and grandchildren, can a major war, certainly a civil war or of If they can have that, that is what wake up and say the national debt is World War II proportions. So it is abso- they want. I think what they are ask- gone. The $6 trillion national debt, lutely time that we got this under con- ing from you and me as their rep- that generation of Americans, can live trol and do what is responsible. resentatives in Washington is just to without having that dark cloud hang- Mr. MILLER of Florida. Sun City, do what is right, to do what is good for ing over them. AZ. I have a Sun City in my district in America. If you do that, do not worry Mr. MILLER of Florida. Mr. Speaker, Florida. about lobbyists and the big govern- the gentleman mentioned Social Secu- One thing I think for senior citizens, ment crowd, and then the day is a good rity. Social Security generates ap- and I meet with them all the time, day. proximately $75 billion more in reve- most senior citizens, they lived I go home and think about those nue a year than it pays out. So actu- through the Great Depression and folks, because often they do not write. ally, our deficit is worse than we real- World War II. They want to do what is Many times they do not have business ize, because Social Security is counted right for this country. In fact, a lot of cards, they do not have titles and so in there. them resent the fact that most Ameri- forth, but that is whose interests we What is really good about the Neu- cans think all seniors want is more, really have to look out for. That is who mann budget is it takes care of the na- more, more. That is not necessarily we have to make more of a priority. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1781 Mr. MILLER of Florida. Exactly. As family members as they have had to America, and to help many families Ronald Reagan said, this is a great deal with the horrific tragedy visited within our districts and certainly with- country filled with good people. There upon them by some violent criminal. in our country. For many of us, it is are so many good people, it makes you We have held hands as we have waited obvious that if we do not pay some at- feel good to be in America. Especially for the verdict of 12 impartial people. tention to this, the future for many senior citizens, they want to do what is I have relived with those victims of people in our country is not going to be right in this country. They recognize violent crime some pretty horrific what it certainly should be. The young we have problems in this country. They tragedies, like the young father who people of our Nation are the future. are willing to make their contribution, was murdered in front of his two young They are the future doctors, teachers, but as the gentleman says, we have children. In one of the most selfless businessmen and businesswomen, and talked to veterans groups. It is not al- acts that I can think of, he was begging yes, even future Members of this Con- ways me, me, me, and that is too bad not for his life, not for his own safety, gress. that some organizations here advocate but for the lives of his two kids. Yet Juvenile crime for many people is the that. his pleas fell on the deaf ears of the result of substance abuse. In speaking We are moving in the right direction. murderer, who was ultimately con- to teachers, youth group leaders from The rudder is right, we are all talking victed. various religious institutions through- about balance the budget, balancing Or there were the two juveniles who out my State and district, that has the budget and getting fiscal respon- were on a crime spree, and chose to been confirmed for me. sibility back in Washington. Now is a murder the two security guards that I recently saw a study that had got- chance, the best chance ever in our came down to investigate this routine ten the opinion of police chiefs around lifetimes, to really bring that fiscal theft. The stories and tragedies across the country, and they believed, or 31 sanity back here and get a balanced this country are too many to mention. percent of them believe, that reducing budget by the year 2002. I am more op- I do not need to mention, Mr. Speaker, substance abuse, specifically narcotic timistic today, whether we deal with how strongly I feel for the victims of abuse, would be a very positive step in the administration or we just do it on violent crime. reducing the crime rate. For many of our own. Of course, last week we had the op- these police chiefs, reducing drug abuse Mr. KINGSTON. I am glad to hear portunity to visit back in our districts was three times as crucial as putting that. I thank the gentleman for being and promote National Victims’ Rights more police officers on the street. That with us tonight in this special order. Week. Fortunately, I think in the last that was certainly something that f Congress, in earlier Congresses, we raised my eyebrows. have done some things to begin making I know that many of our colleagues OUR RIGHT TO SAFETY AND some inroads, to make sure that vic- here probably saw an article in many FREEDOM FROM FEAR tims are equal partners in the criminal of the newspapers, even here in Wash- The SPEAKER pro tempore (Mr. justice system along with those who ington, DC, within the last couple of SUNUNU). Under the Speaker’s an- are accused of these heinous crimes. days, in which two teenagers from my nounced policy of January 7, 1997, the For instance, in the last Congress, State in Sussex County, the northern gentleman from Missouri [Mr. restitution for victims was required in part of New Jersey, lured and then HULSHOF] is recognized for 60 minutes. Federal courts. In fact, earlier in this killed two pizza delivery people. Mr. HULSHOF. Mr. Speaker, once Congress we passed a law to help pro- I just read an article today in one of again the 32 newly-elected Republican tect crime victims’ rights to attend the our major newspapers in our State, in Members of this body have sought a trial of their assailants and to provide the Star Ledger, that both suspects in special order of this House to focus on victim impact testimony, which passed this slaying had a history of drug issues that affect the lives of Ameri- this House by a large, overwhelming abuse, and perhaps this brutal crime cans all across this great land. number. In fact, I am told that the could have been prevented if these two We have, as Members know, in the President has signed that measure into people had not begun using drugs. past explored positive solutions to law, and it is now the current law of I would like to quote from the Star problems that affect American commu- this land. Ledger article. One of the alleged per- nities. We have addressed the issues We have much work to do, however. petrators’ grandmother was inter- and concerns of working men and What we hope to do, Mr. Speaker, is viewed, and she said, and I will quote women as they struggle to juggle fam- focus a few minutes this evening on in part, ‘‘This young man was trans- ily commitments along with their ca- this issue. Particularly, I know that formed in the past 2 months through reers. We have spoken, I think last there are members of the Republican drug use.’’ This change was radical, week it was, about enacting real tax freshman class who have been cham- and she was speaking of his demeanor, relief. pions in the area of victims’ rights. I how it changed, and that he had, Mr. Speaker, tonight we want to know there are others of us who wish among other things, tremendous mood train the spotlight of this House and to speak tonight about a specific prob- swings. Obviously she is very upset focus on an issue of concern to every lem dealing with drugs in our commu- about not just what took place to these man and every woman and every child nities, as well as violent juvenile of- two young people who were killed, but in this great land. What I am speaking fenders. also what drugs did in changing her about is the most basic civil right that In fact, I see that my friend, the gen- grandson. each of us possesses: the right to be tleman from New Jersey, joins me here In New Jersey, though, for several free from fear, the right to be able to in the well of the House. Mr. Speaker, years our Governor has established the drive to a convenience store in safety, I am happy to yield to the gentleman Council on Alcoholism and Drug Abuse, the right to take a leisurely stroll from New Jersey [Mr. PAPPAS]. and we have really seen it make a dif- through our neighborhoods, holding Mr. PAPPAS. Mr. Speaker, I thank ference. What it does is it establishes hands with our spouses, without con- the gentleman for yielding to me, and in each of our 21 counties in our State cern; the right to let our kids play out- I want to thank him once again for or- an alliance which is made up of people side in the front yard without having ganizing this special order that we are from county government, municipal to constantly keep watch over them. doing each week that we are in session, government, people from the religious Mr. Speaker, before joining this body to highlight an area of public policy community, youth organizations, edu- after the November election, I worked that is of concern to you and to many cation, labor, business, many non- for a little over 10 years as a criminal of us here, and to talk about some of profit, volunteer organizations. prosecutor in the State of Missouri. the experiences that we have had in What they have done, which is some- Along with many hardworking law en- our own respective districts and what unique even for New Jersey, is forcement officials from our great States. meet to determine what is their need State, I had the opportunity to work The debate here this evening, or the in their respective community, and on the front lines, dealing with crime discussion here this evening, is really how can that need best be addressed. and crime victims. I have cried with aimed at trying to create a better There is some government funding that H1782 CONGRESSIONAL RECORD — HOUSE April 23, 1997 is provided, but there is also a require- I know recently just going back, I very shortly, the experts tell us that ment that there be some fund-raising have had a chance to visit with the nationwide we are likely to experience at the local level to help pay for these, local elementary school in Missouri, a 31 percent increase in juvenile crime which in most instances are education the Luray Elementary School, very by the year 2010. In that climate, the and prevention programs. small, K through 8, with about 45 stu- FBI predicts and has told us that juve- Some of the programs that have been dents, and yet they are very aware. In nile arrests for murder will increase 145 sponsored include drug-free graduation fact, when you walk into the school, percent over the 1992 level, juvenile ar- parties or proms, poster contests, in- the doormat there says ‘‘Don’t do rests for forcible rape by 66 percent, school training sessions on the danger drugs.’’ and juvenile arrests for aggravated as- of drugs, and preventative programs for b 2130 saulted by 129 percent. all age categories. I might say that Those are estimates based on today’s some of the communities have even se- This constant educational process trends, but I know like you and the lected programs to target senior citi- that helps young people realize that rest of the Members of this freshman zens, because in many people’s view with every choice there comes a re- class who are dedicated to changing there are many senior citizens in our sponsibility, it sounds like this is also those numbers and using the power of country that have substance abuse working in your home district. these podiums and our offices to try to problems. Mr. PAPPAS. In conclusion, if the give a new direction to these numbers The focus of this particular program gentleman will continue to yield, I and offer a brighter picture. think what I spoke about, what we is in education and prevention, not so Let me tell you about some of the have done in New Jersey and what we much on treatment, not that that is problems that we face in America right did in my county, is to illustrate how not an appropriate avenue for funding, now, why juvenile crime is something one-size-fits-all approaches that too but there are many detoxification serv- that is on increase. I would submit often Washington, DC, folks have felt ices and halfway houses that are al- that it has an awful lot to do with the is the way to go does not always work. ready in existence and are funded in callous disregard for the issue that we It is not always the answer to all of the many instances from other avenues. see people in government and people in needs of the communities throughout Over the course of our Gov. Christy this Congress, I hate to admit, take to- Whitman’s first term in office, juvenile our great country. I hope that initiatives that we have ward juvenile crime and hopefully we arrests in New Jersey have actually de- can change that. clined overall by 5 percent, and juve- had, not just in New Jersey but really The question is, what happens to ju- nile arrests for violent crimes have in many of our districts that are rep- veniles once they are caught? What dropped by 7 percent. I believe that resented here tonight, will be reflected does the Government do at the State these community-based organizations upon. I talk about some of the success and local and Federal level as well to that I have spoken about here are an stories that we have been involved with remedy the situation? Juvenile courts important reason for this drop in in central New Jersey, with the hope of have seen their case load of violent ju- crime. encouraging other people to not nec- venile offenders increase 98 percent be- Another exciting initiative that was essarily feel they have to reinvent the tween 1985 and 1994. The number of ju- very successful in my home county of wheel. venile murders has actually tripled Somerset in New Jersey was the forma- I certainly look forward to learning during that same time period. Juve- tion of the Somerset County Youth of what positive things may have taken niles 15 years and younger were respon- Council, which, when I was on our place in your district and in others and sible for 64 percent of the violent of- county board, asked principals, high certainly take those ideas back home. fenses handled by juvenile courts in school principals, private, parochial, as Mr. Speaker, I thank the gentleman 1994. Almost half of all juveniles ar- well as public, to recommend young for yielding to me. rested for violent offenses received ei- people to come together, to meet Mr. HULSHOF. Mr. Speaker, I ap- ther probation or fine, restitution or maybe 4 times a year, to advise the plaud the gentleman for his efforts. community service. And nearly 40 per- county government officials on pro- Hopefully his constituents know how cent of those offenders who come in grams they feel need to be addressed hard he is working up here and that he contact with the court system have from the young people’s perspective. is providing some great examples and That strategy has been very enthu- success stories in central New Jersey. their cases dismissed. siastically responded to by both the I see the gentleman from Colorado These young children are not stupid. educational community as well as the has joined us in the Chamber, and I They may be foolish with respect to young people. They have become in- yield to the gentleman from Colorado the crimes that they commit. I do not volved in a wide variety of efforts, un- [Mr. BOB SCHAFFER]. want to deny that. But when it comes dertaken projects, such as trying to Mr. BOB SCHAFFER of Colorado. to the odds of getting caught and get- raise the consciousness of their peers Mr. Speaker, I thank the gentleman for ting prosecuted and strenuously so in to not even start to smoke, let alone yielding to me. this court system, these young chil- get involved in alcohol and narcotics, I wanted to talk about a couple dren have figured out that the odds are and it has really been something that things that I think raise this issue and in fact on their side and that we as has been very, very positive. tell us why it is important this week Americans have tolerated far too much These young people have been asked and why we ought to focus on juvenile in the way of unruly behavior and dis- to serve, and they have really stepped crime and the importance of this topic. cipline problems throughout the coun- forward and run this program, which There was a subcommittee hearing try and so on. really is growing in its scope and in its that just took place this last week, and Let me tell you a couple more dis- breadth of involvement from people some of the stories that that sub- turbing statistics. The average length from all segments and all economic sit- committee had heard are some sober- of institutionalization for a juvenile uations. ing facts. I want to go through a couple who has committed a violent crime is Mr. HULSHOF. Mr. Speaker, the gen- of those. There were a number of per- only 353 days. In other words, a juve- tleman mentioned these young groups, sonal stories, just tragic, similar to the nile who commits cold-blooded murder and I would ask the gentleman, what one that you mentioned just a few mo- can be back on the streets in less than age groups is he talking about that the ments ago, but also just some numbers 1 year in many cases. coalition is reaching out to? that I think really put this into per- According to the Justice Depart- Mr. PAPPAS. Junior high, middle spective. ment, of those juveniles who actually schools, and up to high school. First of all, when you realize that make it to a State institution, 43 per- Mr. HULSHOF. It seems that espe- with the experts are telling us right cent have had more than 5 prior arrests cially the earlier that the education now about the effect of what they call and 20 percent have been arrested more process can begin, once that foundation the echo boomers, the children of baby than 10 times. Approximately four- begins, you can really begin to build boomers that will be leaving their dia- fifths of those offenders have pre- that foundation. pers behind and becoming teenagers viously been on probation and three- April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1783 fifths have been committed to a correction which runs the world’s largest coming worthwhile productive leaders tional facility at least once in the past. blood collection and distribution sys- and citizens in our country, that we The next question obviously is, what tems as just one of its projects. The need to embrace and that we need to can we do? What can we do to turn temperance movement in the mid- celebrate and really look to them. I these terrifying numbers around? That 1800’s, a response to the growing alco- think they really are going to be the is the job that is in front of us. That is hol addiction of the time, resulted in answer to the solutions that we are something that I believe if we have the massive reductions in alcohol con- hunting for in reducing juvenile vio- tenacity that brought us all here to sumption and a change of attitudes lence. Washington we can turn those numbers about alcohol abuse. Mr. HULSHOF. Mr. Speaker, I always around. I mention some of those examples be- appreciate the gentleman from Colo- I would suggest that in many re- cause these were not inspired by gov- rado gracing us with his presence. I did spects what we ought to do is not look ernment. They were inspired by private not see any photographs tonight. I was to more and more government pro- citizens, private associations who real- waiting for the family portraits. grams as the answer to preventing ju- ize that the answer to crime and to Mr. BOB SCHAFFER of Colorado. venile crime. Sometimes that is effec- just sad economic conditions for many Mr. Speaker, no juvenile offenders at tive. But as the research begins to pile millions of our youth at that point in home. up and mount, it confronts us with the time was not found in the halls of gov- Mr. HULSHOF. Mr. Speaker, the gen- undeniable truth that spending mil- ernment but it was found in the halls tleman mentioned a good point. He lions and millions more of Federal and of churches and schools and charitable started talking about statistics and State and local funds on various youth organizations. what unfortunately we had to look for- related programs has not managed to I want to finish with one more sad ward to. turn these statistics around, not at all. story unfortunately. It is an event that In fact, I know that some who say I would suggest that just as the pre- took place right here in Washington, that crime is not that much of a prob- vious gentleman had mentioned that in DC last week, and I mention this today lem and that the statistics say that some ways we need to look back to the because it does relate to this issue of violent crime is going down, and they future, programs that have worked juvenile crime and it is a topic that I talk about government programs having worked, and yet why is it that none well. It was Alexis de Tocqueville, the hope to speak to in more detail next of us at least who work in this city, great observer of American democracy week. why do we not feel safe when we walk back in the earliest days, who observed That is an event that took place a little over a week ago here in the Dis- down the street? that in America it was the private as- You mentioned another good point trict schools. In a fourth grade class- sociations, the private institutions, the about the violent nature of the offenses room here in Washington, an elemen- private charities and religious organi- being committed by younger and tary school, nine fourth graders were zations that in fact had more to do younger offenders. I have had a chance, allowed to be unobserved or unattended with America’s greatness than any- again in my career as a prosecutor, I by their teacher in a holding room off thing that the government was able to have had occasion in the last couple of put together. to the side of the school room. These years to visit with some of the older Just a few examples, and I want to children engaged in some kind of sex criminals in the prisons who are actu- finish with just a brief comment about game known as freaky Friday, as the ally serving substantial sentences and what is happening here in the District Washington Post described the event, visiting with them about why they are of Columbia. eventually were disrobed and engaged there and trying to find some solu- Look at these examples and I think in sexual activity in a school building, tions. it is our challenge to try to see what a classroom in the District of Colum- One of the things that rang out was has worked and try to duplicate these bia. This is an important item to note that these men and some women with examples. for us here because the Constitution extensive criminal resumes were most The Young Men’s Christian Associa- puts this Congress in charge of the Dis- fearful of the youthful offenders who tion, the YMCA, was established to trict of Columbia. were just now being sentenced that combat urban crime. Seeing its mis- But at a time when we are wondering they were having to be incarcerated sion as molding the moral character of and in disbelief in many cases as to with, that these were the ones that had the young, the YMCA successfully un- how young children in America can be- a callous disregard for the difference dertook a struggle to win the hearts have in many cases the way they do, between right and wrong. and minds of inner city youth, leading we need to look no further than the ex- It was just extraordinary to hear to a major drop in juvenile crime. amples that occur right here in Wash- these very grizzled criminals that ex- In founding Georgetown University ington, DC, a good place to start, I pressed some concern and fear about in 1792, Bishop John Carroll argued for would suggest, and as I mentioned, I the youthful offenders that they were the necessity of, ‘‘a pious and Catholic hope to have a chance to discuss this a having to share cells with. education for the young.’’ Carroll little more next week because we cer- I know, as the gentleman has worked hoped that Georgetown’s graduates tainly have to focus on improving the on the subcommittee, in the old days would supply a pool of teachers for the quality of our public education system in, 1950’s and 1960’s, when our juvenile Catholic schools of local parishes. if we ever hope to get at a point where laws were first crafted and created Today those schools provide superior we really are challenging these young across the country, a truancy was the education, not only to the children of children, giving them real hope and op- most violent or aberrant behavior that Catholic faith but to all faiths, and it portunity. we had to deal with. Now rape and mur- has had just a tremendously important Let me finish just by saying this. By ders and assaults and all other types of role to play in poor inner city parents far the greater example is found within violent offenses. seeking an alternative to public edu- the many children and young people we I know in the State of Missouri we cation. have seen throughout the country who have been very proactive, that we have The Young Women’s Christian Asso- are achieving noble things, who are held accountable those youthful of- ciation gave a chaperoned place to live working hard, earning good grades, fenders that commit adult crimes and to young women migrating to the finding ways to be young entrepreneurs holding them accountable as adults, cities from rural areas. That stability and being successful in their home while at the same time, as I hear folks immediately became available to those towns. argue on the other side of it, we are not young women, permitting them to We see these examples all the time. throwing away the key on youthful of- gradually find the community life in They really do need to be celebrated. fenders, but there are ways to reach which they felt comfortable and safe They need to be a component part to out to those that have not had dis- fellowship after leaving their families any solution that we try to craft here cipline in their lives, like boot camps and original communities. in Washington or policy direction that or institutional type settings that pro- The Red Cross is another good exam- we pursue, and it is really those young vide them training and skills that they ple, a massive private sector organiza- children, who are on their ways to be- have not had. H1784 CONGRESSIONAL RECORD — HOUSE April 23, 1997 You mentioned some of these volun- The administration likes to cite sta- terror of what awaits them outside teer organizations. I think the list goes tistics showing that the rate of violent their front door. on and on, things like even scouting, crime is falling, but these figures fail I appreciate the gentleman’s yielding Boy Scouts and Girl Scouts or 4–H, Big to convey the increasing sense of the the time. Brothers and Big Sisters, which pro- coarsening of our culture in which once Mr. HULSHOF. I appreciate that. I vide adult mentors for adolescents. unspeakable crimes lead the news on a notice the gentleman is wearing a par- I think this is a problem that really nightly basis. Nor do they convey the ticular pin on his lapel. Would he mind hopefully the American people realize preciousness of a loved one so sense- sharing with us what that signifies? is not a governmental problem with lessly taken away and the rage that Mr. SNOWBARGER. Again this was a governmental solutions but really does come from the knowledge that it was pin distributed back in my district by require all of us to take a little bit of preventable. the ‘‘Speak Out For Stephanie Founda- a load and some of the responsibility. I Many Members of this body have, tion’’ in honor of Crime Victims’ Week thank the gentleman. over the last several years, become fa- last week, again we were so focused on I see my good friend from Kansas, my miliar with the name Stephanie taxes that last week, I am not sure if neighboring State, is also now in the Schmidt. Her parents, Gene and Peggy, there is any connection here between well. I yield to the gentleman from are constituents of mine and have lob- being victims of crime and talking Kansas [Mr. SNOWBARGER]. bied tirelessly for tougher sentences about taxes, but in any event, we did Mr. SNOWBARGER. Mr. Speaker, if I for sex offenders. not give it the attention we needed to could, I would like to kind of broaden Unfortunately, none of us in this last week, and I felt compelled tonight the discussion a little bit tonight. We body will ever have the pleasure of to raise the issue of the victims of vio- have talked a lot about juvenile crime. knowing Stephanie. Three and a half lent crime and indicate that Congress That is an important part of the dis- years ago a convicted rapist, who had does have a role to play in that. cussion of crime altogether. But I just served half his sentence before Other areas of criminal law, I prefer think it may have escaped our atten- being paroled, kidnapped, raped and to leave to the States. tion. Last week was victims rights murdered the 20 year old college stu- Mr. HULSHOF. If I could prevail week. dent. upon the gentleman a little further, I b 2145 Gene and Peggy, two exceptionally appreciate his comments, and I know Last week was Victims’ Rights Week, courageous people, turned their grief before joining this body that he was a but our memories of the victims of into action by asking all of us to speak leader in the Kansas legislature for a crime should not be restricted to a sin- out for Stephanie, as my lapel pin indi- number of years. gle week of the year, nor should our de- cates. Along with the parents of other What did the State of Kansas do ei- termination to deal appropriately with murdered children, they have asked us ther on crime victim legislation or per- violent criminals be limited to lofty to look more realistically at the prob- haps dealing with juvenile offenders. speeches and tough resolutions. lem of repeat offenders. Mr. SNOWBARGER. I will talk spe- The American people know, and they The Schmidts have proposed a series cifically about juvenile offenders, be- make it clear in survey after survey, of measures that I fully endorse and cause it is amazing to me that Wash- that violent crime is a national crisis. will be working to enact into law. They ington is just now catching on to get And at a time in history when the are designed to extend reach of what tough on juvenile crime laws. We did world was never safer for a democracy, has become known as ‘‘Megan’s Law’’. that in Kansas last year. the streets of our country have become These proposals, which could appro- We often think Washington has the even more dangerous. We have largely priately be called ‘‘Stephanie’s Law’’, answers to all these questions. They do won what President Kennedy called the are as follows: not. A lot of States out there were be- long twilight struggle against Com- First, we should expand the current fore Kansas in submitting and passing munist totalitarianism, but the war law requiring all convicted sex offend- legislation that would again treat juve- against crime goes on in our cities. It ers to register in the state in which nile offenders as adults when they com- is a war we must fight with the same they resides to apply to all violent fel- mit adult crimes, extending the sen- resolve, determination, patience and ony offenders. tences for juveniles, again treating vigor with which we waged the cold Second, the FBI in conjunction with them as adults if they choose to com- war of the last past half century. the Justice Department and the Attor- mit crimes like adults would commit. I feel we should take the same ap- ney General’s office should complete a In the area of victims rights, we proach to crime, particularly juvenile registry of violent felony offenders passed a constitutional amendment to crime, that we have taken to welfare. from all 50 States. Under current law the State constitution that guaranteed Congress should permit the States to the FBI is exploring establishing such certain rights to victims. I know one of experiment with different methods for a list. Congress should require it. We our colleagues from Texas is going to controlling crime rather than impose a should examine the feasibility of dis- be talking about that same kind of pro- one size fits all solution from Washing- seminating information in a central posal for the U.S. Constitution. ton. It would be foolish to believe that registry through avenues such as pub- Again, States are already acting on Congress knows better how to fight lic libraries or perhaps a 900 phone those things, and sometimes I think if crime in Kansas City, Kansas than the number, the proceeds from which could we do not understand that States can city council or the Kansas legislature finance the registry. act more quickly and sometimes in a does. It would be equally foolish to sug- Third, any Federal legislative much more responsive fashion, then we gest that the same crime fighting changes should include a public policy are going to fall into the same trap I strategies are equally effective in Los statements urging States to reform think our colleagues in the past have, Angeles, California, and Lawrence, their laws dealing with licensing thinking Washington is the repository Kansas. boards and agencies. State boards and of all wisdom. However, there are some things that agencies should not feel compelled to Mr. HULSHOF. I appreciate the gen- can and should be done by Washington license or certify any violent felon who tleman, especially for his very elo- to assist the States in fighting crime. is on post release supervision. quent voice, and he is right, last week For example, the Clinton administra- Laws by themselves cannot prevent we were focused on our pocketbooks, tion should be moving more swiftly to crimes nor can anyone law protect all unfortunately. And National Victims’ create a computerized instant check people from the particular crime it ad- Rights Week, while it was something system to prevent criminals are from dresses, but that is no excuse for fail- we celebrated and recognized back in purchasing guns. The White House ing to enact the law when its need is so my home district in Missouri, in fact, promised that such a system would be clear. while we were in session last week I in place long ago, and it is time they I will be asking this Congress to was told that Fred Goldman, who of turned their overheated election year speak out for Stephanie, for other vic- course has become a very vocal advo- rhetoric on this issue into concrete re- tims of violent crime, and for the mil- cate for the rights of victims actually sults. lions of Americans who live daily in came to Missouri to champion and to April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1785 remind us that the system, the crimi- of the accused while isolating the fam- tougher sentencing laws, truth in sen- nal justice system, while it is not per- ily of the victim. The tactic is routine, tencing, so that when that collective fect, is the best system known in mod- it is wrong, and it is a tactic that voice of a jury pronounces a sentence ern civilization. ought not be tolerated any longer in on one they have found guilty, that At the same time that we focus on this country. that sentence, a large percentage of the rights of the accused, certainly we As important as presence in these that sentence, will actually be served. do not want that system to victimize proceedings are, House Joint Resolu- I learned this week, in fact, that a family a second time after having expe- tion 71 guarantees that victims are man that I helped convict of a crime of rienced a very tragic type of crime. heard in these public proceedings. It murder in Missouri 4 short years ago So I appreciate the gentleman join- gives us the opportunity to tell the was up for his first parole hearing this ing us tonight. He mentioned the State prosecution, the judge, the jury, the week. I wish that this was an exception of Texas, and I see my friend from parole board members how our family to the rule, but, unfortunately, this is Texas has joined us, and I would be feels about having a criminal released all too common. happy to yield to him, Mr. BRADY. from custody, often only hours after What has been the gentleman’s expe- Mr. BRADY. Mr. Speaker, I thank they have committed the crime; how rience in Texas? the gentleman from Missouri for yield- appropriate is a plea bargain; how just Mr. BRADY. As a prosecutor, the ing to me. is a sentence; and how safe our families gentleman knows firsthand how frus- I want to follow on the comments of will feel when the killer of a child or trating it is to have that revolving our colleague from Kansas about the the rapist of one’s wife walks free door. And even though the States have week that we just passed and some of again in their neighborhood as a result put tremendous resources into prosecu- the issues that were raised. of some parole board’s action. tion and law enforcement into their During National Crime Victims’ We all agree, clearly, that justice prison systems, expensive prison sys- Rights Week, House Joint Resolution must be sure and must be swift. Unfor- tems, that is still unfortunately a com- 71 was introduced. I am proud to be an tunately, our criminal justice system mon occurrence today. original cosponsor of this proposed con- is rarely either. This measure, House It is devastating to the family, to the stitutional amendment which would Joint Resolution 71, allows victims of victims of these crimes, to have this provide rights for victims of crime, vic- crime to seek relief from unreasonable criminal walk free on the streets after tims of juvenile crime, of State and of delays in criminal proceedings, which such a short time, in some cases where Federal crimes. is a key advantage and benefit to those the trial, in the time it took to receive House Joint Resolution 71 is impor- who are in a situation that they never a sentence, is longer than the sentence tant to me because, as my friends thought imaginable, and hoping that that they actually serve. know, my father was murdered when I the system will work on their behalf b 2200 was young, when I was 12 years old, and often finds themselves years and leaving my mom to raise five of us by years beyond the offense before any It is indefensible within our system. herself. Our family has been through measure of justice is ever served. The good news is I think Congress has the trial, through a conviction, We are also seeking the right for vic- absolutely the will to make these through sentencing, and even though tims to seek restitution for crime vic- changes and I think we have the ability dad’s killer received life in prison with- tims. It permits these families to seek to do so. I appreciate the gentleman’s out parole, like a lot of families we some financial help, to help replace the leadership as President of the Repub- found ourselves before the parole board financial support that literally was lican freshman class in guiding us, in fighting to keep him in prison. Unlike stolen from them. For many families focusing us on issues of quality of life, a lot of families, we succeeded, but these dollars, if they are ever paid, go not just through the economy and only because this killer happened to be for basic needs, like health care for through our society but making sure a little built elderly at the time he their children, clothing, the cost of we have a criminal justice system that committed the crime. higher education. from your experience works as well for House Joint Resolution 71 is impor- We are providing in House Joint Res- the victims as it does for the accused. tant to America because we are a coun- olution 71 the right to know when the Mr. HULSHOF. I thank the gen- try with two classes of citizens, of person who took a child’s life or a fam- tleman for his words. He is exactly those who have been touched by vio- ily member’s life, when they escape right. There is no easy solution to this lent crime and those who someday will from prison, the right to know when very difficult problem. But I think we be. In this House Joint Resolution, in they are proposed for release from pris- can make some strides and provide this constitutional amendment, we on. This is such a commonsense basic some meaningful changes. We have seek to provide some basic rights that, right to have our safety considered begun that, even in the last Congress, with the exception of a few enlightened when determining a release for the giving credit to the 104th Congress that States, are not available today. criminal. did provide that victims receive some We are seeking the right to be in- Finally, in House Joint Resolution restitution from those that took some- cluded in public proceedings; for vic- 71, we want to make sure that victims thing from them, whether it was mone- tims to know in advance the court pro- are made aware of these rights early in tarily or in other ways that sometimes ceedings that affect their case; to have the process so that they can take full money could not replace but at least the simple right to sit in the court- advantage of these basic, basic rights. providing that right of restitution. But room to lend their family support to In closing, we pursue the rights in building on that, even as we did earlier the victim and, in some cases, to the House Joint Resolution 71, the Crime in this Congress with providing the prosecution, which is the same right Victims Constitutional Amendment, so right of allocution of victims to attend that we accord the family of the ac- that someday in the future, somewhere these hearings, these parole hearings cused. in America, when a family finds them- and sentencing hearings and the right The O.J. Simpson trial, which caught selves in a situation they never to be heard at trial, but there is much much of the world’s attention, featured thought could happen to them, that we more to be done. the families of the victims in the are able to give them the one thing I know as the gentleman mentioned, courtroom. That is the exception rath- they most desperately need, which is House Joint Resolution 71 that we will er than the rule. Today, in most justice. be debating in the weeks and months States, clever defense lawyers rou- Mr. HULSHOF. Mr. Speaker, I appre- ahead, that we need to continue to tinely list and identify the family of ciate the gentleman’s joining us and focus on the rights of the innocent. We victims as potential witnesses only to especially for his eloquence in speaking continue to focus, Mr. Speaker, all too ensure that they are kept out of the on behalf of crime victims. I know cer- often, and rightly so in some instances, courtroom as a means to isolate the tainly he raises a number of good the right of those that are accused and victim’s family. points, particularly about parole. certainly those due process rights are It is a cruel courtroom tactic that I know that this body has, on occa- there and they should be there but at features, for the jury’s sake, the family sion, encouraged States to enact the same time we believe and I think H1786 CONGRESSIONAL RECORD — HOUSE April 23, 1997 we have heard tonight very forcefully Ms. KILPATRICK (at the request of Mr. Mr. STARK. spoken by other Republican freshmen GEPHARDT) for today, on account of of- Ms. LOFGREN. Members that the rights of the victims ficial business. Mr. FOGLIETTA. should also be heard as well in court- Mr. SCHIFF (at the request of Mr. Mrs. KENNELLY of Connecticut. rooms across this land. ARMEY) for today and the balance of Ms. SANCHEZ. Mr. Speaker, I see that our time is the week, on account of medical rea- Mr. LANTOS. drawing to a close. As a simple com- sons. Mrs. MEEK of Florida. ment to sort of bring closure to this Mr. TAYLOR of North Carolina (at the Mr. DICKS. discussion, the Founding Fathers rec- request of Mr. ARMEY) for today, on ac- (The following Members (at the re- ognized that each of us has been given count of weather-related transpor- quest of Mr. SUNUNU) and to include ex- a God-given right, the right to life and tation problems. traneous matter:) to liberty and to the pursuit of happi- Mr. HOEKSTRA (at the request of Mr. Mr. SMITH of New Jersey. ness. Violent acts that are committed ARMEY) for today, on account of illness Mr. SOLOMON. by unrepentant criminals directly vio- in the family. Mr. FRELINGHUYSEN. late these God-given inalienable rights. f Mr. FORBES. I think it is good of us to take a mo- Mr. HAMILTON. SPECIAL ORDERS GRANTED ment as we did in this last week to Mr. ROGAN. focus on the innocent victims of crime By unanimous consent, permission to Mr. BEREUTER. and I think we need to continue to address the House, following the legis- Mr. MCINTOSH. speak out not just tonight in a special lative program and any special orders Mr. HYDE. order but we need to speak out all heretofore entered, was granted to: Mr. DUNCAN. across this country and not just those (The following Members (at the re- Mr. GILMAN, in two instances. of us in this body or not just those quest of Mr. SUNUNU) to revise and ex- Mr. HORN. back in State legislatures or State sen- tend their remarks and include extra- (The following Members (at the re- ate chambers, or not only in the Gov- neous material:) quest of Mr. HULSHOF) and to include ernor’s mansions around this country Mr. GOSS, for 5 minutes, on April 24. extraneous matter:) but I think it is incumbent on each of Mrs. KELLY, for 5 minutes, today. Mr. FLAKE. us to do our part, whether it is part of Mr. METCALF, for 5 minutes, today. Mr. UPTON. a neighborhood watch program or Mr. JONES, for 5 minutes, on April 24. Mrs. EMERSON. whether it is marching for the victims (The following Members (at the re- Mr. PACKARD. of crime, for their rights, or in any of quest of Ms. JACKSON-LEE of Texas) to Ms. SANCHEZ. these volunteer organizations that we revise and extend their remarks and in- Mr. DREIER. talked about tonight, whatever we can clude extraneous material:) Mr. CASTLE. do to help promote and restore the fab- Mr. LEWIS of Georgia, for 5 minutes, Mr. SHERMAN. ric of our society and our community. today. It is a problem that there is no easy Mr. POMEROY, for 5 minutes, today. f answer to but one that I think we need (The following Member (at his own to continually focus on. request) to revise and extend his re- BILL PRESENTED TO THE Again I thank the Speaker for allow- marks and include extraneous mate- PRESIDENT ing us, the 32 Members on the GOP side rial:) Mr. THOMAS, from the Committee of this body, to bring to light this prob- Mr. HUNTER, for 5 minutes, today. on House Oversight, reported that that lem and some solutions that have f committee did on the following date worked. EXTENSION OF REMARKS present to the President, for his ap- f proval, a bill of the House of the fol- By unanimous consent, permission to lowing title: LEAVE OF ABSENCE revise and extend remarks was granted On April 18, 1997: By unanimous consent, leave of ab- to: H.R. 1003. An act to clarify Federal law sence was granted to: (The following Members (at the re- with respect to restricting the use of Federal Ms. VELA´ ZQUEZ (at the request of Mr. quest of Ms. JACKSON-LEE of Texas) and funds in support of assisted suicide. GEPHARDT) for today, on account of to include extraneous matter:) f family illness. Mr. WEYGAND. Mr. DEUTSCH (at the request of Mr. Mr. MANTON. ADJOURNMENT GEPHARDT) for today, on account of Mr. MOAKLEY. personal business. Mr. FRANK of Massachusetts. Mr. HULSHOF. Mr. Speaker, I move Mr. YATES (at the request of Mr. GEP- Mr. HAMILTON. that the House do now adjourn. HARDT) for today, on account of back Mr. DAVIS of Illinois. The motion was agreed to; accord- pain. Mr. KUCINICH. ingly (at 10 o’clock and 5 minutes Mr. RUSH (at the request of Mr. GEP- Mr. KLECZKA. p.m.), the House adjourned until to- HARDT) for today, on account of per- Ms. FURSE. morrow, Thursday, April 24, 1997, at 10 sonal business. Mr. ACKERMAN. a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized by various committees, House of Representatives, during the 1st quarter of 1997, a consolidated report of foreign currencies and U.S. dollars utilized for Speaker authorized trips during the 4th quarter of 1996 and 1st quarter of 1997, pursuant to Public Law 95–384, as well as reports concerning the foreign currencies and U.S. dollars utilized by various miscellaneous groups in connection with official foreign travel during the calendar year 1996 and the 1st quarter of 1997, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

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

Hon. F. James Sensenbrenner ...... 2/16 2/24 Germany ...... 496.00 ...... 4,508.05 ...... 1,078.17 ...... 6,082.22 ...... Russia ...... 690.00 ...... 690.00 ...... France ...... 648.00 ...... 648.00 April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1787 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997—Continued

Hon. Dana Rohrabacher ...... 2/16 2/24 Germany ...... 496.00 ...... 4,508.05 ...... 5,004.05 ...... Russia ...... 690.00 ...... 690.00 ...... France ...... 648.00 ...... 648.00 Hon. Dave Weldon ...... 2/16 2/21 Germany ...... 496.00 ...... 4,771.45 ...... 5,267.45 ...... Russia ...... 690.00 ...... 690.00 ...... France ...... 324.00 ...... 324.00 Todd R. Schultz ...... 2/16 2/24 Germany ...... 496.00 ...... 4,508.05 ...... 5,004.05 ...... Russia ...... 690.00 ...... 690.00 ...... France ...... 648.00 ...... 648.00 Richard Obermann ...... 2/16 2/24 Germany ...... 496.00 ...... 4,508.05 ...... 5,004.05 ...... Russia ...... 690.00 ...... 690.00 ...... France ...... 648.00 ...... 648.00 Committee total ...... 8,846.00 ...... 22,803.65 ...... 1,078.17 ...... 32,727.82 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Chairman, Apr. 10, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Philip Eskeland ...... 2/19 2/23 Belgium ...... 921.00 ...... 921.00 Commercial airfare ...... 498.18 ...... 498.18 Committee total ...... 921.00 ...... 498.18 ...... 1,419.18 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES TALENT, Chairman, Apr. 7, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Hon. John S. Tanner ...... 3/25 3/28 Estonia ...... 612.00 ...... (3) ...... 612.00 3/28 3/29 Latvia ...... 245.00 ...... (3) ...... 245.00 3/29 3/31 Poland ...... 422.00 ...... (3) ...... 422.00 3/31 4/2 Poland ...... 526.00 ...... (3) ...... 526.00 4/2 4/4 Czech Republic ...... 564.00 ...... (3) ...... 564.00 Hon. Mac Collins ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Committee total ...... 4,285.00 ...... 4,285.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL ARCHER, Chairman, Apr. 10, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE UNITED KINGDOM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 16 AND DEC. 18, 1996

Hon. David McIntosh ...... 12/13 1/1 United Kingdom ...... Hon. Mark Foley ...... 12/15 12/20 United Kingdom ...... 1,061.45 ...... 1,061.45 Hon. Lindsey Graham ...... 12/16 12/18 United Kingdom ...... 4,266.45 ...... 4,266.45 Hon. Bob Barr ...... 12/16 12/19 United Kingdom ...... 5,038.56 ...... 5,038.56 John Steele ...... 12/15 12/23 United Kingdom ...... Committee total ...... 10,366.46 ...... 10,366.46 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAVID McINTOSH, Jan. 17, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE UNITED KINGDOM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 16 AND DEC. 21, 1996

Hon. Scott Klug ...... 12/16 12/21 United Kingdom ...... 885.75 ...... Hon. Jay Dickey ...... 12/16 12/20 United Kingdom ...... 5,603.75 ...... Joyce Yamat ...... 12/16 12/21 United Kingdom ...... 599.75 ...... Committee total ...... 7,089.25 ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SCOTT KLUG, Jan. 14, 1997. H1788 CONGRESSIONAL RECORD — HOUSE April 23, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BANGKOK, INDONESIA, AND HONG KONG, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 9 AND JAN. 17, 1997

Hon. Frank R. Wolf ...... 1/9 United States ...... 5,096.57 ...... 5,096.57 1/11 1/11 Thailand ...... 115.00 ...... 115.00 1/12 1/16 Indonesia ...... 1,081.00 ...... 1/16 1/17 Hong Kong ...... 394.00 ...... 1/17 ...... United States ...... 3 ¥489.00 ...... 986.00 Charles E. White ...... 1/9 United States ...... 5,096.57 ...... 5,096.57 1/11 1/11 Thailand ...... 115.00 ...... 115.00 1/12 1/16 Indonesia ...... 1,081.00 ...... 1/16 1/17 Hong Kong ...... 394.00 ...... 1/17 ...... United States ...... 3 ¥280.00 ...... 1,195.00 Committee total ...... 2,181.00 ...... 10,193.14 ...... 230.00 ...... 12,604.14 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Unused per diem returned to the State Department. FRANK R. WOLF, ———. ——, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO JAPAN AND CHINA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 8 AND JAN. 17, 1997

Hon. Jim Kolbe ...... 1/9 1/10 Japan ...... (3) ...... Hon. Cliff Stearns ...... 1/9 1/10 Japan ...... (3) ...... Hon. Nathan Deal ...... 1/9 1/10 Japan ...... (3) ...... Hon. James Greenwood ...... 1/9 1/10 Japan ...... (3) ...... Hon. Ron Lewis ...... 1/9 1/10 Japan ...... (3) ...... Hon. Thomas Davis ...... 1/9 1/10 Japan ...... (3) ...... Hon. Robert Ehrlich ...... 1/9 1/10 Japan ...... (3) ...... Hon. Mark Foley ...... 1/9 1/10 Japan ...... (3) ...... Hon. Sue Kelly ...... 1/9 1/10 Japan ...... (3) ...... Hon. Robert Ney ...... 1/9 1/10 Japan ...... (3) ...... Hon. John LaFalce ...... 1/9 1/10 Japan ...... (3) ...... Hon. Barbara Kennelly ...... 1/9 1/10 Japan ...... (3) ...... Hon. Sander Levin ...... 1/9 1/10 Japan ...... (3) ...... Hon. Louise Slaughter ...... 1/9 1/10 Japan ...... (3) ...... Hon. Collin Peterson ...... 1/9 1/10 Japan ...... (3) ...... Hon. Stanford Bishop ...... 1/9 1/10 Japan ...... (3) ...... Hon. Pat Danner ...... 1/9 1/10 Japan ...... (3) ...... Hon. Alcee Hastings ...... 1/9 1/10 Japan ...... (3) ...... Hon. Tim Holden ...... 1/9 1/10 Japan ...... (3) ...... Hon. Paul McHale ...... 1/9 1/10 Japan ...... (3) ...... Hon. Cynthia McKinney ...... 1/9 1/10 Japan ...... (3) ...... Everett Eisenstatt ...... 1/9 1/10 Japan ...... (3) ...... Angela Ellard ...... 1/9 1/10 Japan ...... (3) ...... Robert Hathaway ...... 1/9 1/10 Japan ...... (3) ...... Gregory Van Tatenhoue ...... 1/9 1/10 Japan ...... (3) ...... Hon. Xavier Becerra ...... 1/9 1/10 Japan ...... (3) ...... Hon. Jim Kolbe ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Cliff Stearns ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Nathan Deal ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. James Greenwood ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Ron Lewis ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Thomas Davis ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Robert Ehrlich ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Mark Foley ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Sue Kelly ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Robert Ney ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. John LaFalce ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Barabra Kennelly ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Sander Levin ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Louis Slaughter ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Collin Peterson ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Stanford Bishop ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Pat Danner ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Alice Hastings ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Tim Holden ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Paul McHale ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Cynthia McKinney ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Everett Eisenstatt ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Angela Ellard ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Robert Hathaway ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Gregory Van Tatenhoue ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Xavier Becerra ...... 1/10 1/12 Hong Kong ...... 788.00 ...... (3) ...... 788.00 Hon. Jim Kolbe ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Cliff Stearns ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Nathan Deal ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. James Greenwood ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Ron Lewis ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Thomas Davis ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Robert Ehrlich ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Mark Foley ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Sue Kelly ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Robert Ney ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. John LaFalce ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Barbara Kennelly ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Sander Levin ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Louis Slaughter ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Collin Peterson ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Stanford Bishop ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Pat Danner ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Alcee Hastings ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Tim Holden ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Paul McHale ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Cynthia McKinney ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Everett Eisenstatt ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1789 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO JAPAN AND CHINA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 8 AND JAN. 17, 1997— Continued

Hon. Angela Ellard ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Robert Hathaway ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Gregory Van Tatenhoue ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Xavier Becerra ...... 1/12 1/15 Beijing, China ...... 702.00 ...... (3) ...... 702.00 Hon. Jim Kolbe ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Cliff Stearns ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Nathan Deal ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. James Greenwood ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Ron Lewis ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Thomas Davis ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Robert Ehrlich ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Mark Foley ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Sue Kelly ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Robert Ney ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. John LaFalce ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Barbara Kennelly ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Sander Levin ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Louise Slaughter ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Collin Peterson ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Sanford Bishop ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Pat Danner ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Alcee Hastings ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Tim Holden ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Paul McHale ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Cynthia McKinney ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Everett Eisentatt ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Angela Ellard ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Robert Hathaway ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Gregory Van Tatenhove ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Xavier Becerra ...... 1/15 1/16 Xian, China ...... 169.00 ...... (3) ...... 169.00 Hon. Jim Kolbe ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Cliff Stearns ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Nathan Deal ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. James Greenwood ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Ron Lewis ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Thomas Davis ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Robert Ehrlich ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Mark Foley ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Sue Kelly ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Robert Ney ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. John LaFalce ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Barbara Kennelly ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Sander Levin ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Louis Slaughter ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Collin Peterson ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Stanford Bishop ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Pat Danner ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Alcee Hastings ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Tim Holden ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Cynthia McKinney ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Everett Eisenstatt ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Angela Ellard ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Robert Hathaway ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Gregory Van Tatenhove ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Hon. Xavier Becerra ...... 1/16 1/18 Shanghai, China ...... 552.00 ...... (3) ...... 552.00 Committee total ...... 57,486.00 ...... 57,486.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JIM KOLBE, Feb. 13, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE EUROPEAN PARLIAMENT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 14 AND FEB. 23, 1997

Hon. Benjamin A. Gilman ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Tom Lantos ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Ileana Ros-Lehtinen ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Michael McNulty ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Jim Moran ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Pat Danner ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Lincoln Diaz-Balart ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 H1790 CONGRESSIONAL RECORD — HOUSE April 23, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE EUROPEAN PARLIAMENT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 14 AND FEB. 23, 1997—Continued

2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Sue Myrick ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Robert W. Ney ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Hon. Sheila Jackson-Lee ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 David Jung ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Laura Rush ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Paker Brent ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Robert King ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 2/21 2/23 Belgium ...... 614.00 ...... 614.00 Peter Davidson ...... 2/14 2/15 Ireland ...... 543.00 ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... 1,002.00 2/18 2/20 Germany ...... 530.00 ...... 530.00 2/20 2/21 France ...... 263.00 ...... 263.00 Committee total ...... 43,666.00 ...... 43,666.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BEN GILMAN.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ITALY AND GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 17 AND FEB. 20, 1997

David V. Marventano ...... 2/17 2/18 Italy ...... 400,510 242.00 ...... (3) ...... 400,510 242.00 2/18 2/20 Germany ...... 900.90 546.00 ...... (3) ...... 900.90 546.00 Kerry Knott ...... 2/17 2/18 Italy ...... 400,510 242.00 ...... (3) ...... 400,510 242.00 2/18 2/20 Germany ...... 900.90 546.00 ...... (3) ...... 900.90 546.00 Committee total ...... $1,576.00 ...... 1,576.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. ——— ———, March 18, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO CANADA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 8 AND JAN. 11, 1997

Robert W. Van Wicklin ...... 1/8 1/11 Canada ...... 1,139.40 844.00 ...... 1,062.70 ...... 1,139.40 1,906.70 Committee total ...... 844.00 ...... 1,062.70 ...... 1,906.70 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ——— ———, Jan. 29, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO FRANCE AND SWITZERLAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 26 AND FEB. 3, 1997

Gardner G. Peckham ...... 1/26 1/30 France ...... 7,128 1,296.00 ...... 7,128 1,296.00 1/30 2/3 Switzerland ...... 705.00 ...... 705.00 Commercial airfare ...... 3,206.05 ...... 3,206.05 ...... 3 75.00 Committee total ...... 1 Per diem constitutes lodging and meals. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1791 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Unused per diem returned. GARDNER G. PECKHAM, Mar. 16, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SWITZERLAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 11 AND FEB. 17, 1997

Monica Azare ...... 2/11 2/17 Switzerland ...... 1,950.47 ...... 1,950.47 Committee total ...... 1,950.47 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MONICA AZARE, Mar. 19, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE NORTH ATLANTIC ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 15 AND FEB. 23, 1997

Hon. Gerald Solomon ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Hon. Tom Bliley ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Hon. Porter Goss ...... 2/15 2/17 Belgium ...... 684.00 ...... 2/17 2/19 France ...... 508.00 ...... 2/19 2/21 Ukraine ...... 644.00 ...... 2/21 2/23 Belgium ...... 579.00 ...... 2,415.00 Hon. Paul Gillmor ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/19 2/23 Belgium ...... 614.00 ...... 2,740.00 Hon. Scott McInnis ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Hon. Owen Pickett ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 John Herzberg ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Jo Weber ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Mark Gage ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Ed Timperlake ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Linda Pedigo ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Ron Lasch ...... 2/15 2/17 Belgium ...... 759.00 ...... 2/17 2/19 France ...... 548.00 ...... 2/19 2/21 Ukraine ...... 819.00 ...... 2/21 2/23 Belgium ...... 614.00 ...... 2,740.00 Committee total ...... 32,555.00 ...... 32,555.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ——— ———, Apr. 20, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE CANADA-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1997

Hon. Pat Danner ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. E. (Kika) De la Garza ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. David Dreier ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. Victor Frazer ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. Sam Gibbons ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. Amo Houghton (Co-Chair) ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. Harry Johnston ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. James Oberstar ...... 5/10 5/14 United States ...... 821.01 ...... (3) ...... 821.01 Hon. Collin Peterson ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Hon. Robert Underwood ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Hon. Fred Upton ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Tracy Hart ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Ken Nelson ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Frank Record ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Bob Van Wicklin ...... 5/10 5/14 United States ...... 821.00 ...... (3) ...... 821.00 Delegation Expenses: Miscellaneous ...... 4,055.74 ...... 4,055.74 H1792 CONGRESSIONAL RECORD — HOUSE April 23, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE CANADA-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1997—Continued

Representational ...... 15,697.11 ...... 15,697.11

Committee total ...... 11,494.07 ...... (3) ...... 19,752.85 ...... 31,246.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. AMO HOUGHTON, Apr. 4, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRITISH-AMERICAN PARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1996

Delegation Expenses: Transportation—Ground ...... 3,618.65 ...... 3,618.65 Representational ...... 31,642.12 ...... 31,642.12 Committee total ...... 35,260.77 ...... 35,260.77 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h DOUGLAS BEREUTER, Mar. 20, 1997

EXECUTIVE COMMUNICATIONS, Finding and Recommendations,’’ pursuant to the Administration’s final rule—Fisheries of ETC. 42 U.S.C. 10268; to the Committee on Com- the Exclusive Economic Zone Off Alaska; Pa- merce. cific Ocean Perch in the Aleutian Islands Under clause 2 of rule XXIV, execu- 2938. A letter from the Chairman, Securi- Subarea [Docket No. 961107312–7021–02; I.D. tive communications were taken from ties and Exchange Commission, transmitting 041197B] received April 21, 1997, pursuant to 5 the Speaker’s table and referred as fol- the Commission’s report on the practice of U.S.C. 801(a)(1)(A); to the Committee on Re- lows: preferencing, pursuant to section 510(c) of sources. 2946. A letter from the Assistant Adminis- 2931. A letter from the Administrator, Ag- the National Securities Markets Improve- trator for Fisheries, National Oceanic and ricultural Market Service, transmitting the ment Act of 1996; to the Committee on Com- Atmospheric Administration, transmitting Service’s final rule—Egg, Poultry, and Rab- merce. the Administration’s final rule—Fisheries off bit Grading Increase in Fees and Charges 2939. A letter from the President, Inter- American Foundation, transmitting the fis- West Coast States and in the Western Pa- [Docket No. PY–97–001] received April 18, cific; Northern Anchovy Fishery [Docket No. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the cal year 1996 audited financial statements, pursuant to 22 U.S.C. 283j-1(c); to the Com- 960614176–7081–02; I.D. 030797A] (RIN: 0648– Committee on Agriculture. AI19) received April 21, 1997, pursuant to 5 2932. A letter from the Under Secretary of mittee on International Relations. U.S.C. 801(a)(1)(A); to the Committee on Re- Defense, transmitting a report of a violation 2940. A letter from the Chairman, Commis- sources. of the Anti-Deficiency Act, pursuant to 31 sion for the Preservation of America’s Herit- age Abroad, transmitting the Commission’s 2947. A letter from the Commissioner, Im- U.S.C. 1517(b); to the Committee on Appro- migration and Naturalization Service, trans- annual report, 1997, pursuant to 16 U.S.C. priations. mitting the Service’s final rule—Establish- 469j(h); to the Committee on International 2933. A letter from the Assistant Secretary ment of Pre-enrolled Access Lane (PAL) Pro- Relations. for Reserve Affairs, Department of Defense, gram at Immigration and Naturalization 2941. A letter from the Secretary of De- transmitting the Department’s interim re- Service Checkpoints [INS No. 1830–97] (RIN: fense, transmitting the Department’s report port pursuant to section 1234 of the National 1115–AE80) received April 21, 1997, pursuant pursuant to section 1432 of the National De- Defense Authorization Act for fiscal year to 5 U.S.C. 801(a)(1)(A); to the Committee on fense Authorization Act for fiscal year 1997; 1997; to the Committee on National Security. the Judiciary. 2934. A letter from the Assistant Secretary to the Committee on International Rela- 2948. A letter from the General Counsel, for Reserve Affairs, Department of Defense, tions. Department of Transportation, transmitting transmitting the Department’s report pursu- 2942. A letter from the Attorney General of the Department’s final rule—Hazardous Ma- ant to section 1233 of the National Defense the United States, transmitting the Federal terials: Harmonization with the United Na- Authorization Act for fiscal year 1997; to the Prison Industries, Inc. annual management tions Recommendations, International Mari- Committee on National Security. report for fiscal year 1996, pursuant to 31 time Dangerous Goods Code, and Inter- 2935. A letter from the General Counsel, U.S.C. 9106; to the Committee on Govern- national Civil Aviation Organization’s Tech- Department of the Treasury, transmitting a ment Reform and Oversight. nical Instructions (Research and Special draft of proposed legislation to authorize the 2943. A letter from the Executive Director, Programs Administration) [Docket No. HM– U.S. participation in an increase in author- Committee for Purchase From People Who 215B; Amdt. Nos. 171–153, 172–152, 173–261, 175– ized capital stock of the European Bank for Are Blind or Severely Disabled, transmitting 86, 176–43, 178–119] (RIN: 2137–AC82) received Reconstruction and Development, and to au- the Committee’s final rule—Additions to the April 21, 1997, pursuant to 5 U.S.C. thorize appropriations to pay for the in- Procurement List [I.D. 97–009] received April 801(a)(1)(A); to the Committee on Transpor- crease in the U.S. subscription; to the Com- 21, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. mittee on Banking and Financial Services. the Committee on Government Reform and 2949. A letter from the Chairman, Inter- 2936. A letter from the Assistant Secretary Oversight. agency Coordinating Committee on Oil Pol- for Pension and Welfare Benefits, Depart- 2944. A letter from the Director, Office of lution Research, U.S. Coast Guard, transmit- ment of Labor, transmitting the Depart- Sustainable Fisheries, National Oceanic and ting the Department’s oil pollution research ment’s ‘‘Major’’ final rule—Interim Rules for Atmospheric Administration, transmitting and technology plan, pursuant to Public Law Health Insurance Portability for Group the Administration’s final rule—Fisheries of 101–380, section 7001(b)(2)(B) (104 Stat. 560); to Health Plans (Pension and Welfare Benefits the Exclusive Economic Zone Off Alaska, Pa- the Committee on Science. Administration) (RIN: 1210–AA54) received cific Cod in the Central Regulatory Area of 2950. A letter from the Chief, Regulations April 10, 1997, pursuant to 5 U.S.C. the Gulf of Alaska [Docket No. 961126334– Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Education 7025–02; I.D. 041197C] received April 21, 1997, the Service’s ‘‘Major’’ final rule—Interim and the Workforce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Rules for Health Insurance Portability for 2937. A letter from the Nuclear Waste mittee on Resources. Group Health Plans [TD 8716] (RIN: 1545– Technical Review Board, transmitting the 2945. A letter from the Director, Office of AV05) received April 14, 1997, pursuant to 5 Board’s report entitled ‘‘Report to the U.S. Sustainable Fisheries, National Oceanic and U.S.C. 801(a)(1)(A); to the Committee on Congress and the Secretary of Energy—1996 Atmospheric Administration, transmitting Ways and Means. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1793 2951. A letter from the Chief, Regulations sideration of the bill (H.R. 1271) to authorize awarded to members of the Armed Forces, Unit, Internal Revenue Service, transmitting the Federal Aviation Administration’s re- and for other purposes; to the Committee on the Service’s final rule—Organizations Orga- search, engineering, and development pro- National Security. nized and Operated for Religious, Charitable, grams for fiscal years 1998 through 2000, and By Mr. STUMP (for himself and Mr. Scientific, Testing for Public Safety, Lit- for other purposes (Rept. 105–70). Referred to EVANS): erary or Educational Purposes, or for the the House Calendar. H.R. 1408. A bill to amend the Internal Rev- Prevention of Cruelty to Children or Ani- Mr. DIAZ-BALART: Committee on Rules. enue Code of 1986 to provide that the statute mals [Rev. Rul. 97–21] received April 18, 1997, House Resolution 126. Resolution providing of limitations shall not bar a claim for credit pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for consideration of the bill (H.R. 1273) to au- or refund based on a retroactive determina- mittee on Ways and Means. thorize appropriations for fiscal years 1998 tion of an entitlement to receive military 2952. A letter from the Chief, Regulations and 1999 for the National Science Founda- disability benefits; to the Committee on Unit, Internal Revenue Service, transmitting tion, and for other purposes (Rept. 105–71). Ways and Means. the Service’s final rule—Method of Valuing Referred to the House Calendar. H.R. 1409. A bill to amend the Internal Rev- Farm Real Property [Rev. Rul. 97–13] re- Mr. DIAZ-BALART: Committee on Rules. enue Code of 1986 to clarify the exclusion ceived April 21, 1997, pursuant to 5 U.S.C. House Resolution 127. Resolution providing from gross income for veterans’ benefits; to 801(a)(1)(A); to the Committee on Ways and for consideration of the bill (H.R. 1274) to au- the Committee on Ways and Means. Means. thorize appropriations for the National Insti- By Mr. BARR of Georgia (for himself, 2953. A letter from the Chief, Regulations tute of Standards and Technology for fiscal Mr. SOLOMON, Mr. LATOURETTE, Mr. Unit, Internal Revenue Service, transmitting years 1998 and 1999, and for other purposes BACHUS, Mr. NEY, Mr. EHRLICH, Mr. the Service’s final rule—Determination of (Rept. 105–72). Referred to the House Cal- SESSIONS, Mr. JONES, Mrs. Issue Price in the Case of Certain Debt In- endar. CHENOWETH, Mr. FOX of Pennsylva- struments Issued for Property [Rev. Rul. 97– Mr. MCINNIS: Committee on Rules. House nia, Mr. COBLE, Mr. CHABOT, Mr. GRA- 19] received April 21, 1997, pursuant to 5 Resolution 128. Resolution providing for con- HAM, Mr. GUTKNECHT, and Mr. U.S.C. 801(a)(1)(A); to the Committee on sideration of the bill (H.R. 1275) to authorize CHAMBLISS): Ways and Means. appropriations for the National Aeronautics H.R. 1410. A bill to amend the Internal Rev- 2954. A letter from the Chief of Staff, So- and Space Administration for fiscal years enue Code of 1986 to provide for a nonrefund- cial Security Administration, transmitting 1998 and 1999, and for other purposes (Rept. able tax credit for law enforcement officers the Administration’s final rule—Federal Old- 105–73). Referred to the House Calendar. who purchase armor vests, and for other pur- Age, Survivors and Disability Insurance; Re- poses; to the Committee on Ways and Means. f port of Earnings under the Social Security By Mr. BURR of North Carolina (for Earnings Test [Regulations No. 4] (RIN: 0960– REPORTED BILLS SEQUENTIALLY himself, Mr. GREENWOOD, Mr. BARTON AE44) received April 18, 1997, pursuant to 5 REFERRED of Texas, Mr. KLUG, Mr. COBURN, and U.S.C. 801(a)(1)(A); to the Committee on Mr. DEAL of Georgia): Ways and Means. Under clause 5 of rule X, bills and re- H.R. 1411. A bill to amend the Federal 2955. A letter from the Director, Adminis- ports were delivered to the Clerk for Food, Drug, and Cosmetic Act and the Public tration and Management, Department of De- printing, and bills referred as follows: Health Service Act to facilitate the develop- fense, transmitting the Department’s final ment and approval of new drugs and biologi- rule—Military Recruiting and Reserve Offi- [Pursuant to the order of the House on April 21, cal products, and for other purposes; to the cer Training Corps Program Access to Insti- 1997 the following report was filed on April 22, Committee on Commerce. tutions of Higher Education (RIN: 0790–AG42) 1997] By Mr. DUNCAN: received April 8, 1997, pursuant to 5 U.S.C. Mr. SENSENBRENNER: Committee on H.R. 1412. A bill to amend the Internal Rev- 801(a)(1)(A); jointly, to the Committees on Science. H.R. 1277. A bill to authorize appro- enue Code of 1986 to require that envelopes National Security and Appropriations. priations for fiscal year 1998 and fiscal year provided by the Internal Revenue Service 2956. A letter from the Administrator, Pan- 1999 for the civilian research, development, with the instructions for filing income tax ama Canal Commission, transmitting a draft demonstration, and commercial application returns be postage paid envelopes; to the of proposed legislation to amend the Panama activities of the Department of Energy, and Committee on Ways and Means. Canal Act of 1979, and for other purposes; for other purposes, with an amendment; re- By Mr. FRELINGHUYSEN (for himself, jointly, to the Committees on National Secu- ferred to the Committee on Commerce for a Mr. PALLONE, Mr. SMITH of New Jer- rity, Government Reform and Oversight, and period ending not later than June 6, 1997, for sey, Mr. FRANKS of New Jersey, Mr. the Judiciary. consideration of such provisions of the bill PAYNE, Mr. PAPPAS, Mr. ROTHMAN, f and amendment as fall within the jurisdic- and Mr. PASCRELL): tion of that committee pursuant to clause H.R. 1413. A bill to provide for expanded re- REPORTS OF COMMITTEES ON 1(e), rule X (Rept. 105–67, Pt. 1). Ordered to be search concerning the environmental and ge- PUBLIC BILLS AND RESOLUTIONS printed. netic susceptibilities for breast cancer; to the Committee on Commerce, and in addi- f Under clause 2 of rule XIII, reports of tion to the Committee on National Security, committees were delivered to the Clerk TIME LIMITATION OF REFERRED for a period to be subsequently determined for printing and reference to the proper BILL by the Speaker, in each case for consider- calendar, as follows: ation of such provisions as fall within the ju- Pursuant to clause 5 of rule X, the risdiction of the committee concerned. [Pursuant to the order of the House on April 21, following action was taken by the By Mr. GILMAN (for himself and Mr. 1997 the following report was filed on April 22, Speaker: HINCHEY): 1997] H.R. 1414. A bill to recognize the organiza- Mr. SENSENBRENNER: Committee on [The following action occurred on April 22, 1997] tion known as the Ukrainian-American Vet- Science. H.R. 1278. A bill to authorize appro- H.R. 1278. Referral to the Committee on erans, Inc.; to the Committee on the Judici- priations for the activities of the National Resources extended for a period ending not ary. Oceanic and Atmospheric Administration for later than June 20, 1997. By Mr. NORWOOD (for himself, Mr. fiscal years 1998 and 1999, and for other pur- f BACHUS, Mr. BAKER, Mr. BARCIA of poses; with an amendment (Rept. 105–66 Pt. Michigan, Mr. BARR of Georgia, Mr. 1). Ordered to be printed. PUBLIC BILLS AND RESOLUTIONS BARRETT of Wisconsin, Mr. BISHOP, [Submitted April 23, 1997] Under clause 5 of rule X and clause 4 Mr. BROWN of Ohio, Mr. CANADY of Mr. YOUNG of Alaska: Committee on Re- of rule XXII, public bills and resolu- Florida, Mr. CHAMBLISS, Mr. COBLE, Mr. COBURN, Mr. COMBEST, Mr. sources. H.R. 449. A bill to provide for the or- tions were introduced and severally re- derly disposal of certain Federal lands in COOKSEY, Mr. CRAMER, Mr. DAVIS of Clark County, NV, and to provide for the ac- ferred as follows: Illinois, Mr. DAVIS of Virginia, Mr. quisition of environmentally sensitive lands By Mr. STUMP (for himself and Mr. DEAL of Georgia, Mr. DEFAZIO, Mr. in the State of Nevada; with an amendment EVANS) (both by request): DICKEY, Mr. DUNCAN, Mr. FILNER, Mr. (Rept. 105–68). Referred to the Committee of H.R. 1406. A bill to provide that the Dis- FOLEY, Mr. FOX of Pennsylvania, Mr. the Whole House on the State of the Union. abled American Veterans corporation may FROST, Mr. GILMAN, Mr. GRAHAM, Mr. Mr. YOUNG of Alaska: Committee on Re- sue or be sued in the Federal courts; to the HALL of Ohio, Mr. HILLEARY, Mr. sources. House Concurrent Resolution 8. Res- Committee on the Judiciary. HILLIARD, Mr. HINCHEY, Mr. JENKINS, olution expressing the sense of Congress with By Mr. STUMP (for himself, Mr. Mrs. KELLY, Mr. KENNEDY of Rhode respect to the significance of maintaining SPENCE, Mr. DAVIS of Virginia, Mr. Island, Mr. KIND of Wisconsin, Mr. the health and stability of coral reef FARR of California, Mr. RIGGS, Mr. LAHOOD, Mr. LEWIS of Kentucky, Mr. ecosystems; with amendments (Rept. 105–69). GOODE, and Mr. HILL): LINDER, Mr. LIVINGSTON, Mrs. Referred to the House Calendar. H.R. 1407. A bill to amend title 10, United MALONEY of New York, Mr. MCHALE, Mr. LINDER: Committee on Rules. House States Code, to provide that the decoration Mr. MCHUGH, Mrs. MORELLA, Mrs. Resolution 125. Resolution providing for con- known as the Purple Heart may only be MYRICK, Mr. NETHERCUTT, Mr. H1794 CONGRESSIONAL RECORD — HOUSE April 23, 1997

PALLONE, Mr. PICKERING, Mr. RAN- H.R. 1420. A bill to amend the National JEFFERSON, Mr. TORRES, Mr. ABER- GEL, Mr. RIGGS, Mrs. ROUKEMA, Mr. Wildlife Refuge System Administration Act CROMBIE, Mr. DAVIS of Illinois, Mr. SANDERS, Mr. SCARBOROUGH, Mr. SEN- of 1966 to improve the management of the ANDREWS, Mr. DELLUMS, Ms. RIVERS, SENBRENNER, Mr. SHADEGG, Mr. SOLO- National Wildlife Refuge System, and for Mr. LEVIN, Mr. MCGOVERN, Mr. MON, Mr. SPENCE, Mr. STRICKLAND, other purposes; to the Committee on Re- BROWN of Ohio, Mrs. MALONEY of New Mr. TOWNS, Mr. WALSH, Mr. WICKER, sources. York, Mr. NADLER, Mr. CAPPS, Mr. Mr. WISE, Ms. WOOLSEY, Mr. By Mr. NUSSLE (for himself and Mr. LEWIS of Georgia, Mrs. TAUSCHER, WEYGAND, Mr. CHRISTENSEN, Mr. COL- STARK): Ms. DEGETTE, and Mr. YOUNG of Alas- LINS, and Mr. WAMP): H.R. 1421. A bill to amend title XVIII of the ka) H.R. 1415. A bill to amend the Public Social Security Act to apply standards to H.R. 1427. A bill to assist in implementing Health Service Act and the Employee Retire- outpatient physical therapy provided as an the plan of action adopted by the World ment Income Security Act of 1974 to estab- incident to a physician’s professional serv- Summit for Children; to the Committee on lish standards for relationships between ices; to the Committee on Commerce, and in International Relations. group health plans and health insurance is- addition to the Committee on Ways and By Mr. MOAKLEY (for himself, Mr. suers with enrollees, health professionals, Means, for a period to be subsequently deter- SOLOMON, Mr. ABERCROMBIE, Mr. and providers; to the Committee on Com- mined by the Speaker, in each case for con- OBEY, Mr. MURTHA, Mr. MCGOVERN, merce, and in addition to the Committee on sideration of such provisions as fall within Ms. HARMAN, Mr. RAHALL, Mr. OBER- Education and the Workforce, for a period to the jurisdiction of the committee concerned. STAR, Mr. CUNNINGHAM, Mr. DELLUMS, be subsequently determined by the Speaker, By Mr. PORTER: Mr. YOUNG of Alaska, Mr. CLEMENT, in each case for consideration of such provi- H.R. 1422. A bill to amend the Federal Elec- Mr. LIVINGSTON, Mr. BORSKI, and Mr. sions as fall within the jurisdiction of the tion Campaign Act of 1971 to encourage com- HUNTER): committee concerned. pliance with spending limits on elections for H. Con. Res. 65. Concurrent resolution ex- By Mrs. JOHNSON of Connecticut: the House of Representatives and enhance H.R. 1416. A bill to amend title IV of the pressing the sense of the Congress that sec- the importance of individual contributions tion 27 of the Merchant Marine Act, 1920, Personal Responsibility and Work Oppor- and contributions originating within con- tunity Reconciliation Act of 1996 restricting popularly known as the Jones Act, and relat- gressional districts; to the Committee on ed statutes are critically important compo- welfare and public benefits for aliens to pro- House Oversight. vide an exception to limited eligibility for nents of our Nation’s economic and military By Mr. ROEMER (for himself, Mr. security and should be fully and strongly SSI and food stamps programs for permanent GANSKE, Mr. SHAYS, Mr. MEEHAN, Mr. resident aliens who are applicants for natu- supported; to the Committee on National Se- UPTON, Mr. YATES, Mr. RAMSTAD, ralization; to the Committee on Ways and curity. Mrs. MALONEY of New York, Mr. Means, and in addition to the Committee on By Mr. LANTOS (for himself and Mr. OBERSTAR, Mr. CHRISTENSEN, Mrs. Agriculture, for a period to be subsequently PORTER): MYRICK, Mr. MINGE, Mr. KLUG, Mr. determined by the Speaker, in each case for H. Res. 124. Resolution expressing the sense STARK, Mr. KILDEE, Mr. BEREUTER, consideration of such provisions as fall with- of the Congress welcoming His Holiness the Ms. SLAUGHTER, Mr. BARRETT of Wis- in the jurisdiction of the committee con- XIV Dalai Lama of Tibet to the United consin, Mr. KIND of Wisconsin, Mr. cerned. States; to the Committee on International DEFAZIO, Ms. RIVERS, Mr. CAMP, Mr. By Mr. KENNEDY of Massachusetts: Relations. LAFALCE, Mr. SCHUMER, Ms. DANNER, H.R. 1417. A bill to amend title 18, United f States Code, to provide penalties for those Mr. LUTHER, Mr. KLECZKA, Mr. EVANS, Mr. VENTO, Mr. INGLIS of who, under color of Government authority, MEMORIALS teach or distribute materials encouraging South Carolina, Mrs. ROUKEMA, Mrs. the use of torture; to the Committee on the LOWEY, and Mr. LOBIONDO): Under clause 4 of rule XXII, H.R. 1423. A bill to cancel the space station Judiciary. 52. The SPEAKER presented a memorial of project; to the Committee on Science. By Mr. KING of New York (for himself, the Senate of the Commonwealth of Vir- By Mr. SCHIFF (for himself and Mr. Mrs. MCCARTHY of New York, Mr. ginia, relative to Senate Joint Resolution SKEEN): LAZIO of New York, Mr. ACKERMAN, No. 228 memorializing the Congress of the H.R. 1424. A bill to amend the Petroglyph Mr. GILMAN, Mr. TOWNS, Mrs. KELLY, United States to enact legislation that National Monument Establishment Act of Mrs. LOWEY, Mr. DIAZ-BALART, Ms. would require Congress to cite the constitu- 1990 to adjust the boundary of the monu- ROS-LEHTINEN, Mr. ENGEL, Mr. tional authority for all proposed laws; to the ment, and for other purposes; to the Com- FLAKE, Mr. NADLER, Mr. SERRANO, Committee on the Judiciary. mittee on Resources. Mr. MANTON, Mr. SHAYS, Mr. MCNUL- By Mr. SHAYS (for himself, Mrs. f TY, Mr. SCHUMER, Mr. HASTINGS of MALONEY of New York, Mr. BARRETT Florida, Mr. KENNEDY of Rhode Is- of Wisconsin, Mr. BLUMENAUER, Mr. ADDITIONAL SPONSORS land, Mr. PASCRELL, Mr. RANGEL, and BROWN of California, Mr. BROWN of Mr. OWENS): Under clause 4 of rule XXII, sponsors H.R. 1418. A bill to extend the transition Ohio, Mr. CONYERS, Mr. COSTELLO, were added to public bills and resolu- Mr. DELLUMS, Ms. ESHOO, Mr. EVANS, period for aliens receiving supplemental se- tions as follows: curity income or food stamp benefits as of Mr. FARR of California, Ms. FURSE, H.R. 7: Mr. BURTON of Indiana, Mrs. CUBIN, August 22, 1996; to the Committee on Ways Mr. GUTIERREZ, Mr. HINCHEY, Mr. LI- and Means, and in addition to the Committee PINSKI, Mrs. LOWEY, Mr. MEEHAN, Mr. Mr. COBLE, Mrs. EMERSON, Mr. LARGENT, Mr. on Agriculture, for a period to be subse- NADLER, Ms. NORTON, Ms. RIVERS, HALL of Texas, and Mr. KLUG. quently determined by the Speaker, in each Mr. SANDERS, Mr. SMITH of New Jer- H.R. 58: Mr. HANSEN, Mr. COSTELLO, Mr. case for consideration of such provisions as sey, and Mr. TOWNS): FORBES, Mr. MORAN of Virginia, Mr. JACK- fall within the jurisdiction of the committee H.R. 1425. A bill to designate as wilderness, SON, Mr. HOBSON, and Mr. BLUNT. concerned. wild and scenic rivers, national park and pre- H.R. 74: Mr. ROMERO-BARCELO, Mr. MCGOV- By Ms. MOLINARI (for herself, Mr. serve study areas, wild land recovery areas, ERN, Mr. HINCHEY, and Mr. DAVIS of Illinois. GINGRICH, Mr. PAXON, Mr. BILBRAY, and biological connecting corridors certain H.R. 127: Mr. ENGEL, Mr. RUSH, and Mr. Mr. WALSH, Mr. FROST, Mr. FOX of public lands in the States of Idaho, Montana, HINCHEY. Pennsylvania, Mr. GREENWOOD, Mr. Oregon, Washington, and Wyoming, and for H.R. 202: Mrs. JOHNSON of Connecticut. EWING, Mrs. KELLY, Mr. DELAY, Mr. other purposes; to the Committee on Re- H.R. 209: Mr. RAMSTAD, Mr. ACKERMAN, Mr. PETRI, Ms. PRYCE of Ohio, Mr. sources. SANDERS, Mrs. KELLY, Mr. TOWNS, and Mr. HASTERT, Mr. BURR of North Caro- By Mr. SMITH of New Jersey (for him- RANGEL. lina, Mr. BRADY, Mr. SHAYS, Mr. SOL- self and Mr. SAXTON): H.R. 216: Ms. CHRISTIAN-GREEN. OMON, Mr. KING of New York, Mr. H.R. 1426. A bill to amend title 38, United H.R. 228: Mr. METCALF. CRAPO, Mr. FRELINGHUYSEN, Mr. BUR- States Code, to provide a presumption of H.R. 235: Mr. FROST, Mr. LANTOS, Mr. TON of Indiana, and Mr. COBURN): service connection for injuries classified as MEEHAN, Mr. TOWNS, Ms. ROS-LEHTINEN, Mr. H.R. 1419. A bill to reduce the incidence of cold weather injuries which occur in veter- LAMPSON, and Mr. FILNER. child abuse and neglect, and for other pur- ans who while engaged in military oper- H.R. 279: Ms. WOOLSEY, Mr. KIND of Wiscon- poses; to the Committee on the Judiciary, ations had sustained exposure to cold weath- sin, Mr. JOHN, Mr. SPRATT, Mr. LOBIONDO, and in addition to the Committee on Com- er; to the Committee on Veterans’ Affairs. Mr. BOEHLERT, and Mr. GOODE. merce, and Education and the Workforce, for By Mr. WALSH (for himself, Mr. HALL H.R. 292: Mr. SANFORD. a period to be subsequently determined by of Ohio, Mr. HOUGHTON, Mr. OBER- H.R. 347: Mr. SPENCE. the Speaker, in each case for consideration STAR, Mr. BOEHLERT, Ms. SLAUGHTER, H.R. 399: Mr. KIND of Wisconsin and Mr. of such provisions as fall within the jurisdic- Mr. MCDERMOTT, Mr. FRANK of Mas- MCINTOSH. tion of the committee concerned. sachusetts, Mrs. MORELLA, Mrs. H.R. 407: Mr. DOOLITTLE, Mr. MILLER of By Mr. YOUNG of Alaska (for himself, MEEK of Florida, Mr. BARRETT of Wis- California, Ms. CHRISTIAN-GREEN, Mr. CAMP, Mr. DINGELL, Mr. SAXTON, Mr. TAN- consin, Mr. FILNER, Ms. PRYCE of Mr. WELLER, Mr. MEEHAN, Mr. ROMERO- NER, and Mr. CUNNINGHAM): Ohio, Ms. LOFGREN, Mr. GREEN, Mr. BARCELO, Mr. MINGE, Mr. CALLAHAN, Mr. April 23, 1997 CONGRESSIONAL RECORD — HOUSE H1795

DEUTSCH, Mr. BALDACCI, Mr. FORD, Ms. H.R. 956: Mr. RUSH, Mr. TOWNS, Mr. CANADY H.R. 1302: Mr. ENGEL, Ms. STABENOW, Mr. MCKINNEY, Mr. RANGEL, and Mr. BURR of of Florida, and Mr. KASICH. JACKSON, Mr. KIND of Wisconsin, and Mr. North Carolina. H.R. 957: Mr. TAYLOR of Mississippi. RANGEL. H.R. 409: Mr. HOLDEN, Mr. DAVIS of Vir- H.R. 965: Mr. DAN SCHAEFER of Colorado, H.R. 1320: Mr. CAMPBELL. ginia, Mr. YOUNG of Alaska, Mr. FROST, Mr. Mr. CALVERT, and Mr. DICKEY. H.R. 1323: Mr. VENTO. MCNULTY, Mr. ACKERMAN, Mr. WHITFIELD, H.R. 971: Mr. HOBSON and Mr. MCGOVERN. H.R. 1330: Mr. POSHARD, Mrs. EMERSON, Mrs. THURMAN, Mrs. CUBIN, Ms. KAPTUR, Mr. H.R. 977: Mr. SHIMKUS, Mr. REGULA, Mr. Mrs. MALONEY of New York, and Mr. NEY. KLUG, Mr. BACHUS, Mr. BILIRAKIS, Mr. CAL- POMBO, Mr. PICKETT, Mr. BATEMAN, and Mr. H.R. 1332: Mr. OWENS, Ms. WATERS, and Mr. VERT, Mr. NORWOOD, Mr. MCINNIS, Mr. STOKES. ACKERMAN. BARRETT of Nebraska, Mr. UNDERWOOD, Mr. H.R. 978: Mr. YATES, Mr. POSHARD, Mr. H.R. 1350: Mr. ENSIGN, Mr. THOMAS, and Mr. WOLF, Mrs. MYRICK, Mr. KENNEDY of Rhode TAYLOR of Mississippi, and Mr. FOLEY. BLILEY. Island, and Mr. NEY. H.R. 979: Mr. LIPINSKI, Mr. BALDACCI, Mr. H.R. 1360: Mr. KING of New York, Mr. H.R. 418: Ms. DEGETTE. MCINTYRE, Mr. DOOLEY of California, Mr. FROST, Mr. DELLUMS, Mr. HINOJOSA, Mr. H.R. 444: Ms. PELOSI and Mr. WEXLER. DELLUMS, and Mr. CLYBURN. WAXMAN, Mr. BERMAN, and Mr. ACKERMAN. H.R. 446: Mr. RIGGS and Mr. CRAMER. H.R. 983: Mr. WATT of North Carolina and H.R. 1371: Mr. HILL. H.R. 476: Mr. RUSH, Ms. MILLENDER-MCDON- Mr. YATES. H.R. 1373: Mr. GEPHARDT. ALD, and Ms. BROWN of Florida. H.R. 991: Mr. JOHNSON of Wisconsin. H.R. 1375: Mr. RANGEL, Mr. FAWELL, and H.R. 500: Mr. DOOLEY of California, Mr. H.R. 1002: Mr. CANADY of Florida, Mr. Mr. OWENS. MENENDEZ, Mr. BROWN of California, and Mr. DIXON, Ms. WOOLSEY, Mr. HOUGHTON, Mr. H.R. 1383: Mr. BERMAN, Mrs. CLAYTON, Mr. KENNEDY of Massachusetts. FAZIO of California, Mr. LEACH, Mr. WAXMAN, DELLUMS, Mr. DEFAZIO, Mr. KIND of Wiscon- H.R. 511: Mr. RADANOVICH and Mr. HOBSON. Mr. CUNNINGHAM, Mr. OLVER, and Mr. DEL- sin, and Mr. LAFALCE. H.R. 512: Mr. RADANOVICH. LUMS. H.R. 1398: Mr. CAMP and Mr. RILEY. H.R. 521: Mr. MORAN of Virginia and Mr. H.R. 1005: Mr. SALMON. H.R. 1401: Mr. BONO. DELLUMS. H.R. 1010: Mr. ROYCE, Mr. LOBIONDO, Mr. H.J. Res. 37: Mr. STUMP. H.R. 526: Mr. SKEEN. NEY, and Mr. STUMP. H.R. 551: Mr. CUMMINGS. H.J. Res. 65: Mr. ENGEL, Ms. STABENOW, and H.R. 1016: Mr. TOWNS and Mr. BROWN of H.R. 552: Mr. PASCRELL and Mr. CAPPS. Mr. KUCINICH. California. H.R. 577: Mr. HINCHEY. H.J. Res. 67: Mr. EHRLICH, Mr. HUTCHINSON, H.R. 1026: Mr. CUNNINGHAM, Mr. HORN, Mr. H.R. 598: Mr. NEY. Mr. CALLAHAN, and Mr. SPENCE. MCCOLLUM, Mr. SOUDER, and Mr. METCALF. H.R. 612: Mr. DEFAZIO, Mr. BENTSEN, Mr. H. Con. Res. 10: Mr. HYDE, Mr. POSHARD, H.R. 1046: Mr. FORD. CUMMINGS, Mr. WYNN, and Mr. NADLER. and Mrs. KELLY. H.R. 1047: Mr. ACKERMAN, Mr. BERMAN, Mr. H.R. 619: Mr. ACKERMAN, Mr. MORAN of Vir- H. Con. Res. 13: Mr. PASTOR, Mr. JOHNSON BLAGOJEVICH, Ms. BROWN of Florida, Mrs. ginia, and Mrs. NORTHUP. of Wisconsin, and Mr. NETHERCUTT. CLAYTON, Ms. FURSE, Mr. LEWIS of Georgia, H.R. 621: Mr. DELLUMS, Ms. NORTON, Mr. H. Con. Res. 49: Mr. WYNN, Mrs. MORELLA, Mr. MARKEY, Mr. ROTHMAN, and Mr. VENTO. KUCINICH, Mr. LEWIS of Georgia, and Mr. Mr. MORAN of Virginia, Ms. NORTON, and Mr. H.R. 1053: Mr. CAMPBELL, Mr. SUNUNU, and OLVER. WOLF. Mr. SISISKY. H.R. 630: Ms. HARMAN. H. Con. Res. 52: Mr. POMEROY, Mr. ACKER- H.R. 1072: Ms. JACKSON-LEE, Mr. RANGEL, H.R. 641: Mr. SHIMKUS. MAN, Mr. SMITH of New Jersey, and Mr. Mrs. LOWEY, and Ms. SLAUGHTER. H.R. 656: Mr. EVERETT. ALLEN. H.R. 1080: Mr. PAPPAS and Mr. PASCRELL. H.R. 659: Mr. HOBSON, Mr. NETHERCUTT, Mr. H. Con. Res. 55: Mr. ROGERS, Mr. MCNULTY, H.R. 1107: Mr. ROTHMAN. GREENWOOD, Mr. PAXON, and Mr. HILLEARY. Mr. MILLER of Rhode Island, Mr. ENSIGN, Mr. H.R. 664: Mr. NEAL of Massachusetts. H.R. 1108: Mr. CAMPBELL, Mrs. MYRICK, and MCKEON, Mrs. KENNELLY of Connecticut, Mr. H.R. 684: MCDERMOTT. Mr. BAKER. MANTON, Mr. SHERMAN, Mrs. KELLY, Ms. H.R. 707: Mr. MCNULTY. H.R. 1126: Mr. RUSH. ESHOO, Mr. OLIVER, Mr. DELLUMS, Mr. KEN- H.R. 716: Mr. WELDON of Florida, Mr. H.R. 1130: Mr. JACKSON, Mr. KANJORSKI, Mr. NEDY of Massachusetts, and Mr. FILNER. FORBES, and Mr. JOHN. YATES, and Mr. SANDERS. H. Res. 53: Mr. DELLUMS, Mr. H.R. 726: Mr. BROWN of California, Mr. H.R. 1134: Ms. MCCARTHY of Missouri. FALEOMAVAEGA, and Mr. LIPINSKI. DAVIS of Illinois, Mr. FILNER, and Mr. PAYNE. H.R. 1151: Mr. ROTHMAN, Ms. ESHOO, Mr. H. Res. 103: Mr. HAMILTON and Mr. COX of H.R. 755: Mr. CONDIT. BONIOR, Mrs. MINK of Hawaii, Mr. NEAL of California. H.R. 769: Mr. CAMPBELL. Massachusetts, Mr. KENNEDY of Rhode Is- H.R. 770: Mr. CAMPBELL. land, Mr. LIPINSKI, Mr. GONZALEZ, Ms. NOR- f H.R. 771: Mr. CAMPBELL. TON, Mr. LEWIS of Georgia, Mr. STUPAK, Mr. H.R. 778: Mr. EVANS. WELDON of Pennsylvania, Mr. SABO, Mrs. DELETIONS OF SPONSORS FROM H.R. 779: Mr. EVANS. KENNELLY of Connecticut, Mr. GIBBONS, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 780: Mr. EVANS. STARK, Mr. TOWNS, Mr. BOEHLERT, and Mr. H.R. 789: Mr. RAMSTAD, Mr. KIND of Wiscon- Under clause 4 of rule XXII, sponsors DELLUMS. sin, and Mr. SPENCE. H.R. 1159: Mr. SABO. were deleted from public bills and reso- H.R. 802: Mr. GRAHAM. H.R. 1161: Mr. CUNNINGHAM, Mr. MCHALE, lutions as follows: H.R. 810: Mr. LIPINSKI. Mr. FILNER, Mr. BLUMENAUER, Mr. MANTON, H.R. 815: Mr. RUSH, Mr. PALLONE, Mr. COOK, H.R. 1031: Mr. KUCINICH. Mr. BURR of North Carolina, and Mr. Ms. ESHOO, and Mr. CRAMER. H.R. 1062: Mr. GIBBONS. SHIMKUS. H.R. 836: Mr. ABERCROMBIE, Mr. ACKERMAN, f Mr. ANDREWS, Mr. BORSKI, Mr. CLAY, Mr. H.R. 1245: Mr. DELLUMS, Mr. HINCHEY, Mr. LEWIS of Georgia, Mr. RANGEL, and Mr. CUNNINGHAM, Mr. DOOLEY of California, Mr. AMENDMENTS FALEOMAVAEGA, Mr. FATTAH, Mr. FAZIO of TOWNS. ELAURO ANGEL Under clause 6 of the rule XXIII, pro- California, Mr. FRANK of Massachusetts, Mr. H.R. 1246: Ms. D and Mr. R . H.R. 1251: Mr. GILCHREST. FROST, Mr. HINCHEY, Mr. LANTOS, Ms. posed amendments were submitted as H.R. 1252: Mr. RIGGS. LOFGREN, Mr. MANTON, Mr. MCDERMOTT, Ms. follows: H.R. 1260: Mr. ANDREWS, Mr. BENTSEN, Mr. MCKINNEY, Mrs. MEEK of Florida, Mr. H.R. 1271, BERRY, Mr. DAVIS of Illinois, Mr. DELAHUNT, MENENDEZ, Ms. MILLENDER-MCDONALD, Mrs. Mr. DEUTSCH, Mr. DICKS, Mr. DOYLE, Mr. EN- OFFERED BY: MS. JACKSON-LEE MINK of Hawaii, Mr. OWENS, Ms. PELOSI, Ms. SIGN, Mr. GEJDENSON, Mr. HAYWORTH, Mr. AMENDMENT NO. 1: Page 5, line 11, after RIVERS, Mr. SCOTT, Mr. STUPAK, Mr. THOMP- HOBSON, Ms. HOOLEY of Oregon, Mrs. KELLY, ‘‘institutions’’ insert ‘‘, including Historical SON, Mr. TORRES, Mr. UNDERWOOD, Ms. WA- Mr. LEWIS of California, Mr. MARKEY, Mr. Black Colleges and Universities,’’. TERS, and Mr. MILLER of California. H.R. 873: Mr. HOLDEN. MCGOVERN, Ms. MILLENDER-MCDONALD, Mr. H.R. 1271, NORWOOD, Mr. PETERSON of Pennsylvania, H.R. 875: Mr. FOGLIETTA. OFFERED BY: MS. JACKSON-LEE H.R. 880: Mr. TALENT, Mr. BACHUS, Mr. Mr. PORTMAN, Mr. ROEMER, Mr. RUSH, Mr. (Striking Section 3) BATEMAN, Mr. MCINNIS, and Mr. RILEY. SAWYER, Mr. SCHUMER, Mrs. SLAUGHTER, Mr. H.R. 897: Mr. LEWIS of Georgia. SNYDER, Mr. STARK, Mr. STUPAK, Mr. AMENDMENT NO. 2: Page 3, strike line 15 H.R. 901: Mr. BOB SCHAFFER, Mr. MORAN of TIERNEY, Mr. WEXLER, and Mr. WEYGAND. and all that follows through line 10 on page Kansas, Mr. BURTON of Indiana, Mr. CRAMER, H.R. 1270: Mr. MICA, Mr. SISISKY, Mr. WICK- 4 and redesignate sections 4 through 9 as sec- Mr. NEY, and Mr. SMITH of New Jersey. ER, Mrs. CUBIN, Mr. LOBIONDO, Mr. SPENCE, tions 3 through 8, respectively. H.R. 911: Mr. SHIMKUS, Mr. CRAMER, Mr. Mr. WELDON of Florida, Mr. PICKETT, Mr. H.R. 1271, BOUCHER, and Mr. SCARBOROUGH. CAMP, Mr. SOUDER, Mr. DOOLEY of California, OFFERED BY: MS. JACKSON-LEE Mr. CONDIT, and Mr. BONIOR. H.R. 1276: Mr. BROWN of California, Ms. H.R. 920: Mrs. THURMAN. JACKSON-LEE, and Mr. EHLERS. (Striking Section 6(a)) H.R. 925: Ms. RIVERS. H.R. 1277: Mr. BROWN of California, Ms. AMENDMENT NO. 3: Page 7, strike lines 8 H.R. 931: Mrs. JOHNSON of Connecticut, JACKSON-LEE, and Mr. FOLEY. through 17 and redesignate subsections (b) Mrs. TAUSCHER, Mrs. MORELLA, Ms. HARMAN, H.R. 1278: Mr. BROWN of California, Ms. and (c) as subsections (a) and (b), respec- and Mr. MEEHAN. JACKSON-LEE, Mr. FOLEY, and Mr. EHLERS. tively. H1796 CONGRESSIONAL RECORD — HOUSE April 23, 1997 H.R. 1271, and Space Administration to pay the tuition Page 21, line 6, strike ‘‘$13,881,800,000’’ and OFFERED BY: MS. JACKSON-LEE expenses of any National Aeronautics and insert in lieu thereof ‘‘$12,260,500,000’’. (Striking Section 6(b)) Space Administration employee attending Page 21, line 7, strike ‘‘$13,925,800,000’’ and programs of the International Space univer- AMENDMENT NO. 4: Page 7, strike lines 18 insert in lieu thereof ‘‘$11,816,600,000’’. sity held in the United States. The National through 24 and redesignate subsection (c) as Page 21, line 18, strike ‘‘303’’ and insert in Aeronautics and Space Administration shall subsection (b). lieu thereof ‘‘203’’. obtain all tuition costs for employees at- H.R. 1273, Page 23, line 21, strike ‘‘(1) through (4)’’ tending programs of the International Space and insert in lieu thereof ‘‘(2) through (4)’’. OFFERED BY: MR. COBURN University outside of the United States from Page 30, line 6, strike ‘‘308(a)’’ and insert in AMENDMENT NO. 1: Page 6, after line 11, in- the International Space University. lieu thereof ‘‘208(a)’’. sert the following new section: H.R. 1275, Page 31, lines 13 through 18, strike section SEC. 104. UNITED STATES MAN AND THE BIO- OFFERED BY: MS. JACKSON-LEE SPHERE PROGRAM LIMITATION. 130. AMENDMENT NO. 3: Page 31, line 19, through page 40, line 3, No funds appropriated pursuant to this Act Page 17, line 22, strike ‘‘$102,200,000’’ and strike title II. shall be used for the United States Man and insert ‘‘$110,300,000’’. Biosphere Program, or related projects. Page 18, line 4, strike ‘‘$46,700,000’’ and in- Page 40, line 4, redesignate title III as title H.R. 1273, sert ‘‘$54,800,000’’. II. OFFERED BY: MS. JACKSON-LEE Page 18, line 8, strike ‘‘$108,000,000’’ and in- Page 40, line 6, through page 74, line 17, redesignate sections 301 through 322 as sections AMENDMENT NO. 2: Page 20, insert after line sert ‘‘$116,100,000’’. Page 18, line 9, strike ‘‘$51,700,000’’ and in- 18 the following: 201 through 222, respectively. sert ‘‘$59,800,000’’. SEC. 213. ENHANCEMENT OF SCIENCE AND MATH- Page 2, in the table of contents, strike the EMATICS PROGRAMS. H.R. 1275, item relating to section 130. The Director, in consultation with the Ad- OFFERED BY: MR. ROEMER Page 2, in the table of contents, strike the ministrator of General Services, shall estab- AMENDMENT NO. 4: Page 40, after line 3, in- items relating to title II. lish a directory of all laboratories of the sert the following new section: Page 3, in the table of contents, redesig- Federal Government and research programs SEC. 206. CANCELLATION OF RUSSIAN PARTNER- nate title III and sections 301 through 322, as funded by the Federal Government which SHIP. title II and sections 201 through 222, respec- have surplus equipment which may be do- Not later than 90 days after the date of the tively. enactment of this Act, the Administrator nated to elementary and secondary edu- H.R. 1275, cation schools to enhance their science and shall terminate all contracts and other mathematics programs and shall take such agreements with the Russian Government OFFERED BY: MR. ROHRABACHER action as may be appropriate to enable the necessary to remove the Russian Govern- AMENDMENT NO. 6: Page 31, lines 13 through donation of such equipment. ment as a partner in the International Space 18, strike section 130. H.R. 1275, Station program. The National Aeronautics Page 2, in the table of contents, strike the and Space Administration shall not enter OFFERED BY: MS. JACKSON-LEE item relating to section 130. into a new partnership with the Russian Page 62, lines 11 and 12, strike ‘‘moon and AMENDMENT NO. 1: Page 75, after line 12, in- Government relating to the International the planets’’ and insert ‘‘moon, asteroids, sert the following new section: Space Station. Nothing in this section shall planets and their moons, and comets’’. SEC. 323. TREATMENT OF EMPLOYEES IN CASE prevent the National Aeronautics and Space OF LAPSE OF APPROPRIATIONS. Administration from accepting participation Page 75, after line 12, insert the following In any case in which the Congress fails to by the Russian Government or Russian enti- new section: make appropriations for the National Aero- ties on a commercial basis as provided in SEC. 323. UNITARY WIND TUNNEL PLAN ACT OF nautics and Space Administration for a fis- section 202. Nothing in this section shall pre- 1949 AMENDMENTS. cal year in advance of the fiscal year, every vent the National Aeronautics and Space Ad- The Unitary Wind Tunnel Plan Act of 1949 employee of the National Aeronautics and ministration from purchasing elements of is amended— Space Administration shall be considered as the International Space Station directly essential, and no such employee shall be fur- (1) in section 101 (50 U.S.C. 511) by striking from Russian contractors. ‘‘transsonic and supersonic’’ and inserting in loughed or cease to be paid for any period of Page 2, in the table of contents, after the time as an employee of the National Aero- lieu thereof ‘‘transsonic, supersonic, and item relating to section 205, insert the fol- hypersonic’’; and nautics and Space Administration as a result lowing: of the failure by Congress to make appro- (2) in section 103 (50 U.S.C. 513)— ‘‘Sec. 206. Cancellation of Russian partner- priations in advance of the fiscal year. (A) by striking ‘‘laboratories’’ in sub- Page 3, in the table of contents, after the ship.’’. section (a) and inserting in lieu thereof ‘‘lab- item relating to section 322, insert the fol- H.R. 1275, oratories and centers’’; lowing: OFFERED BY: MR. ROEMER (B) by striking ‘‘supersonic’’ in subsection ‘‘Sec. 323. Treatment of employees in case of AMENDMENT NO. 5: Page 9, line 12, through (a) and inserting in lieu thereof ‘‘transsonic, lapse of appropriations.’’. page 10, line 6, amend paragraph (1) to read supersonic, and hypersonic’’; and H.R. 1275, as follows: (C) by striking ‘‘laboratory’’ in subsection (1) For the Space Station, for expenses nec- OFFERED BY: MS. JACKSON-LEE (c) and inserting in lieu thereof ‘‘facility’’. essary to terminate the program, for fiscal Page 3, in the table of contents, after the AMENDMENT NO. 2: Page 31, strike lines 8 year 1998, $500,000,000. item relating to section 322, insert the fol- through 12 and insert the following: Page 13, line 9, strike ‘‘308(a)’’ and insert in lowing: SEC. 129. INTERNATIONAL SPACE UNIVERSITY. lieu thereof ‘‘208(a)’’. Funds appropriated pursuant to this Act Page 14, line 3, strike ‘‘308(a)’’ and insert in ‘‘Sec. 323. Unitary Wind Tunnel Plan Act of may be used by the National Aeronautics lieu thereof ‘‘208(a)’’. 1949 amendments.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, APRIL 23, 1997 No. 49 Senate The Senate met at 10 a.m., and was SCHEDULE Mr. LOTT. I will withhold yielding called to order by the President pro Mr. LOTT. Mr. President, this morn- the floor and yield to the Senator from tempore [Mr. THURMOND]. ing, the Senate will begin consider- Delaware. Mr. BIDEN. Before the clock starts PRAYER ation of the Chemical Weapons Conven- tion Treaty. Under the previous order, to toll here on the 10 hours, I under- The Chaplain, Dr. Lloyd John there will be 10 hours of debate to be stand the distinguished chairman of Ogilvie, offered the following prayer: equally divided between the chairman the committee is running just a little Almighty God, a very present help in and the ranking member or their des- bit late, and he asked whether or not it trouble, remind us of all the times You ignees and 1 hour under the control of would be permissible to have a 10- have helped us in our needs. We are Senator LEAHY. Also, in accordance minute quorum call; is that correct? quick to cry out for help but often slow with the agreement, a limited number Mr. KYL. He is willing to go ahead if to remember the countless times You of amendments are in order to the reso- you would like. have intervened to strengthen us. lution of ratification. Mr. BIDEN. I would like to just wait Thank You for the new confidence The Senate will recess at 12:30 p.m. that stirs in our hearts today. We col- and give the chairman the opportunity until the hour of 2:15 to allow for the to make his statement. lect and then commit to You all of our weekly policy meetings, and when the Mr. LOTT. We will put in a quorum personal concerns, the challenges we Senate reconvenes, we will resume con- then until the chairman is here and face in government, the troublesome sideration of the treaty. I hope that ready to resume the discussions. I people who sometimes make life dif- perhaps we could get an agreement to know they are going to be very inter- ficult, and our friends and loved ones have one of the votes occur later on esting. who are presently confronted with ad- this afternoon. I believe there may versity. have been some discussions on that. If The Senator from Delaware is not Especially, Lord, we remember the not, we will have the votes on motions going to go through that whole book, is people in Grand Forks, ND, as they to strike, if any. There, I believe, were he? face the difficulties of the flood of the five agreed to in our unanimous-con- Mr. BIDEN. Mr. President, I say to Red River, and we ask for Your bless- sent agreement, and, of course, we are the distinguished leader, depending on ing and guidance for Senators BYRON anticipating that the final vote will how many votes we have, I may go DORGAN and KENT CONRAD as they care occur sometime tomorrow night, I as- through only a very small portion of it. for their people and give leadership in sume between 5, 6 and 8 o’clock. And, Mr. LOTT. I yield the floor and I ob- this emergency. of course, as always, we will notify For Your glory, dear God, resolve serve the absence of a quorum, Mr. Senators of anticipated rollcall votes President. problems, give guidance, provide as early as possible. But there would The PRESIDING OFFICER (Mr. AL- strength. not be one, if any, today until late in LARD). The clerk will call the roll. Today, we also are aware that there the day. There will be a number of are some problems You will not solve votes throughout the day on Thursday, The legislative clerk proceeded to until we are ready to be used by You in and I urge Senators to be prepared to call the roll. working out the solutions. Sometimes answer the votes quickly so that we Mr. HELMS. Mr. President, I ask You wait until we are ready to be a can get through the five motions to unanimous consent that the order for part of the answer You want to give. strike that may be offered under the the quorum call be rescinded. Show us what You want us to do today. agreement and to final passage at a The PRESIDING OFFICER. Without We will leave the results to You. ‘‘You reasonable hour tomorrow. are great, and do wondrous things; You objection, it is so ordered. Also, unless there were a lot of yield- alone are God.’’—Psalm 86:10. Amen. We have a number of items that need ing back of time, I do not anticipate to be read, under the previous order. f that we could finish even in the early afternoon or late afternoon on Thurs- f RECOGNITION OF THE MAJORITY day. I think it clearly is going to go LEADER into the evening. RESERVATION OF LEADER TIME The PRESIDENT pro tempore. The With that, Mr. President, I would be able majority leader, Senator LOTT, of glad to yield the floor. The PRESIDING OFFICER. Under Mississippi, is recognized. Mr. BIDEN. Mr. President, will the the previous order, the leadership time Mr. LOTT. I thank the Chair. majority leader yield? is reserved.

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

S3467 S3468 CONGRESSIONAL RECORD — SENATE April 23, 1997 MEASURE PLACED ON THE CAL- is quoting a New York Yankee, it is be- ratify this dangerously defective trea- ENDAR—TREATY DOCUMENT 103– cause I always liked Yogi. And we have ty. 21 been here before, meaning the Senate. These distinguished Americans are The PRESIDING OFFICER. Under The point being that the Senate sched- by no means alone. More than 50 gen- the previous order, the Foreign Rela- uled a time certain last September to erals and admirals and senior officials tions Committee is discharged from take up this very same treaty. But, on from previous administrations have further consideration of Treaty Docu- the day of the scheduled vote, the joined them in opposing this chemical ment No. 103–21, the Chemical Weapons White House asked to withdraw the weapons treaty—convention—call it Convention, which shall be placed on treaty. Why? Well, because there were what you will. And why have all these the Executive Calendar. not 67 votes necessary to pass it. great Americans urged that the Senate The White House stonewalled and re- reject this treaty? I will tell you why. f fused to address the key concerns Their case can be summarized this sim- EXECUTIVE SESSION raised by Senators about the treaty, ply: It is not global, it is not verifiable, concerns relating to its universality, and it will not work. No supporter of its verifiability, and crushing effect on this treaty can tell us with a straight CHEMICAL WEAPONS CONVENTION business because they had opposed even face how this treaty will actually ac- the most reasonable modifications pro- The PRESIDING OFFICER. Under complish the goals that they have ad- posed by this Senator and many others. the previous order, the Senate will now vertised so profusely for it. That is why the treaty was withdrawn The best argument they have mus- go into executive session and proceed last year. So, here we go again, with tered to date is, as I understand it, to the consideration of Treaty Docu- most of those critical concerns remain- ‘‘Oh, yes, it is defective, but it is better ment No. 103–21, which the clerk will ing in the treaty: The Chemical Weap- than nothing,’’ they say. Or they tell report. ons Convention certainly is not global, us that ‘‘It creates an international The legislative clerk read as follows: it is not verifiable, and it will not norm against the production of these Treaty Document No. 103–21, the conven- work. Even its proponents admit it weapons.’’ But, in fact, this treaty is tion on the prohibition of development, production, stockpiling and use of chemical cannot effectively prevent the spread worse then nothing. weapons and on their destruction. of chemical weaponry. But, in fact, Mr. President, this trea- Time and time again, the administra- ty is worse than nothing, for this trea- The PRESIDING OFFICER. Under tion has portrayed this agreement as ty gives the American people a false the previous order, the convention one that will provide for a global ban sense of security that something is shall be advanced through its various on chemical weapons. I recently read a being done in Washington, DC, to re- parliamentary stages, up to and includ- poll showing that 84 percent of the duce the dangers of chemical weaponry ing the presentation of the resolution American people believed that this when, in fact, nothing is being done of ratification. body should ratify a treaty which with or by this treaty. If anything, this Mr. HELMS addressed the Chair. would ‘‘ban the production, possession, treaty puts the American people at The PRESIDING OFFICER. The Sen- transfer and use of poison gas world- greater risk. ator from North Carolina. wide.’’ That was the question asked in That is why the administration Mr. HELMS. Mr. President, the dis- the poll. I quoted it verbatim. If this wants to avoid at all costs a real de- tinguished Senator from Arizona has a treaty accomplished such a ban, I bate on the merits of this treaty. They unanimous-consent request, but I want would be the first Senator on this know that they cannot defend it. They him to withhold it until Senator BIDEN floor, along with Senator KYL, urging say it is better than nothing. No, it is can be here and have an opportunity to its approval. Had the pollster called me not. So they have resorted to a number object, if he desires. at home, I—if I knew nothing about the of assertions that simply do not hold The PRESIDING OFFICER. Mr. treaty, as most Americans do not—I up under scrutiny. They have put for- Chairman, I have a couple of other pre- probably would have been among the 84 ward, for example, the ‘‘America as a vious orders I can read. percent. rogue state’’ argument. They have said Mr. HELMS. Very well. In any event, more than 8 years ago, it over and over again. ‘‘Rogue state, The PRESIDING OFFICER. Under at the confirmation hearing of Jim rogue state.’’ the previous order, the Committee on Baker to be Secretary of State, I noted They say if we don’t ratify the CWC, Foreign Relations shall be discharged President Bush’s statement that he we will be left ‘‘in the company of pa- of consideration of Senate Resolution wanted to be able to tell his grand- riah nations, like Iraq and North 75, and this resolution be substituted children that he, ‘‘was able to ban Korea,’’ who have refused to join. And for the resolution of ratification. chemical and biological weapons from then they have hit us with, ‘‘Well, Under the previous order, there will the face of the Earth.’’ Quote, unquote, everybody’s doing it. It is going to go be 10 hours for debate, equally divided George Bush. I remarked at that hear- into effect anyhow,’’ they say, and between the chairman and ranking ing that I, too, would like to be able to have said over and over again, ‘‘with or member or their designees, and 1 hour tell my grandchildren that I helped the without the United States, so we might under the control of the Senator from President and the Secretary of State as well go with the flow and sign up.’’ Vermont, Mr. LEAHY. attain such a goal. And that statement Sorry, Mr. President—and I mean the Mr. HELMS. I yield to the distin- that I made then is just as true today distinguished Senator who is presiding, guished Senator from Arizona. as it was on the day that I made it. But Mr. President, and I mean the Presi- PRIVILEGE OF THE FLOOR I cannot and will not sign off on a mul- dent down on Pennsylvania Avenue as Mr. KYL. Mr. President, I ask unani- tilateral treaty that accomplishes well—sorry, Mr. President, the oath mous consent Jeanine Esperne, John none—n-o-n-e—none of the goals it that I have taken five times standing Rood, and David Stephens be granted purports to address. right over there forbids my taking part the privilege of the floor for the dura- I have, on 5 January first days of the in such sophistry. tion of the day. Senate, stood right over there by the Anyhow, since when did America The PRESIDING OFFICER. Without dais, raised my right hand, and pledged start letting Belgium and Luxembourg objection, it is so ordered. to support and defend our country and and France and Bangladesh dictate our The Senator from North Carolina. its Constitution. I have presided over national security policy? The Senate Mr. HELMS. Mr. President, as the many hearings dedicated to the careful should decide whether or not to ap- Senate begins final consideration of examination of this treaty. Earlier this prove this treaty on the basis of wheth- the Chemical Weapons Convention, the month, the Senate Foreign Relations er it is in the national interest of the immortal words of Yogi Berra come to Committee heard testimony by and United States and the American peo- mind. Everybody remembers them. from four former U.S. Defense Sec- ple, not to respond to diplomatic mo- ‘‘It’s deja vu, all over again.’’ retaries—Dick Cheney, Cap Wein- mentum of the moment. Frankly, I If anyone is wondering why JESSE berger, Jim Schlesinger, Don Rumsfeld, take offense at the argument that this HELMS, Senator from North Carolina, all four urging the Senate not—not to administration is making widely and April 23, 1997 CONGRESSIONAL RECORD — SENATE S3469 frequently, that rejecting this dan- floor. Unfortunately, the Clinton ad- and over and over again that this trea- gerous and flawed treaty would make ministration has made clear—made ty will ‘‘ban chemical weapons from America the moral—get this—the clear—that it intends to remove five the face of the Earth.’’ How many moral equivalent of terrorist states— vital protections that Senator LOTT times have I heard that by some very that means governments, countries— and I and others have included to ad- good friends of mine in the administra- terrorist governments like Syria and dress the defects of the treaty, or some tion? Let me tell them something, and Iraq and Libya and North Korea. These of them. By stripping those key condi- let me tell you something, Mr. Presi- pariahs are, at this very moment, man- tions from this resolution, the adminis- dent. With articles X and XI intact, ufacturing chemical weapons to use tration is asking the Senate to ratify a this treaty will, in fact, do the exact against us. Don’t make any mistake treaty which, first, will affect almost opposite. It will, in fact, facilitate the about that. That is what they are doing none of the terrorist regimes whose spread of poison gas to the very rogue right now as we meet. possession of chemical weapons actu- countries most likely to use it against We are unilaterally destroying our ally threatens the United States, such American citizens. chemical stockpiles with or without as Libya, Iraq, Syria, and North Korea; So I guess the question is, who would the Chemical Weapons Convention, and second, which the administration ad- give the terrorist crowd in Iran chemi- I think that such rhetorical blackmail mits that they can’t verify, and they cal agents and chemical technology may offend the American people. We can’t verify this treaty. Do you remem- that they can use to build chemical will see. The polls are already turning ber what Ronald Reagan used to say? weapons? Who would do that? Who around, by the way. Trust but verify. Ronald Reagan is sort would vote to give Iran the secrets to Mr. President, I made a commitment of halfway implicitly credited with this our most advanced chemical defensive to the American people that I would treaty. I think I knew Ronald Reagan equipment, the technology we have de- bring this chemical weapons treaty to as well as anybody. I was the first sit- signed to protect our troops from poi- the Senate floor only if it contained all ting Senator to support Ronald Rea- son-gas attack? Not this U.S. Senator. the key protections necessary to en- gan’s candidacy, and I knew how he I will never, never vote to do that, be- sure that this treaty does no harm, felt about treaties because he felt then cause I stood over there five times and even if it can do no good, and that is as I feel now about treaties. said I would not. But that is exactly exactly what is happening. That is ex- Third, the administration knows that what the Clinton administration is actly why this treaty is the pending Russia is already violating the chemi- asking us to do by insisting that we business in the U.S. Senate at this mo- cal weapons treaty, even before it goes ratify this treaty with articles X and ment. into effect, by pursuing an entirely new XI intact. The resolution of ratification that is generation of chemical agents specifi- Do not take my word about all of now pending before the Senate address- cally designed to circumvent the CWC, this. Heed the warnings of some people es all the inherent weaknesses of this as we call it around this place, violat- that I believe most Americans admire treaty. With this resolution of ratifica- ing Russia’s existing bilateral chemical and respect. Let’s take Secretary of tion, I can vote for this treaty in good weapons agreement with the United Defense Dick Cheney, who served in a conscience, and I would dissuade no States signed some years ago and—I previous administration, the Bush ad- Senator from doing the same, obvi- have to use this word—lying about ministration. Dick Cheney provided ously. But if those key protections are their chemical stockpiles. And we are written testimony to the Foreign Rela- removed, taken out—and the adminis- supposed to trot in and ratify this trea- tions Committee earlier this month. tration says it is going to happen, they ty? Not this Senator. Not this Senator. Let me quote him. This is Dick Cheney are going to be taken out, they boast— Fourth, the administration is sup- talking: then we should refuse to ratify this porting a treaty which allows inspec- Articles X and XI amount to a formula for treaty for the reasons that we will dis- tors from China and rogue states, such greatly accelerating the proliferation of cuss in greater detail in the hours as Iran, to descend upon American chemical warfare capabilities around the ahead. businesses, rifle through the business world. I doubt that there is a Senator in this confidential documents in each of I have heard Dick Cheney make body who has not heard a great deal these places, to interrogate the em- many a speech, but I never before about the 28 conditions in this resolu- ployees of the business, and to remove heard him as emphatic in his declaration of ratification that have been secret business information and chemi- tion about anything previous to this. agreed upon by the distinguished Sen- cal samples whenever they want to. Mr. President, anybody who wants a ator BIDEN, who is the ranking member A law enforcement officer in the road map for how this will work need of the Foreign Relations Committee, United States cannot do that. You only examine how Russia has taken ad- the administration, and me. I commend have to get a search warrant issued by vantage of similar provisions in the my friend, JOE BIDEN, for his willing- a court. Nuclear Non-Proliferation Treaty. ness to work with me in good faith to Fifth, the administration feels that Today, Russia is using the NNPT to address those issues. I have told him so under articles X and XI, which involve justify, what? To justify Russia’s sale privately, and I now tell him so pub- the transfer of dangerous chemicals, of nuclear reactors under a provision licly. As JOE BIDEN has pointed out, he chemical manufacturing technology known as atoms for peace. Under the spent many hours in my office in direct and advanced chemical defense gear to chemical weapons treaty, articles X negotiations with me and my staff in any nation who signs on, including ter- and XI, or poisons for peace provisions, an effort to reach some common rorist states like Iran and Cuba and as we call them, Russia and/or China ground. known proliferators, such as Russia could decide, for example, to build a Many of the 28 conditions contain and China, the administration said, chemical manufacturing facility in commonsense provisions that never ‘‘No, no, we can’t have that. We can’t Iran and argue not only that are they should have been contested by the ad- have that.’’ That’s what they say. We allowed to give Iran this technology, ministration in the first place. For ex- are going to find out tomorrow, or per- but that they are obligated to do it ample, these conditions, among other haps earlier, how the U.S. Senate feels under a treaty, mind you, that a lot of things, require the creation of an in- about that, because there is going to be people are advocating that the United spector general. They limit the burden a vote on that specific question. States Senate ratify tomorrow before on the American taxpayer. They pre- We have protections in the current dark. serve the Australia Group. They assert resolution of ratification which address Worse still, the Chemical Weapons the right to use tear gas in combat sit- all of these issues, as I have said be- Convention also requires that we share uations. fore, and while all of these matters are our latest advanced chemical defensive Let me tell you something, if they vitally important, the final concluding gear with all of these countries. What had not yielded on that question about issue, I believe, is the key to this en- that means is that, through reverse en- our using tear gas to help our downed tire debate. What is it? gineering, Iran could figure out how to pilots escape from the enemy, this The proponents of this treaty have penetrate our chemical defense, in- treaty would never have come to the been telling the American people over creasing not only the risk of American S3470 CONGRESSIONAL RECORD — SENATE April 23, 1997 troops being exposed to poison gas but The PRESIDING OFFICER (Mr. But I think one of my objectives today the chances of a chemical attack actu- HUTCHINSON). The Senator from Dela- is going to try to be sort of the truth ally taking place by undermining the ware. squad here, to make sure we are com- defensive deterrent value. Mr. BIDEN. I yield myself as much paring apples and apples and oranges The administration has agreed that time as may be necessary. and oranges and we remember who did it will not give such American tech- Mr. President, as my distinguished what. nology to Iran. I think they mean it as friend, the chairman of the committee, So before the day is over, someone far as it goes, but this agreement with leaves the floor, let me note that he probably will invoke the name of the President will not stop other coun- and I came to the Senate the same George McGovern, somehow. I do not tries from doing it. Articles X and XI year, 1972. I, like he, on five occasions know how George McGovern will get still facilitate trade in these tech- —four here and one in a hospital— into this, but I promise you that will nologies with more than 100 countries, raised my right hand and swore to up- happen as evidence that these arms many, if not most, of which do not hold the Constitution. We have both control treaties are bad things that share our policy of isolating Iran, don’t done that, to the best of my knowl- just soft-headed liberals do. Ronald you see. If they get access to United edge, for the past 24 years. Reagan is no soft-headed liberal. States defensive technology under the Let me just say that just as beauty is My friend from North Carolina is a chemical weapons treaty, they will in the eye of the beholder, security and staunch conservative, but he parted share it with other signatories, like upholding the oath of office, how to company with other staunch conserv- Iran. And they could do so lawfully protect and defend the United States of atives who thought START I, START without violating the treaty. Further, America, is in the eye of the Senator. II and the INF agreements were all bad they will share their own defense tech- I do not doubt for one single second treaties. We negotiated the INF agree- nology against dangerous dual-use that my friend from North Carolina be- ment when Senator HELMS and I were chemicals regardless of what the Unit- lieves what he says, that he does not here. Ronald Reagan proposed that. I ed States says or does. believe this treaty is in the interest of do not know how he voted on that. But What will happen once we put a the United States of America and, by I would not be surprised if he voted plethora of chemical and defensive se- inference, he would not be upholding or against that. And ‘‘trust but verify’’ crets out on the world market? I think defending the Constitution of the Unit- Reagan not only negotiated it, but sub- you know, Mr. President. It will be ed States were he to vote for it, other mitted it. only a matter of time, and a short than with the killer amendments at- Mr. President, the debate we are time, before these rogue states which tached to it that would effectively end commencing today is not only about a do not sign the treaty will get access the treaty. global treaty—it is important, it is to these defensive secrets. Iran will I think it is important for the listen- global, and it addresses the chemical certainly share them with Syria and ers to put in perspective a little focus weapons threat. Quite frankly—and my Libya. And who knows who they will, here as to how much verification is distinguished friend from Indiana, Sen- in turn, share them with. necessary to defend our interest and ator LUGAR, will speak to this at Ronald Reagan, as I said earlier, said how much is enough and what tradeoffs length because he is so articulate when that our policy in arms control—arms constitute our interests. he does—it is about nothing less than control of all types—must be ‘‘trust Let me just say that my friend and I America’s leadership in the post-cold- but verify.’’ With the Chemical Weap- have worked together for years and war era. I mean, it really is that sim- ons Convention we can do neither. So years. As I said, we came here to- ple. why would we agree to a treaty which gether, 1972. We got elected in the same It is above and beyond the issue of would share advanced chemicals and year. To the best of my knowledge, my merely the chemical weapons treaty, know-how and defensive gear with un- friend has not voted on the floor for an which I will speak to in detail, and why worthy regimes? That is precisely the arms control agreement, ever. this treaty is such a good treaty. But it question before the U.S. Senate today. Although the Senate overwhelmingly is well beyond that. It is well beyond We can ratify the CWC with these passed the START Treaty negotiated that. key protections in place. But if the ad- by Ronald Reagan—‘‘trust but verify’’ Over the course of two decades and ministration insists on stripping them Reagan—my friend from North Caro- three administrations, the United out, taking them out, then they will lina voted against it because he did not States of America has led—has led—the have invited the Senate to refuse to think it was verifiable. Ronald Reagan world in developing a comprehensive ratify the chemical weapons treaty. It thought it was verifiable. Ronald treaty designed to outlaw chemical is up to them. Unless we include pro- Reagan, who said ‘‘trust but verify,’’ he weapons. Now, less than a week before tections on these issues, any agree- negotiated the treaty. He sent it to the this treaty goes into effect, with or ment we have reached on other matters U.S. Senate. We voted for it. Senator without the United States of America, amounts to little more than adding HELMS did not. the world watches to see what the sweetener to hemlock. They may make I do not say this as a criticism but an world’s greatest deliberative body is the treaty easier to swallow, but it re- observation. Because if you listen to going to do. I mean, it sounds a bit mains, Mr. President, just as deadly as Senator HELMS, it makes it sound as melodramatic, but it is literally that ever before and just as injurious to the though he is just like Ronald Reagan. serious. It is that fundamental. national security interest of the United Well, he is not like Ronald Reagan. This treaty is going into effect no States of America. Bush finally concluded the START I matter what happens, because the way Mr. President, we know Senators agreement, but it was Reagan who had the treaty is, if over 65 nations signed plan to address important aspects of negotiated it. Reagan supported the on to it, it automatically goes into ef- this convention; therefore, at this time START I agreement. President Reagan, fect 6 months later. So whether we I shall defer to my colleagues who may I understand, supported the START II vote for it or not, a total of 74 nations wish to discuss this convention in agreement. Senator HELMS voted of the world have now said, ‘‘This is a greater detail, beginning with my dis- against both of them because he did good treaty. We sign on to it. We com- tinguished friend, Senator BIDEN. not believe they were—and I believe he mit to it.’’ So it is going into effect. For the reasons I have discussed and meant it—he did not believe they were What is it going to look like, as the for the reasons that Senators will hear in the security interests of the United world watches us—and, believe it or in the hours ahead, obviously, I am States of America. not, they watch us; the American pub- strongly urging the Senate to oppose So again the reason I mention it is lic may not watch us a lot here in the any amendments to strike key protec- that you will hear a lot of appeals to Senate but the rest of the world is tions from the resolution of ratifica- authority today. You will hear a num- watching—when the possessor of the tion. ber of ad hominem arguments and a one of the two largest stockpiles of Mr. President, I thank the Chair and number of infallible arguments in- chemical weapons in the world, who I yield the floor. voked on the floor of the Senate today unilaterally agreed to destroy those Mr. BIDEN addressed the Chair. by all of us. It is a debating technique. weapons—us—when we do not ratify a April 23, 1997 CONGRESSIONAL RECORD — SENATE S3471 treaty that 74 nations have already attackers in World War I. But within 8 civilians in Iraqi Kurdistan following a ratified? days, gas masks were made available to cease-fire in the war with Iran. But there are the anti-arms control- the allies and, thereafter, in World War In August 1988, Saddam launched his lers who believe there has never been I, the use of poison gas as a method of final offensive against dozens of vil- an arms control agreement that is warfare was not especially effective as lages, killing hundreds and causing worth having. I respectfully suggest compared to the primary weapons of tens of thousands to flee to neighbor- that the Senator from North Carolina artillery and machine guns. But ‘‘ter- ing countries. A staff report prepared is among them. rible beauty had been born,’’ to para- for the Senate Foreign Relations Com- He stood up on the floor when we phrase Yeats—poison gas had been mittee by our present Ambassador to were debating this before it came on used. Croatia, Peter Galbraith, was based on the floor, and he said, quoting some- As a weapon of terror, poison gas interviews with survivors. He described one, that America ‘‘has never lost a continued to be exceedingly effective the atrocities in vivid detail in that re- war, nor has it ever won a treaty.’’ in World War I and had an appalling ef- port: ‘‘The bombs’’—meaning the Remember, that is what this is fect on its victims along the front chemical bombs—‘‘did not produce a about. This dividing line is between lines. Soldiers in trenches knew all too large explosion, only a weak sound people who believe that there is no way well the terror and horror of gas. that could be heard, and then a yellow- in the world you can multilaterally Wilfred Owen, who was killed in action ish cloud spread from the center of the sign on to anything because you can- in 1918 described the terror in his poem, explosion. Those who were very close not trust anybody; the only thing we ‘‘Dulce et Decorum Est.’’ I would like to the bombs died almost instantly. Those who did not die instantly found can trust is ourselves. Therefore, what- to read from that poem. ever we do, do it unilaterally. Senator it difficult to breathe and began to Gas! Gas! Quick, boys!—An ecstasy of fum- vomit. The gas stung the eyes, skin, HELMS has never voted for an arms bling, and lungs of the villagers exposed to it. control treaty on the floor of the U.S. Fitting the clumsy helmets just in time, Many suffered temporary blindness. Senate, including the ones negotiated But someone still was yelling out and stum- After the bombs exploded, many villag- by Nixon, Ford, Carter, Reagan, and bling, ers ran and submerged themselves in Bush. We have all been here for all And floundering like a man in fire or lime. nearby streams to escape the spreading those Presidents. Dim through the misty panes and thick green light, gas. Many of those that made it to the I am not being critical. I just want to As under a green sea, I saw him drowning. streams survived. Those who could not make you understand the dividing line In all my dreams, before my helpless sight. run from the growing smell—mostly here. This is not about the little pieces. He plunges at me, guttering, choking, drown- the very old and the very young—died. This is about whether or not you think ing. The survivors, who saw the dead re- we can have any kind of multilateral If in some smothering dreams, you too could ported that blood could be seen trick- agreements relative to controlling any pace ling out of the mouths of some of the Behind the wagon that we flung him in, kind of arms. bodies, a yellowish fluid could also be Our friend from Arizona, the distin- And watch the white eyes writing in his face, seen oozing out of the noses and guished Senator, Senator KYL, intro- His hanging face, like a devil’s sick of sin; If you could hear, at every jolt the blood mouths of some of the dead. Some said duced a unilateral effort to stem chem- the bodies appeared frozen. Many of the ical weapons. It was great, but it does Come gargling from the froth-corrupted lungs, dead bodies turned blackish blue.’’ not affect any other nations. No one Obscene as cancer, bitter as the cud Saddam’s outrageous act, unfortu- else signed on to it. That is sort of the Of vile, incurable sores on innocent tongues, nately, prompted only muted response mantra you get from our friends who My friend, you would not tell with such high from the world community. One of the oppose arms control—we can do it our- zest. few sounds of protest came from this selves. But how can we control the rest To children ardent for some desperate glory, body, where Senator Claiborne Pell, of the world unless they are part of an The old Lie: Dulce et decorum est, Pro patria mori. now retired, and the chairman of the agreement that we are part of? committee, Senator HELMS, promptly The real issue is, will we remain in Translated, it means: It is sweet and introduced legislation to impose sanc- the forefront of the battle to contain fitting to die for the fatherland. tions against Iraq. The bill sailed weapons of mass destruction, the pre- The international revulsion against through the Senate on a voice vote the eminent security threat of this era, or the use of poison gas in World War I led day after it was introduced. Unfortu- will we retreat from the challenge and the United States, once again, to press nately, the Reagan administration, at be lulled into believing we can combat for an international agreement ban- that time still operating under the de- this scourge of chemical weapons on ning the practice. The result, in 1925, lusion that it could deal with Saddam, our own? I know what the answer to was the Geneva Protocol, which pro- denounced the chairman’s bill as pre- that is. The answer is: We cannot do it hibits the use in war of poison gas and mature and later succeeded in blocking on our own. I hope the Senate will an- bacteriological weapons. For much of its enactment in the final days of the swer in the affirmative that we have to this century, with a few exceptions, 100th Congress—a fact we tend to for- do this globally. this norm was honored. During the get. But before we face that moment of Second World War, where restraints Saddam’s atrocities, although not a decision sometime tomorrow evening, were hardly the rule, no party saw fit violation of the Geneva Protocol—you we are going to spend 2 days in debate to violate the norm. Even Adolf Hitler know, it wasn’t a violation of the Ge- here, and we are going to vote when I obeyed it, although presumably not out neva Protocol. That Geneva Protocol move to strike five specific conditions of any sense of honor, but out of fear of only banned the use of chemical weapon the Helms proposal that is before allied retaliation. Hitler’s restraint on ons in war. This was not a war. So the us. the battlefield, unfortunately, did not irony of all ironies is that the first guy As we commence this debate, I think carry forward to the concentration to use poison gas since the Italians in it is instructive to briefly trace the camps where he used gas to slaughter Ethiopia in the 1930’s, didn’t even vio- history of the problem of poison gas defenseless innocents, millions of late the Geneva Protocol. It was used and the efforts of the world community them. in the Iran-Iraq War, which was a vio- to address the threat. The norm contained in the Geneva lation because that was international Today is April 23. And 82 years ago, Protocol eroded considerably in the war. almost, today, 82 years ago yesterday, 1980’s, when both parties in the Iran- The Geneva Protocol bans the use of April 22, at 5 o’clock in the evening, a Iraq War employed gas during a war of chemical weapons in warfare, and the green cloud boiled up out of the east attrition that ended in stalemate. The extensive use of gas in the Iran-Iraq near the town of Ypres in Flanders. use of chemical weapons in that war War was banned but still occurred. The modern use of chemical weapons provided no significant breakthroughs Ironically, it had a positive effect, Mr. had begun. On that day, the use of on the battlefield, but it did give Sad- President. They catalyzed the negotia- chlorine gas achieved a significant tac- dam Hussein an idea, and that idea was tions in the Conference on Disar- tical advantage for the German to use poison gas against defenseless mament on strengthening the Geneva S3472 CONGRESSIONAL RECORD — SENATE April 23, 1997 Protocol, which were already under- ated by Reagan, concluded by Bush. be. This is the treaty. It is quite de- way. President Reagan gave the effort This week, we can continue that Re- tailed in its several provisions upon a very important push—that is, the ef- publican legacy by giving the Senate’s which there will be specific debate over fort to deal with containing chemical consent to ratification of the Chemical the course of the next 2 days. But, for weapons—during his annual address to Weapons Convention. So this is not a the moment, let me highlight the rea- the U.N. General Assembly that fall, product of anything other than the in- sons why this treaty will advance our where he urged the parties to the pro- tensive efforts on the part of this ad- national interests. tocol, as well as other concerned ministration to pass a treaty signed by First, the convention addresses two states, to convene a conference to re- a Republican President, of which this key flaws in the Geneva Protocol—that view the deterioration of respect of the President did not change a single word, is the thing that outlaws the use of norm against the use of chemical weap- did not have one bit of input on. The chemical weapons in international ons. only input the present President had is war—which focused on a single wrong. France obliged President Reagan by on seeking the Senate’s approval. Had The Geneva Protocol focused on one hosting a special conference in January President Bush been reelected, it would thing. It banned the use of chemical 1989. Eighteen months later, Saddam be real clear that this is a total Repub- weapons in international armed con- Hussein struck again by invading Ku- lican product, which is a good thing, flict, period. A good thing, but not wait this time. But this time the inter- not a bad thing. The reason I am both- nearly enough. national community, led by President ering to say this is, if you listen here, The reason we need this treaty: The Bush, reacted forcefully to Saddam’s you hear a lot of confusing talk, be- first reason is the Geneva Protocol latest outrage. Thankfully, chemical cause some of my Republican friends doesn’t ban the internal use of chemi- weapons were not used in the gulf war, understandably aren’t real crazy about cal weapons, and it says nothing about although Saddam suggested he might President Clinton, you will hear this stockpiling the development of or the do so. And an Iraqi weapons depot con- talked about, saying the President did production of chemical weapons. taining such weapons was destroyed by this and that, and the President prom- Today, roughly 20 countries are be- coalition forces after the war. Iron- ised this or that. This President had lieved to either possess chemical weap- ically, the only reported exposure to nothing to do with this treaty, zero, ons or have a program aimed at acquir- poison gas for allied troops resulted nothing. In getting it ratified, he has ing such weapons. Included on this list from an Iraqi stockpile that was per- been tremendous in helping that proc- are such pariah states as Iraq, Iran, fectly legal under international law. ess. So I do not want anybody getting Libya, or North Korea. Under current The only thing illegal is to use it in confused here. If you do not like this international law there is nothing ille- international conflict—not to manu- treaty, dislike it for a good reason. gal about these programs—nothing, facture it, not to stockpile it, and not Don’t dislike it because you do not like zero, nothing illegal about these pro- to use it internally. the foreign policy of Clinton or you do grams. The Chemical Weapons Conven- The specter that chemical weapons not like the domestic policy of Clinton tion will make them illegal and thus might have been used in the gulf war, or you do not like President Clinton. serve to isolate those who ignore this however, gave a new urgency to the ne- This is a Republican treaty, born and international norm. gotiations on the Chemical Weapons bred. My friends will later point out today Convention. In May 1991, President By the way, I think it is one of their and tomorrow that unless these coun- Bush who, as Vice President, had first proudest achievements. I think it is a tries all ratify and become signatories, proposed the draft treaty in 1984 on be- fine thing, and they deserve the credit. we should not. Let me explain to you But let’s not get into these—you will half of President Reagan—so Reagan why it is equally important that we de- hear these ad hominem arguments this proposed the first draft—President termine who is inside the norm and day about this liberal President did Bush announced several steps that who is outside the norm. The conven- this liberal thing; we got sucked in by spurred the negotiations to a success- tion will provide a moral, if not legal, these all-knowing and smarter nations ful conclusion. Specifically, he de- to get us to do these things with the basis for taking military action clared that the United States would treaty. Malarkey. Bush and Reagan against a chemical weapons program forswear the use of chemical weapons said we are not going to use any chemi- that poses a threat to peace whether or against any state, effective when the cal weapons; we are going to destroy not that nation is a signatory to the Chemical Weapons Convention enters our stockpiles; whether there is a trea- convention. Let me explain what I into force. Additionally, the United ty, or not, we will put that in the legis- mean by that. States committed to destroy all its lation; we are going to destroy our Let’s assume that North Korea or chemical weapons stockpile. stockpile. They negotiated a treaty Libya never entered this convention. So I want to get something straight and sent it up here. Unfortunately for Let’s assume we enter it and the other here. Whether or not we are members President Bush, he was not reelected. nations who have signed it enter it. of this treaty and have the benefits, we So it is left on the watch of this Presi- Let’s assume that number, which I are going to destroy our chemical dent to get it ratified. There are the think is realistic to assume, gets closer weapons anyway. We have already de- facts. to 100. Let’s assume Libya, that we find cided to do that. We have already The question still remains, though, out, or are able to demonstrate to the pledged to do that. President Bush regardless of who negotiated this trea- world through this international group pledged that once the convention went ty, why do we need it? The answer still, of inspectors or through our own na- into force, we would also forswear the in essence in my view, is very simple. tional technical means, that Libya is use, period. The Bush proposal, made Notwithstanding the Herculean efforts producing and stockpiling chemical at the time, had the desired effect. of my friend from Arizona, Senator weapons. Even though they have not Within months, the negotiations on the KYL, who is on the floor, we cannot signed onto the treaty, let’s assume Chemical Weapons Convention were contain the threat of chemical weapons that we conclude that we should take completed. The treaty was signed by on our own. Let me repeat that. We military action to take out that capa- Secretary of State Eagleburger on Jan- cannot contain the threat of chemical bility—‘‘take out’’ meaning bomb it, uary 13, 1993, 1 week before President weapons on our own. I would love it if destroy it, get rid of it—I believe, and Bush left office. we could. It should be obvious that our I predict that you will see the world Now, Mr. President, this review of objective of combating the global community sanctioning that action, at the history of the Chemical Weapons threat of chemical weapons cannot be a minimum by their silence and prob- Convention is necessary not only to set met without working in concert with ably with an overwhelming degree of the stage for this debate, in my view, other nations. We may be the world’s support. but also to rebut the myth which has lone superpower, Mr. President, but But let my ask it another way. Let’s arisen in some quarters that this is that does not empower us to solve the say we don’t sign onto this treaty. President Clinton’s treaty. This is chemical weapons problem on our own. Libya develops a significant stockpile President Bush’s treaty and President Mr. President, the convention is of chemical weapons. We identify it, Reagan’s treaty. The treaty was initi- quite detailed, as it necessarily must show the world, and decide we are April 23, 1997 CONGRESSIONAL RECORD — SENATE S3473 going to take it out. What do you than agriculture. We can’t trade. We tion that helped North Korea build think will happen then? Do you think will have tariffs put up against us in chemical weapons. there is any reasonable prospect the other countries. Technically, not all trade in the world will coalesce around our effort to Why do we do that? We, the United chemicals on what they call schedule 2 protect us and the rest of the world? I States, President Bush did that be- of this treaty would be banned imme- respectfully suggest to you that there cause we were so sure that we would diately if we do not sign on, and trade is not a chance. So this is a significant sign on and see the wisdom of this. We in schedule 3 chemicals, would also not inhibitor even to those nations that do wanted to make sure that countries be banned immediately. But trade be- not sign onto the treaty because it es- who didn’t sign on suffered a penalty tween countries that ratify and coun- tablishes an international norm. for not signing on. tries that don’t in all of those chemi- The second reason why this treaty is So now, if we vote this voice vote cals that appear in schedule 2 will be important is that the Chemical Weap- which we are going to have after our banned in 3 years, and in schedule 3, ons Convention provides this strict re- caucuses, as Senator HELMS proposes, possibly in 5 years. That means that, if gime for controlling trade in precursor guess what? We kill the treaty and our we are not signed onto that at the chemicals used in making chemical chemical industry, and the jobs associ- front end or along the way, all those weapons because chemicals commonly ated with it will be in real trouble. chemicals that have legitimate uses used in industry are also able to be But remember why that was put in could not be sold for legitimate pur- used to produce chemical weapons. The there. It was put in there because we poses without the chemical company only way to effectively control chemi- want to track chemical trade. You being at a distinct disadvantage with cal weapons on a global basis is to pro- know everybody is watching the Timo- the competitors in Europe and else- vide a strict control and monitoring re- thy McVeigh trial. You don’t have to where. garding the commercial trade in these be a rocket scientist or an expert in The third reason we need the Chemi- kinds of chemicals that can ultimately chemicals to know that one of the cal Weapons Convention is that the produce chemical weapons. Accord- things the prosecution is trying to do United States has already decided by ingly, the convention provides several is they are trying to find out whether law—voted on in this body—to destroy mechanisms, including annual report- he purchased any material that could most of our chemical weapons stocks ing by companies and export controls, be used to make the bomb. So they are anyway, a decision jointly made by the to track the chemicals. Parties which trying to find a chain. They are trying Congress and, guess who, ‘‘trust but do not join the treaty will be left on to work their way back. That is the verify’’ Reagan. In the 1980’s, President the outside of the system subject to way you stop the building of chemical Reagan, after consulting with his mili- cutting off trade in those certain weapons. If you are going to go make tary advisers, said, look, these chemi- chemicals, along with other restric- chemical weapons, you need certain cal stockpiles, the hundreds and hun- tions that the convention will impose. chemicals. Countries like Iraq and dreds of tons of chemicals weapons Failure to ratify the convention will countries like Libya don’t have them. that we have stockpiled in the United in time impose onerous costs on any They need to buy them from someplace States, have little or no efficacy. Our chemical industry in any state that that manufactures them and then go military tells us we don’t need them to does not sign, including our own. In our make their chemical weapons. defend against other nations that use case, it will be the loss of—at mini- So another inducement to prevent chemical weapons, and we don’t need mum—hundreds of millions of dollars the construction of chemical weapons them for offensive purposes and they in lost export earnings annually. This is that we track the material that are unstable, so we are going to inde- financial loss would be a cruel irony could be used, components, to make pendently destroy them. And we passed because the United States pushed to the chemical weapons. If company offi- a law saying you are right, Mr. Presi- put these controls in the treaty. cials know they are going to be violat- dent Reagan, destroy them. Do you all remember when we were ing the law if they don’t record that So think of the irony. We are going trying to track down who sold the they sold 10 barrels of such and such, to destroy our chemical weapons no technology and the material to the that is one side of the sanction. But matter what, and we may not join a Iraqis to build their nuclear and/or they also know that, if they sell it to treaty that requires other nations to chemical capability? Remember all of countries that use it to produce poison destroy their chemical weapons. that? We tried to track down, and we gas, and report it, then they are going After the gulf war, President Bush tracked down some German companies to be responsible in the world’s eyes. announced that we would destroy the which had provided the engineering What do you think would happen if rest of our chemical weapons other and other companies from France, and we knew today each of the chemical than the ones that President Reagan other countries had provided some of companies around the world that sold said we are going to destroy anyway. the material, et cetera. to Iraq the components of the chemical Then President Bush, after the Gulf Guess what? It is important to know weapons that they used against the war, said we are going to destroy any- who is selling what. Any outfit that Kurds? What do you think would hap- thing that is left once we ratify the signs onto this treaty could not sell pen if we are able to identify company chemical weapons treaty. without reporting in detail what they A, B, C, and D? I bet you that there There is a connection here. I used to sold to each of these countries who are would be a serious change in attitudes practice law with a guy who was a very signatories to the treaty. Guess what? on the part of those companies. good trial lawyer, Sidney Balick, still a If you don’t ratify the treaty and you There is no reason to believe this, great trial lawyer. He would stand be- sell certain chemicals abroad, you will but let’s assume that we identified fore a jury, teaching me how to do jury be unable to sell them to the countries American corporations which had sold trials, and he would look at the jury that have ratified, including our larg- the material to the Iraqis to build their and say now look, it is very important est trading partners. Chemicals are our chemical weapons stockpiles. I will lay you keep your eye on the ball here. The single largest export. OK? I know peo- you 8 to 5 that the Senators on the issue is whether or not my client ple who think I am a little prejudiced floor of this Senate and Congressmen robbed the store, not whether my cli- on this because I come from Delaware, in the House of Representatives would ent is a nice guy, not whether or not occasionally referred to by some face- immediately be introducing legislation you would want my client to go out tiously as ‘‘The State of DuPont.’’ to sanction those companies, and those with your daughter, not whether my Chemicals and the chemical industry companies would know that was about client is well dressed, not whether my make up 51 percent of the industrial to happen to them. client is nice looking. It is about products of my State. If we do not sign So you see the logic here. If you can whether or not he robbed the store. So onto this treaty, we are in real trouble trace the chemicals being sold to keep your eye on the ball and connect because then we can’t trade our chemi- produce the weapons, you inhibit the the dots. cals. We can’t trade certain chemicals, likelihood that any company will sell Well, one of the things we have to do which is our State’s biggest export and that precursor because they don’t want is keep our eye on the ball here and which produces the most jobs, other to be listed as the company or the na- connect the dots. One of the reasons S3474 CONGRESSIONAL RECORD — SENATE April 23, 1997 why President Bush said we will de- As the Senator from Indiana and I and look at their companies, look at stroy the rest of our chemical weapons tried to answer each of the arguments their facilities, challenge whether or was to help get ratified this treaty that of the opponents of this treaty, we re- not they are in fact lying to us. We do we were the major architects of—a Re- alized that by answering one we make not get to be part of that. We have to publican President. And so because we their other argument. They argue at do it from a distance. have already decided to dismantle our cross-purposes. For example, you will Now, how does that help us? No mat- chemical stockpiles, this convention hear some stand up one moment and ter how weak you think the inspection we are talking about, this treaty will say this treaty is not adequately verifi- regime is, how are we better off in our ensure that other nations do so as well. able. And we say OK, we have an in- ultimate objective—and that is finding As Secretary of State Albright said: spection regime that allows you to go and getting rid of chemical weapons ‘‘This treaty is about other people’s into plants in other countries, chal- programs around the world—how are weapons, not our own.’’ lenge inspections without notice, et we better off by not having access to Let me repeat that. ‘‘This treaty is cetera. They say, well, it is not enough. the inspections that we could be part of about other people’s weapons, not our It is not enough. And we say OK, want conducting if we are part of the treaty? own.’’ We are going to destroy our own to do more? They say, no, no, no, no, In my view, every single criticism anyway. This is about other people’s we can’t do more. We don’t want to do you will hear of this treaty is worse weapons. You are going to hear our col- more. We don’t want to verify. without the treaty. Every single prob- leagues stand up and say, you know, we Why don’t we want to verify? Be- lem you will hear raised is worse for should not ratify this treaty, although cause to verify intrudes upon your sov- the United States if we are not in the it has been signed by Russia, until it is ereignty. treaty. I will not take the time now to ratified by their Duma, their Congress. So you hear a second argument. Sen- go into all of them but this is just one. Now, we are going to destroy our ator HELMS made it. He says, you Since we have to have our intelligence weapons anyway. We then do not ratify know, this treaty will allow people to guys and women find out what other this treaty. Failure to ratify this trea- go into the plants of chemical indus- countries are doing, how are we better ty then gives Russia the excuse not to tries in the United States and pharma- off when we do not give them the tools ratify the treaty. We will have de- ceutical industries—and soap manufac- that this treaty provides to find out stroyed all of our chemical weapons turers, which is not true—and steal what other nations are doing. and Russia will still have millions of their trade secrets. So someone is This view is confirmed by George tons of stockpiled chemical weapons. going to challenge the DuPont Co., the Tenet, the acting director of Central Now, isn’t that smart. Isn’t that smart. international community, saying we Intelligence, who testified: What are we talking about here? This think you are making chemical weap- In the absence of the tools that the Con- is about other people’s weapons, not ons. So this team of inspectors will go vention gives . . . us, it will be much harder ours, not ours. into the DuPont Co., they will have us for us to apprise . . . the military and policy- The conclusion that we do not need believe, and they will root around the makers (about) developments. chemical weapons to protect our mili- DuPont Co.’s books and look at all Developments meaning chemical tary superiority, by the way, is based their patents and look at everything weapons. Of course, there are going to not on some reckless idealism but on and steal their trade secrets, take be cheaters. But the extensive verifica- hardheaded pragmatism on the part of them back to Iraq and now make nylon tion regime will surely raise the stakes the Joint Chiefs. Military leaders like or make Corfam, which no one uses considerably for cheaters and act as a Gen. Norman Schwarzkopf, Gen. Colin anymore. And we say, well, to the de- deterrent. Powell, former Secretaries of Defense gree we protect against that, we lessen Ron Lehman, the Director of the Harold Brown and William Perry tell Arms Control and Disarmament Agen- us that we do not need chemical weap- the ability to verify. And to the degree we increase the verification, we can cy under President Bush and the Dep- ons to defeat any potential adversary uty National Security Adviser under whether or not that adversary is armed protect less against that. The truth is neither are real. There is President Reagan, stated: with chemical weapons. We can engage an entire regime built into this conven- We do not have the highest confidence that in massive retaliation. we will detect cheating, but the cheater This treaty, by the way, is also en- tion that will prevent anybody from being able to steal any trade secrets. must still worry that we might. Should we dorsed by several highly respected vet- deny ourselves the strategic warning that erans organizations. The list includes But the point is you will hear these ar- comes from the detection of indications of the Reserve Officers Association, the guments. Ask yourself as this debate is chemical weapons activity, even if there is Vietnam Veterans Association, the going on, if they are really concerned not complete proof? With the inherent dif- Veterans of Foreign Wars, and the Jew- about verification, why do they not ficulties in monitoring chemical weapons ac- ish War Veterans of the United States. want a greater ability to verify. And if tivities, we need all the help we can get. Of course, Mr. President, we have to they are really concerned about the Mr. President, it comes down to a maintain a capacity and capability to loss of proprietary business interests simple question. Given that the treaty defend against chemical weapons, and secrets, why do they not under- will enter into force next week without against parties that may choose not to stand that they really do not want to regard to our action, will we be better join the treaty or those which do not verify. off inside the treaty or outside the abide by its norms. But the danger that With or without the treaty, Mr. treaty grouped with the pariah na- our forces will face chemical attack President—this is a key point—wheth- tions? I believe the answer is abso- will in time be greatly reduced once er we sign this treaty or not, the Unit- lutely clear. We should be on the inside this treaty is passed. So too will the ed States intelligence community, the helping to implement the treaty that threat that innocent civilians will be defense intelligence establishment, the can be a powerful instrument in con- subject to such attacks by rogue CIA, our entire intelligence apparatus, taining the threat posed by chemical states. is still going to have the duty to mon- weapons. It is not perfect, but we The fourth reason we need this con- itor chemical weapons programs in should not let the perfect be the enemy vention is because it will greatly en- other States. The President will de- of the good. This is a good treaty and hance our ability to detect and deter mand no less, nor would we as a Na- the Senate should consent to its ratifi- chemical weapons programs. Through a tion. So no matter what we do, we are cation forthwith. detailed accounting procedure and an still going to be attempting to monitor Before we go to the final vote on the elaborate regime of on-site inspection, through any means we can what is treaty itself, however, we will have a the most intrusive inspection regime of going on in Iran with regard to chemi- full day of debate and then tomorrow any arms control agreement ever nego- cal weapons or Iraq with regard to consider the various conditions con- tiated, the Chemical Weapons Conven- chemical weapons, whether or not we tained in the proposed resolution of tion will strengthen our ability to en- verify. But what happens if we do not ratification. As provided for in the sure compliance. verify? Well, if we do not verify, then unanimous consent agreement reached You are going to hear another argu- we do not get the ability to go into last week, we will consider two sets of ment which I kind of find fascinating. Iran, a signatory to this convention— conditions. The first is a group of 28 April 23, 1997 CONGRESSIONAL RECORD — SENATE S3475 conditions upon which all the parties As I said, as provided for in the unan- oratories, thus reducing the risk of the have negotiated. imous-consent agreement reached last loss of proprietary information to for- Senator HELMS laid out how long and week, we will consider two sets of con- eign espionage. hard he and I negotiated. I asked him ditions. The first is a group of 28 condi- Conditions No. 2, 3, and 4, which hold and all opponents, I said list the entire tions, upon which all parties to the ne- down U.S. costs under the convention universe of objections you have to this gotiations agree. The second is a set of and require establishment of an inspec- treaty, every single, solitary, conceiv- five conditions that remain in dis- tor general for the body that will im- able reason to be against the treaty. agreement among the parties; these plement it. And after months they listed them all. five will be the subject of a separate A condition [No. 5] which establishes It came to 33 there was no agreement debate and vote tomorrow. strict standards for the sharing of U.S. on. I sat down with Senator HELMS and The 28 agreed conditions are the intelligence information. we worked out agreement on 28 of the product of hours of negotiation that And a condition [No. 14] which re- 33. Hear what I said, 28 of the 33. I occurred in two complimentary phases. jects any attempt by Russia to link its asked every argument of the treaty; The first involved discussions between own ratification of the CWC to the re- list it; let me try to answer it for you— the administration and a task force of ceipt of U.S. assistance for chemical every single one. So the entire universe Republican Senators established by the weapons destruction. of objections comes down to 33. We majority leader. The second involved Some treaty opponents have at- agreed after laborious negotiations on extensive negotiations between the tempted to characterize these achieve- 28 of the 33, leaving five in disagree- chairman of the Foreign Relations ments as relatively minor. That is ment. Committee and me. hardly the case. We are going to, at some point, move At this point, I would like to express For example, throughout the debate to adopt all 28 of those by voice vote. my personal appreciation to the chair- on the convention, opponents have con- But that leaves the five, the five that man of the Foreign Relations Commit- tended that it would violate the fourth are killer conditions. tee, and his able staff, for engaging in amendment prohibition against unrea- Mr. MCCAIN. Will the Senator yield hours of discussions with me and my sonable searches and seizures. Though for a question? staff. Throughout the past few months, this was never the case, condition No. Mr. BIDEN. Sure. we held over 40 hours of meetings. Al- 28 makes it explicitly clear that search Mr. MCCAIN. Was the Senator aware warrants will be required whenever that Senator Dole, former majority though we did not always agree—obvi- consent is withheld for an inspection. leader, has just announced his support ously, we would have been here on the Similarly, CWC opponents have fre- of the treaty with the changes that floor a lot sooner if we had—the discus- quently criticized the Clinton adminis- have been made, which the Senator sions were carried out in good faith, tration’s decision to interpret the con- from Delaware was able to achieve in and the Senator from North Carolina vention as requiring modifications to this agreement? I think this is a very was always a gentleman. important expression of support and I would also like to pause here to ex- U.S. policy, codified in Executive Order one that I feel will be very much repress my appreciation to the majority 11850 of April 8, 1975, on the use of riot spected by our colleagues on both sides and minority leaders, who spent many control agents by U.S. forces in certain of the aisle. hours on this over the past few months, situations. Also, I was curious, for purposes of and to the President, the National Se- Condition No. 26 states, unequivo- the time, how much longer the Senator curity Adviser and his dedicated team, cally, that Executive Order 11850 shall from Delaware statement will be? and the Secretary of State, for all their not be altered or eliminated. Mr. BIDEN. I will just take a few efforts in trying to forge common In short, many arguments about the more minutes and reserve the remain- ground and narrow the issues. treaty’s perceived flaws are simply no der of my time. But let me answer the And we have narrowed the issues con- longer valid in light of the agreed con- question. As the Senator from Arizona siderably. The negotiations succeeded ditions contained in Senate Executive stood up to tell me that, my staff just in addressing many key issues of con- Resolution 75. handed me the news release. I was not cern. Let me elaborate briefly on these Unfortunately, our success in ad- aware until he just told me, but it does conditions. dressing so many concerns has not not surprise me and it pleases me a Among the 28 agreed conditions are been enough for some treaty oppo- great deal. You and I worked with Sen- the following: nents. They insist on voting on five ex- ator Dole for a long time, I for 24 years, A condition [No. 28] ensuring that treme conditions, which, if adopted, and have great respect for him. I was fourth amendment rights will be pro- will prevent the United States from absolutely convinced that the condi- tected by requiring search warrants in ratifying the convention or will signifi- tions that we agreed on would take cases where consent to search a facility cantly undermine the convention. care of every conceivable problem he is not granted. An opportunity to vote on these ex- had with the treaty. I think it does for A condition [No. 26] providing for the treme conditions was coupled with a everyone, frankly. continued use of riot control agents by refusal to give the supporters of the I know my friend from Arizona was U.S. troops to save lives when rescuing treaty an opportunity to offer any sub- very concerned about several provi- pilots or when attacked by both com- stitutes. sions of this treaty. He has been deeply batants and civilians. So we will be left with one course—to involved in the negotiations relating to Several conditions which augment vote against the conditions offered by this, and I think we have taken care of existing protections for industry, in- the opponents of this treaty. I regret every condition that can possibly be cluding: No. 9, which requires an an- that outcome—but that is the hand we dealt with, without killing the treaty. nual certification that the CWC is not have been dealt. The remaining five conditions are significantly harming legitimate com- During the next 2 days, we will de- conditions that cannot be met and will mercial activities; condition No. 16, bate these five conditions, and at an kill the treaty. So the reason we could which adds teeth to the convention’s appropriate time, I will discuss them in not agree to the last five is they are provision on protecting confidential detail. Let me now address a few of what we call, in the parlance of the business information by withholding them briefly. Senate, ‘‘killer amendments,’’ or ‘‘kill- U.S. contributions to the Organization First, the opponents of the conven- er conditions.’’ for the Prohibition of Chemical Weap- tion will argue that we shouldn’t join But I am very pleased, as I say, not ons—the body that will implement the the convention until Russia, as well as surprised. Because in all the years I treaty—if an employee discloses infor- several countries with offensive chemi- have worked with Senator Dole I have mation that results in financial loss to cal weapons programs, do so, too. We had the greatest respect for him and I a U.S. firm; the money will be withheld will have 2 hours of debate on these is- have no doubt that he has thought until the immunity of that employee is sues tomorrow, but for now let me just about this long and hard. I am glad to waived; and condition No. 18, which say this: this approach holds American see he has spoken out, now, which is prohibits samples collected from U.S. policy hostage to the decisions of other very important. firms from being taken to foreign lab- nations, which is not only bad policy, S3476 CONGRESSIONAL RECORD — SENATE April 23, 1997 but it also undermines our claim to compliance issues. We have estab- Senator from Arizona, Senator international leadership. lished, in condition No. 13, a mecha- MCCAIN, for a very important an- Opponents will also say that even if nism for ensuring that the President nouncement. I have in front of me the the rogue states join, the treaty won’t promptly pursues potential violations statement given by Senator Dole at the be worth much because they will cheat. that threaten our national security in- White House. I point out the context of To this charge, there is an easy answer, terests. this statement was a meeting with provided by our Secretary of State: to Aside from these concrete conditions, Senator Dole and President Clinton, in say that we shouldn’t try to make however, our experience with other which these two statesmen came to- chemical weapons illegal because there arms control agreements demonstrates gether this morning for a very impor- will be cheaters, is like saying that we that the political commitment re- tant purpose, namely to say to Amer- shouldn’t have laws because people will mains, and that the dangers of compla- ica, in a unanimous way, the Chemical break them. cency are greatly exaggerated. Weapons Convention is important for Next, you will hear the argument Nearly 30 years ago, we signed the our security. that we must amend article XI of the Nuclear Non-Proliferation Treaty amid Senator Dole stated: treaty, or else it will lead to the end of predictions that dozens of states would Last September, the Senate Majority export controls on dangerous chemi- have nuclear weapons within a decade. Leader, Trent Lott, asked me to express my opinion on the Chemical Weapons Conven- cals. This argument is based not only Today, we are more concerned than tion. In my response, I raised concerns about on a flawed reading of the treaty text, ever about the threat of nuclear pro- the Chemical Weapons Convention and ex- but on a willful ignorance of commit- liferation, the Non-Proliferation Trea- pressed hope that the President and the Sen- ments already made. ty has been extended permanently, and ate work together to ensure that the treaty The CWC is completely consistent just a handful of states have the bomb. is effectively verifiable and genuinely global. with continued enforcement of existing During the 1980’s, we had constant They have, and as a result, 28 conditions to controls enforced by the Australia debates about whether the Soviet the Senate’s Resolution of Ratification have been agreed to. These 28 agreed conditions Group, an informal alliance of supplier Union was complying with its obliga- address major concerns. countries. tions under the Anti-Ballistic Missile I commend Senator Lott, Senator Helms, Moreover, the 30 nations that com- Treaty. Not once did we let down our Senator Lugar, and many other former col- prise the Australia Group have specifi- guard against the Soviet threat. leagues, as well as President Clinton and ad- cally stated their intention—individ- The thesis that we will be lulled into ministration officials for their constructive ually and collectively—to maintain ex- a false sense of security applies not to efforts, is it perfect—no—but I believe there are now adequate safeguards to protect port controls that are equal to, or ex- the convention, but to the alternative: American interests. We should keep in mind ceed, those in place today. to doing nothing other than strength- that the United States is already destroying Finally, we have added a condition— ening our domestic laws against chemi- its chemical weapons in accordance with leg- condition No. 7—which makes clear our cal weapons—which was all the Senate islation passed more than 10 years ago. The interpretation that we may maintain achieved last week in passing S. 495. CWC would require all other parties to de- export controls, and which requires the Revision of our domestic laws to stroy their stockpiles by April 2007. President to certify annually that the criminalize possession and stockpiling In addition, the Administration has agreed to a number of provisions dealing with rogue Australia Group continues to control of chemical weapons is necessary—with states that remain outside the treaty. the trade in vital chemicals. or without the treaty. But it is a delu- The Senator attaches a letter from Even after all of this debate—and all sion to believe that merely enacting President Clinton to Senator Dole of the voting—I suspect that the oppo- domestic legislation will suffice to dated April 22, 1997, outlining those nents of this treaty will still not be combat an international problem of provisions. And then Senator Dole con- satisfied, even if they succeed in at- this magnitude and gravity. Rather, it tinues: taching killer conditions. That is be- will take close cooperation by the civ- I also understand there is a possibility of cause, at bottom, they have a theo- ilized nations of the world to enforce an additional agreement with respect to logical opposition to arms control. the new international norm set forth in sharing of information. If so, it would fur- That is defensible position. I respect it. the Chemical Weapons Convention. ther strengthen the treaty. I understand that But I strongly disagree with it. Mr. President, as I stated at the out- even with all the added safeguards, not every In essence, opponents of arms control set, the world—and this is no exaggera- Senator, for their own good reasons, will fear that a treaty like this will lull us support ratification. tion—is watching the U.S. Senate As a member of the Senate, I supported the into a false sense of security. This today and tomorrow. They are waiting START I, START II, INF, and CFE treaties proposition, I concede, has considerable for the answer to the question, will we, because they met the crucial tests of effec- force. But I am not persuaded. the United States, remain in the fore- tive verification, real reductions, and stabil- There is, of course, always a risk front of the battle to combat prolifera- ity. If I were presently in the Senate, I would that a nation will lower its guard in tion of weapons of mass destruction? vote for ratification of the CWC because of the face of a reduced threat. But to- the many improvements agreed to. We must answer that in the affirma- Those who may still have concerns can day’s debate is not the end of our ef- tive. Put it another way, does anybody look to Article XVI, which allows with- forts on the chemical weapons problem. believe that 74 nations would have drawal from the treaty on 90 days notice if it To borrow a phrase from Winston signed onto this treaty if they believed fails to serve America’s vital interests. Churchill, it is not even the beginning the United States of America was not There is little doubt in my mind that if this of the end; it is the end of the begin- going to support them? We have led convention increases proliferation of chemi- ning. people down the primrose path, if in cal weapons, it would lead to public outrage From this day forward, if we approve which would compel any President to act. fact we do not sign onto this treaty. The bottom line is that when it comes to this convention, as I sincerely hope we I see that my friend from Indiana, America’s security, we must maintain a will, both the Senate and the executive who probably knows more about the strong national defense that is second to must remain ever vigilant against the chemical weapons treaty than anyone none. threat of chemical weapons—and en- in the U.S. Senate, or maybe anyone in As the Senator has pointed out, we sure that we have an effective conven- the country, has risen. I will be happy, will have in front of the body this tion. if he is seeking recognition, to yield as afternoon, first of all, all 33 conditions, We have added several conditions to much time to him as he believes he including 5 that are killer amend- the resolution of ratification to ad- needs. ments. We must vote those down. We vance this objective. We have made a Mr. LUGAR addressed the chair. will have, then, before us, 28 agreed commitment, in condition No. 11; that The PRESIDING OFFICER (Mr. amendments that Senator Dole has ref- requires the Secretary of Defense to GRAMS). The Senator from Indiana. erenced. We should vote in favor of ensure that U.S. forces are capable of Mr. LUGAR. Mr. President, I thank those, and then proceed in this debate carrying out military missions regard- my colleague from Delaware for a re- to strike the other 5. less of any foreign threat or use of markable speech in favor of the Chemi- We are here today to discuss the rati- chemical weapons. We have required, cal Weapons Convention, and for his fication of the Chemical Weapons Con- in condition No. 10, an annual report on leadership. I thank the distinguished vention. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3477 I say to my colleagues that, in per- will not be truly global. I certainly rec- outside of the treaty. For these reasons, we forming its constitutional responsibil- ognize that a number of problem coun- strongly support the CWC. ities with respect to treaties and inter- tries are not likely to join the CWC. So The CWC will compel other countries national agreements, the Senate has to be it. The CWC will serve to isolate to pass domestic laws criminalizing all reach a judgment as to whether, on them in the international community chemical weapons related activities on balance, U.S. acceptance of the obliga- and compel participating countries to their soil and thereby give them an ef- tions contained in the treaty serves the restrict chemical trade with them. Par- fective tool to deal with terrorists. In national interests of the United States. ticipating countries who may now sup- this regard, it is interesting to note That phrase, on balance, is important, port the chemical weapons prolifera- how quickly Japan ratified the CWC because in arriving at our judgment, tion projects of outlaw states in a vari- after the poison gas attack in the we have to weigh the strengths and ety of ways will be obliged to termi- Tokyo subway. weaknesses of a treaty’s provisions and nate any such help as soon as the trea- Mr. President, I understand well that decide whether the advantages or bene- ty enters into force. In this context, it some have argued that the treaty is fits outweigh any real or potential is important to note that the CWC pro- not completely verifiable and therefore costs. hibits any assistance to another coun- not worthy of U.S. ratification. No— If one believes that the benefits out- try’s chemical weapons program—not the treaty is not 100 percent verifiable weigh the costs, one will write and sup- just chemical transfers. and we who support the CWC do not port one kind of resolution of ratifica- As Gen. Norman Schwarzkopf has argue that it is a perfect and infallible tion that consents to the treaty while said, ‘‘We don’t need chemical weapons instrument. We all recognize that a utilizing conditional language to clar- to fight our future warfares. And dedicated proliferator may be able to ify or minimize perceived weaknesses. frankly, by not ratifying that treaty, conduct a clandestine chemical weap- However, if one believes that the costs we align ourselves with nations like ons program and not be discovered. But of U.S. participation outweigh the ben- Libya and North Korea, and I’d just as that’s not a fair test for an up or down efits, one will write and support a very soon not be associated with those thugs vote on ratification. The CWC will different kind of resolution of ratifica- in that particular matter.’’ complicate life for proliferators by tion. Some of my colleagues have argued making access to technical assistance It is my belief that the Chemical that we shouldn’t ratify the CWC until and supplies more difficult and expen- Weapons Convention, on balance, is in the Russians do so. I disagree. United sive to acquire. The treaty’s verifica- the national security interests of the States ratification of the CWC will put tion provisions cover every aspect of a United States, and thus I believe the pressure on Russia to follow suit since chemical weapons program from devel- Senate should ratify a resolution of they don’t want to be outside of the opment through production, stock- ratification which allows the United broad consensus of the international piling, transfer, and use. States to deposit its instrument of community. However, even if the Rus- The CWC provides the necessary in- ratification and become a state-party sians fail to ratify, the treaty still centives for states who are considering to the CWC. serves United States national interests entering the chemical weapons busi- As Senator BIDEN pointed out, this because we have already made a unilat- ness to refrain from so doing. It pro- international treaty was negotiated by eral decision never to deploy CW, even vides an incremental yet substantial Presidents Reagan and Bush and was if such weapons are used against us. step forward in the fight against the signed by Secretary of State This treaty commits other nations to proliferation of weapons of mass de- Eagleburger in January 1993—just be- do what we have already done. It will struction. fore George Bush left office. make less likely that U.S. forces will The allegation that the treaty is Senator BIDEN was generous in point- face chemical weapons in future con- unverifiable is ironic, given ing out that these were two Republican frontations. fearmongering from the same quarters Presidents, Secretary Eagleburger was On April 4, 16 retired generals and ad- about the treaty’s allegedly draconian a Republican Secretary of State. It is mirals wrote to President Clinton sup- inspection and reporting requirements. appropriate that Senator Dole, as Re- porting the Senate’s consent to ratifi- How can it be both too tough and not publican candidate for President, join cation of the CWC. Gen. Colin Powell, tough enough? How can critics who with President Clinton today, once Gen. Norman Schwarzkopf, Gen. John supported, during the negotiations of again affirming that the CWC is in the Vessey, Adm. William Owens, Adm. the CWC, an inspection regime based best national interests of our country. Stansfield Turner, Adm. Zumwalt and on the principle of ‘‘any time, any- THE NEED FOR THE CWC others joined Gen. Brent Scowcroft and where’’ now argue that the present in- Mr. President, we need as many tools the current Joint Chiefs of Staff in sup- spection regime is too intrusive. as possible to combat the proliferation porting the treaty. They wrote: WHY MUST WE RATIFY NOW of weapons of mass destruction, given Each of us can point to decades of military Mr. President, we should not let the the fact that many countries of con- experience in command positions. We have CWC enter into force without United cern have the capability to manufac- all trained and commanded troops to prepare States participation. In fact, I regret ture these weapons. We need this trea- for the wartime use of chemical weapons and that we have waited as long as we have ty as a global norm whereby nations for defenses against them. We all recognize to debate this treaty. On April 29, 1997, foreswear the use of their domestic ca- the limited military utility of these weap- this multilateral convention will enter pabilities to produce chemical weapons, and supported President Bush’s decision into force whether the Senate has to renounce the use of an offensive chemical ons. In this regard, the CWC is the weapons capability and to unilaterally de- acted or not. most comprehensive nonproliferation stroy U.S. stockpiles. The CWC simply man- What are the consequences for the and arms control treaty in history and dates that other countries follow our lead. United States if it is not a party to the is a critical supplement to the Geneva This is the primary contribution of the CWC: CWC when it enters into force. Convention of 1925. to destroy militarily-significant stockpiles First, instruments lost: First of all, The CWC fills the gap that the Gene- of chemical weapons around the globe. without the CWC, there is no basis on va Convention does not address. While, Our military leaders concluded: which the United States can ‘‘bound’’ the Geneva Convention bans the use of On its own, the CWC cannot guarantee the chemical weapons problem. The chemical weapons as an instrument of complete security against chemical weapons. CWC will help diminish the challenge warfare, the CWC forbids even the mere We must continue to support robust defense in a way that allows the full panoply of possession of chemical weapons. capabilities, and remain willing to respond— policy tools—export controls, economic It prohibits member-states assistance through the CWC or by unilateral action—to sanctions, diplomacy, chemical de- to any chemical weapons program, violators of the Convention. Our focus is not fense, and military options—to be thereby helping to cut off supplies to on the treaty’s limitations, but instead on its many strengths. The CWC destroys stock- brought to bear against the real mis- rogue nations such as North Korea and piles that could threaten our troops; it sig- creants such as Syria, Libya, and Libya who are not likely to subscribe nificantly improves our intelligence capa- North Korea. to the CWC. Some have criticized the bilities; and it creates new international The existing 1925 Geneva Protocol treaty because they say participation sanctions to punish those states who remain only bans use; there are currently no S3478 CONGRESSIONAL RECORD — SENATE April 23, 1997 restrictions on anything related to the CWC when it enters into force on THE DEFENSE SECRETARIES chemical weapons short of use includ- April 29 we will have no role in the gov- Many of the arguments of CWC crit- ing development, production, storage, erning body of the CWC. This is impor- ics were crystallized in the comments deployment, or transfer. Iraq dem- tant because while the procedures for of three former defense Secretaries. onstrates that states interested enough conducting the OPCW’s business will be They repeat several old arguments to develop and produce chemical weap- agreed on paper, how they are in fact used by other critics of the CWC. ons have a reason to use them and translated into actual practice will be Many critics act as if this is the first would likely do so, regardless of the the real point at which precedents are time these concerns have been ex- Geneva Protocol. There is no certainty set and work habits established. pressed and that Members have not that states who may have— The United States will not have a taken actions to deal with them. How undeclared—CW stockpiles will be seat on the executive council, the criti- many of these critics are familiar with under obligation to destroy them, as cal policy decisionmaking group of the the resolution of ratification passed the United States has already unilater- CWC. The United States will not have out of the Committee on Foreign Rela- ally decided to do. any representation in the inspection tions last year for example? How many Without the CWC the international regime. We will have no access to the of them are familiar with the draft res- norms against chemical weapons will information that inspectors and others olution of ratification that has been erode, increasing the likelihood of accumulate on chemical weapons use, under negotiation this year? A resolu- their use. Despite the emphasis on proliferation, and terrorism. tion of ratification is precisely the ve- power in international politics, norms The information that will be pro- hicle through which contentious mat- do count. They provide the standards vided to the governing body through ters of interpretation are taken up and by which acceptable behavior of states declarations and inspections will be conditions added to conform U.S. do- can be judged and serve as the basis for important in its own right. Even more mestic law to U.S. interpretations. action by the international community important, when it is put together with First, the complacency argument: when certain behavior is deemed unac- other information available to our in- One old argument is about the compla- ceptable. Strong global norms against telligence community, it will help to cency situation; namely, that the CWC chemical weapons could be one factor provide a more accurate picture of a would lull the country into a false shaping the decision not to pursue state’s activities which may provide sense of security and a tendency to ne- them by countries who might consider leads to uncover illicit, noncompliant glect defenses against chemical weap- exploring the option. activities. Not being a part of the gov- ons. U.S. credibility in pushing its spe- erning body will mean that this valu- This is a matter of political will at cific positions in arms control forums able source of information for the in- home in the United States; it has noth- will be undermined. Why should other telligence community will be closed ing to do with the treaty. This is what countries pay attention to the United we pay Secretaries of Defense to guard States and seek to accommodate its off. Why do the critics wish to hamstring against. This is what we are paid in the concerns if the United States is not our own intelligence community and U.S. Senate to guard against. going to support the final product at deny it the additional pieces of infor- Perhaps I have more faith in the U.S. the end of the day? The standards on mation that could prove critical to an Senate’s willingness to carry out its re- which the CWC is based are those put intelligence determination and finding sponsibilities under the Constitution forward by President Reagan and that bears on threats to our national than do critics of the treaty. There is President Bush. The balance of intru- nothing inevitable about arms control sion and constitutional and commer- security interests. Fourth, U.S. industry will pay the agreements contributing to a lessened cial protection displayed in the CWC is price: On April 29 the clock will start perceived need and therefore support the end product of a long and delib- on the 3-year period after which trade for defenses against such threats. But erate debate by both Republican ad- in schedule 2 chemicals—those which there is something wrong with the no- ministrations in an attempt to reach can serve as direct pre-cursors to tion that by allowing our potential ad- an appropriate balance. Second, a credibility problem: If the chemical weapons—with nonstates par- versaries to have chemical weapons, we United States is not a state party to ties will be cut off. The U.S. chemical are sure to be reminded to defend the treaty, the United States will have industry estimates that as much as against them. no legal basis—no legal basis—to take $600 million in overseas chemical trade It may be that the Defense Depart- actions against other nonstates par- could be at risk. In fact, the impact of ment was willing to reduce its request ties. On what grounds, for example, the cutoff is likely to be felt sooner in 1995 for funds for chemical defenses, could we contemplate action against than the 3 years, as trading partners but the Congress has never had any Libya for proceeding with the Tarhuna begin to change their trading pat- problem in the past in plusing up ad- facility if it decided to proceed? Nor terns—that is, shifting to new suppli- ministration requests for defense situa- would the United States have any ers—in anticipation of the cutoff. tions. Funding for ballistic missile de- moral grounds for criticizing the deci- If the United States is not a party to fense is a perfect example. Indeed, Sec- sion of others to stay outside the trea- the CWC, it will also play no role in the retary of Defense Cohen recently indi- ty. OPCW’s decision regarding whether or cated that an additional $225 million is U.S. credibility and leadership will not the trade cutoff will be extended to being requested for chemical defenses. be undermined, not just on arms con- schedule 3 chemicals—dual-purpose One should have little sympathy for trol but more broadly. Washington will chemicals which can be used in chemi- the complacency argument employed have to deal with a perception that al- cal weapons—a decision that will like- against the CWC. Rather than whining ready exists but that nonparticipation ly be made soon after entry into force. about complacency, Congress ought to in the CWC will only reinforce: that Given the chemicals on schedule 3, if do its job and authorize and appro- the United States bullies countries the decision is made to extend the priate what funds are necessary to pro- into assuming obligations that it is not trade cutoff, the economic impact on vide for a robust chemical defense ca- willing to assume itself. Such views the U.S. chemical industry could be pability. only strengthen the sense that others enormous, making the $600 million By the same token, concerns are ex- already have that the United States look like small change. pressed about a possible reduction in sees itself as not bound by the con- Some critics have sought to intimi- the priority accorded to monitoring straints it tries to impose on others. In date American business by spreading emerging chemical weapons threats. a world that increasingly requires co- unsubstantiated rumors and fears that That is not the way recent budget re- operation to accomplish major objec- ‘‘Iranian inspectors are coming’’ or quests from the intelligence commu- tives, such a perception is damaging to that proprietary information will be at nity came across. Moreover, the com- the point of endangering vital Amer- risk. But those large firms that might, munity itself wants the CWC precisely ican interests. in fact, be inspected support the treaty because it will provide additional tools Third, lacking U.S. leadership: If the and the small firms have determined it to the community to monitor the United States is not a state party to will have no impact on them. chemical weapons situation. Again, April 23, 1997 CONGRESSIONAL RECORD — SENATE S3479 Congress has every ability to add or change of chemical materials and participation in the convention could shift funds to ensure that CWC mon- equipment with rogue states, as critics leave U.S. citizens and companies vul- itoring remains a funding priority. have stated. It merely affirms the right nerable to burdens associated with re- In fact, one of the conditions in- of the parties to engage in chemical porting and inspection arrangements, cluded in the resolution of ratification commerce for peaceful purposes, that jeopardize confidential business infor- deals with the preservation of robust is, industrial, agriculture, research, mation, and other charges. defenses against chemical weapons. It pharmaceutical, medical or other pur- Industry is expected to pay its own states the necessity for preserving and suits as they do today. A state with costs associated with reporting and re- further developing robust defenses chemical weapons aspirations has no ceiving an inspection. Industry does against chemical and biological weap- treaty right to anything that furthers not contribute to the cost of carrying ons. Increased readiness must be em- those aspirations. And nothing in the out international inspections. Inspec- phasized at the highest levels and sup- treaty requires the elimination of our tion costs are covered in the OPCW ported with the necessary funding export controls on chemical materials budget to which the U.S. Government within the executive branch of the and equipment. The United States and will contribute. Annual costs to indus- Government and the United States other Western countries have made try are expected to be about $4 million Armed Forces. clear to the Organization for the Prohi- in the first year and less in subsequent Second, Article XI: Some critics have bition of Chemical Weapons, the years. Inspection costs are not ex- placed much emphasis on the so-called OPCW, the governing board, as well as pected to be more than an EPA or poisons for peace argument—namely, all states parties that the provision in OSHA inspection—this means no more that the CWC will obligate member question does not entail any obligation than $10,000 per inspection and prob- states to facilitate transfers of CWC- to eliminate existing export control ably much less. Based on practice in- specific technology, equipment and regulations on chemical material and spections, no shutdown of facilities is material to member states of the con- equipment. anticipated, which would be an impor- vention. Further, they charge that the One condition in the resolution of tant cost factor. treaty commits new member states not ratification deals specifically with the U.S. industry would not support the to observe any agreements that would issue of interpretation over article XI. CWC, as it does, if it posed significant restrict these transfers. It states in part that: ‘‘the various pro- risks to confidential business informa- It is tragic that American critics of visions of the CWC preserve the right tion. Protections against the loss of the CWC would swallow the Iranian in- of State Parties to maintain or impose confidential business information are terpretation of Article XI rather than export controls for foreign policy or incorporated into the CWC and the ad- that of the American delegation to the national security reasons, and that ministration’s proposed implementing convention, and the interpretation of nothing in the Convention obligates legislation. Industry has worked inten- the Commerce Department, and the the United States to accept any weak- sively on both to ensure these protec- U.S. chemical industry. Why are these ening of its existing national export tions are adequate. critics so intent on giving credibility controls.’’ Unlimited inspector access is not re- to the Iranian interpretation? Why do If, as the critics state, the CWC quired. For routine inspections, each they wish to align themselves with the would likely leave the United States facility has the right to define the de- rogue states on this issue? more, not less, vulnerable to chemical gree of access through a negotiated fa- To be sure, the issue of assistance, attack, then the blame resides with po- cility agreement and may thus protect Article XI, was one of the more conten- litical leaders in the United States, not sensitive information. Furthermore, tious issues during the end game of the with the convention. The treaty in no routine inspections can be anticipated, CWC negotiations. The more radical, way constrains our ability as a nation providing ample time for preparation. nonaligned states, led by Iran, de- to provide for a robust defense against In challenge inspection scenarios ac- manded that this provision be inter- chemical weapons or to impose or cess to the site must be provided 120 preted so as to require the elimination maintain export controls for foreign hours after a request for a challenge in- of any export controls in the chemical policy and national security reasons. spection is received by the OPCW. Once arena for states parties in good stand- Third, Dumbing Down of Intel- access is granted, the principles of ing. ligence: There is also the charge that, managed access apply. Under managed But the United States and others re- if the United States is not a CWC par- access, the inspected facility can nego- jected that argument and maintained ticipant, the danger is lessened that tiate the degree of access on the spot, that their interpretation of article XI American intelligence about foreign and, while obligated to provide alter- did not require them to do so, that chemical programs will be dumbed native means to satisfy concerns about mechanisms such as the Australian down or compromised. This is a vari- compliance, the facility is not obli- Group were legitimate under the CWC, ation on the politicizing of intelligence gated to allow inspectors to go any- and that the work of the Australia argument taken to the extreme. Again, where they like. Group would continue. The members of any dumbing down of intelligence has Allegations that the CWC will re- the Australia Group did propose to re- nothing to do with the convention. quire violations of the Constitution are view their practices and procedures at Moreover, a willingness to act in the wrong. The proposed implementing leg- some undefined time in the future, but face of noncompliance by other sig- islation provides for search warrants if only after they had a period of experi- natories is a political decision, not an routine or challenge inspections must ence with the treaty in force, during intelligence decision. If critics want to be carried out without consent. So does which they could judge whether that fault American political leadership, the resolution of ratification. The CWC practical experience might justify a refine, but this has nothing to do with also allows the United States to take consideration of their export controls. the strengths or weaknesses of the con- into account constitutional obligations The basic CWC obligation is convention. regarding searches and seizures and tained in article I—this is, to ‘‘never Fourth, Costs and the Constitution: proprietary rights in providing access under any circumstances: . . . (d) To as- Fourth, various critics worry about the under challenge inspections. sist, encourage or induce in any way, costs associated with U.S. participa- When CWC negotiations commenced, anyone to engage in any activity pro- tion in a multilateral regime and cite President Reagan wisely decided to in- hibited . . .’’ And it means what it says. the outlandish estimate of $200 million clude representatives from the Amer- This basic obligation overrides any re- annually. This hardly squares with the ican chemical industry in the forma- quirement—any requirement—to facili- estimates offered by the Congressional tion and evolutionary decisionmaking tate trade or technical cooperation Budget Office and fails to take account process of U.S. negotiating positions. when there is a proliferation concern. what the administration has actually Thus, the American chemical industry There is nothing automatic about the requested for fiscal year 1998—namely has participated every step of the way assistance provisions of article XI, and $46 million. And quite predictably, the in the development of the convention it will certainly not mean that the critics drift from the cost charge into and played a major role in crafting the floodgates will be open for the ex- the constitutional charge that U.S. language with regard to constitutional S3480 CONGRESSIONAL RECORD — SENATE April 23, 1997 safeguards and protection of industry No. 1, giving us leverage not just for cal incident on American soil, not on rights and information during any in- the United States, but for the entire its prevention or deterrence, as is the spections. international community to pressure case with the CWC. In September 1996, the National Fed- Russia to destroy its huge chemical Whereas the CWC specifies illegality eration of Independent Business ex- weapons stockpile; without qualification or condition—the pressed some concern regarding the po- No. 2, it acts as a means to reinforce use or possession of chemical weapons tential impact of CWC reporting re- the norms against chemical weapons; is absolutely prohibited—the enact- quirements on the U.S. small business No. 3, it gives an ability to track ment of S. 495 without CWC ratifica- community. chemical trade; tion would mean that the United Staes More recently, the National Federa- No. 4, it gives procedures for evaluat- is not obligated to destroy those chem- tion of Independent Business has re- ing important information for the in- ical weapons that is not already com- vised its position on the CWC. A Feb- telligence community; mitted to destroy under the 1986 law. In ruary 14, 1997, Wall Street Journal arti- No. 5, it gives a requirement for state this respect S. 495 is most certainly for cle by Carla Robbins quoted Dan parties to pass domestic legislation the United States a law that authorizes Danner, vice president of Federal Gov- criminalizing activities prohibited by the retention of the most dangerous ernment Affairs, as saying, ‘‘It is now the treaty; and chemical weapons. Thus, while the our belief our members are not going No. 6, the CWC gives a legal basis for CWC would establish a clear and bind- to be impacted.’’ The article went on to the international community to take ing international prohibition against convey NFIB’s view that treaty oppo- action in the face of unacceptable be- the possession of chemical weapons, en- nents who suggested that NFIB was op- havior. actment of S. 495 without CWC ratifica- posed to the CWC were ‘‘100% incor- A SUBSTITUTE? tion would establish a clear U.S. posi- rect.’’ What are the critics of the treaty of- tion in support of those nations, in- Mr. Danner reiterated the National fering to accomplish these same tasks? cluding the United States, who choose Federation of Independent Business po- What are they proposing that will help to maintain these weapons. sition in a March 5 letter to me in diminish the international chemical In fact, S. 495’s prohibitions against which he said, ‘‘It is now our belief weapons threat? possession or use, and so forth, of that the small business owners that we To be sure, a piece of legislation was chemical weapons are merely represent will not likely be included in passed last week—Senate bill 495— antiterrorism provisions, without sig- the reporting requirements and, there- which overlaps the CWC and its imple- nificant transnational strategic impli- fore, not affected by the CWC. Our con- menting legislation in several areas. cations, which are already provided for cerns have been answered to our satis- But by no means can one consider this by existing United States law. As to faction.’’ domestic piece of legislation equal to the law’s provisions that the U.S. will Fifth, Russia and the CWC: Some or a substitute for an international impose sanctions against nations that critics claim that Russian activities multilateral treaty which not only use chemical weapons, it is highly with regard to its stockpile will be un- bans use of chemical weapons but bans questionable whether such sanctions affected by whether the United States the manufacturing, stockpiling, trade, will be effective; in any event, these joins the convention and that Russia and deployment of chemical weapons. sanctions expressly do not apply to na- has, in any event, been developing new Senate bill 495 calls for U.S. leader- tions that stockpile but do not use chemical agents that would circumvent ship in adding ‘‘teeth’’ to the 1925 Ge- chemical weapons. the treaty’s constraints. neva Protocol banning chemical weap- S. 495 merely reinforces the status Let us be clear about one thing. Rus- ons use. But the United States has al- quo. Without the CWC, states inter- sian activities will surely be unaffected ready done this and the final product is ested in developing chemical weapons— if the United States does not ratify the the document before us today—the Syria, Libya, Iran, Iraq, and North CWC. Some Russians are grateful for Chemical Weapons Convention. The Korea—will have free rein to pursue the support they find for their position Reagan and Bush administrations wise- their programs. As we saw in the case on the CWC from many American crit- ly decided to pledge not to manufac- of Iraq, existing policy tools are not ics of the convention. One thing is cer- ture, produce, or stockpile chemical adequate. tain: The Russians do not want the weapons; the CWC forces other mem- THE RESOLUTION OF RATIFICATION: EXECUTIVE United States to ratify the Chemical bers to do the same. Without the CWC, RESOLUTION 75 Weapons Convention. Why? Because the rest of the world would be allowed I have spent considerable time re- they know they cannot afford to have to make, stockpile, and deploy chemi- viewing the resolution of ratification the United States participating in the cal weapons, and the United States to the Chemical Weapons Convention OPCW without them. By the same would only be able to react after a to be laid before the Senate, Senate Ex- token, if the United States does not Syria, Libya, Iraq, or North Korea has ecutive Resolution 75, and measuring join, the Russian Government has very used chemical weapons on its popu- the proposed conditional remedies little incentive to expend the political lation, its neighbors, or on American against perceived and/or real short- resources necessary to bring various troops. At that point it will be too late comings in the convention and against elements of the military-chemical for the victims. the benefits to the United States of full complex into line with treaty provi- S. 495 does nothing to address the participation in the convention. sions. However, the Russian Govern- concerns of the U.S. chemical industry. Exhaustive negotiations over the ment and the branches of the Russian In a letter signed by 53 chief executive past several months have produced a Parliament are moving the CWC officers of America’s largest chemical set of 33 conditions to the resolution of through the ratification process to the companies they state: ‘‘our industry’s ratification; 28 of these conditions point where it could be acted upon in status as the world’s preferred supplier enjoy the support of those involved in short order if the United States rati- of chemical products may be jeopard- the negotiations. I support them. fies. ized if the U.S. does not ratify the Under a unanimous-consent agreement, Second, the point is not that Russia [CWC]. If the Senate does not vote in the Senate will consider these 28 condi- is developing agents that would cir- favor of the CWC, we stand to lose hun- tions as a package—on a voice vote. cumvent the treaty’s constraints. dreds of millions of dollars in overseas Then the Senate will turn to the re- Rather, the point is that we know that sales, putting at risk thousands of maining five conditions which are in they are developing them, they are or good-paying American jobs.’’ S. 495 dispute. I have concluded that the ef- can be added to the treaty’s prohibited does nothing to solve industry’s con- fect of these remaining conditions pro- list, and that without the CWC, there cerns regarding the negative impact posed in Senate Executive Resolution is absolutely nothing illegal or non- the CWC would have on their inter- 75 would be to destroy the Chemical compliant about Russian activities in national competitiveness if the United Weapons Convention in a supposed ef- this area. States does not ratify the convention fort to save it. The CWC is not perfect, but it is nec- before April 29. I firmly believe that these remaining essary for the additional tools it pro- Indeed, S. 495 is designed primarily to conditions—the Senate will have a sep- vides the United States, deal with the consequences of a chemi- arate vote on each—would, if accepted, April 23, 1997 CONGRESSIONAL RECORD — SENATE S3481 be tantamount to killing the Chemical In sum, we should not give Russia the production are the very ones tasked to Weapons Convention outright, or would power to decide our participation in provide the data called for under the have a significant adverse impact on and leadership of this crucial treaty. Wyoming MOU. Moreover, various Rus- its implementation. As General Rowny testified, ‘‘I think if sian military officials have argued Any condition that requires, as the we fail to ratify this Chemical Weapons that, given the near disintegration of price of ratification that all or parts of Convention, it is going to give the Rus- the Russian conventional military ca- the treaty be renegotiated before it can sians an excuse on a silver platter to pability, only nuclear and chemical enter into force is a killer. It is unreal- say well, the United States did not rat- weapons may be able to compensate for istic to expect that we can renegotiate ify and we won’t either.’’ such conventional weaknesses. a treaty with over 160 signatories. Ad- Vil Mirzayanov, a Russian scientist While Russian Government officials ditionally, a U.S. condition of this na- who blew the whistle on the Soviet express their concerns about the politi- ture would not only prevent U.S. par- Union’s chemical weapons programs cal and economic costs of finalizing the ticipation in the convention but could and strongly supports the treaty, re- BDA and/or ratifying the CWC before it encourage other signatories con- cently wrote to me and said: ‘‘Senate enters into force, they do acknowledge, templating ratification to attach simi- ratification of the Convention is cru- however grudgingly, that only United larly unacceptable conditions. cial to securing action on the treaty in States ratification of the CWC will Four of the proposed conditions Moscow * * * the Russian government force them to deal decisively with the would require the President to make does not want America to dominate the economic, political, and military di- certain certifications to the Senate Organization for the Prohibition of lemmas associated with chemical prior to depositing instruments of rati- Chemical Weapons and the important weapons. They also acknowledge that fication, certifications that certainly decisions that the body will soon be if the United States fails to ratify the cannot be made by April 29, if ever. making about the Convention’s impli- CWC, then those military and civilian Consequently, approval of any of these cations.’’ voices in Russia who favor the reten- conditions would prevent the United By not ratifying, the United States tion of an offensive chemical weapons States from joining the treaty. The would be giving a present to hardline capability could well become the ma- fifth would be very bad policy, at once opponents of the CWC and of relations jority. undermining two U.S. objectives: to with the West more generally. By rati- The fourth certification requirement maintain an effective onsite inspection fying, the United States would not be of this condition is apparently driven regime and to have U.S. inspectors par- giving a Christmas present to Russia; by reports of Russian ‘‘novel’’ chemical ticipate in inspections of suspect instead, it would provide a powerful agents. If these reports are correct, states. tool for bringing further pressure to then the CWC and its challenge inspec- The unanimous-consent agreement is bear on Moscow to get on with chemi- tion regime is the best tool for expos- carefully configured so that no sub- cal disarmament—and to stay engaged ing and ending such activities. Without stitute amendments or conditions in more generally in cooperative inter- the CWC, we will be denied important these five areas of disagreement can be national measures that promote arms information and Russia will be under offered. Only motions to strike will be control and nonproliferation. no legal obligation to end its suspected in order. The 1990 BDA was never ratified by Let me deal with each of the five con- activities. the United States or Russia. It was ex- ditions. CONDITION NO. 30 ON ROGUE STATES plicitly designed to provide a boost to Proposed condition 30 would prohibit CONDITION NO. 29 ON RUSSIA negotiations on the CWC and gain Rus- One of the items on which the Senate the United States from ratifying the sian ascent to the United States posi- will be asked to vote is a condition— CWC until all states determined to pos- tion for an immediate cessation of proposed condition 29—that would pro- sess offensive chemical weapons pro- chemical weapons production and the hibit the United States from ratifying grams, including China, North Korea, destruction of the chemical weapons the CWC until the President certifies Libya, Syria, Iran, and Iraq, as well as stockpiles. It served that purpose. that Russia has done the following: other state sponsors of terrorism, have Many of the BDA’s provisions were ratified the CWC, complied with the ratified. adopted by the CWC. The BDA has sev- 1990 Bilateral Destruction Agreement This is a killer condition that would eral shortcomings that are corrected in [BDA], fulfilled its obligations under prevent the United States from ever the CWC. For example, the BDA allows the 1989 Wyoming Memorandum of Un- joining the CWC. It, too, must be derstanding [MOU], and ceased all both countries to retain 5,000 tons of struck. This condition would make our join- chemical weapons activities. chemical weapons, while the CWC re- This is a killer condition that would quires the destruction of all chemical ing this treaty hostage to Saddam Hus- prevent the United States from joining weapons. Also, the BDA has no provi- sein, Qadhafi, other leaders of rogue the CWC. It must be struck. sion for challenge inspections that are states. This condition would allow This condition effectively holds hos- contained in the CWC. these outlaw states to continue busi- tage U.S. participation in the CWC to a The 1989 Wyoming MOU was also de- ness as usual with no constraints, group of hardliners in the Duma. It signed to jumpstart CWC negotiations while our industry suffers, our leader- would let Russia off the hook and give by providing for reciprocal data ex- ship is undermined, and our ability to them an excuse to withhold ratifica- changes and inspections of chemical influence and benefit from the CWC re- tion. Why should we let Russia decide weapons facilities by the United States gime is compromised. our foreign policy? and Russia. It, too, served its purpose. By allowing the world’s most recal- This condition would hold hostage The United States has some questions citrant regimes to decide for us when our ability to join the CWC to the that linger over Russian data, but we we join the CWC, this condition borders hardliners in the Russian Duma. As the can gain valuable information about on a dangerous surrender of U.S. na- President said, ‘‘this is precisely back- Russia through the CWC’s verification tional sovereignty. It effectively lets wards. The best way to secure Russian provisions. the world’s villains write the rules of ratification is to ratify the treaty our- Key officials in Moscow do not dis- international conduct. selves. Failure to do so will only give pute that there are individuals, both Supporters of this condition say that hardliners in Russia an excuse to hold civilian and military, who wish to re- we should not have a CWC because out and hold on to their chemical tain an offensive chemical weapons ca- there will be cheaters. As Secretary of weapons.’’ pability and thus oppose CWC ratifica- State Albright has said, that is a bit The prospect of Senate ratification is tion. This is hardly surprising, given like saying that we shouldn’t have laws clearly putting pressure on Russia to the fact that we have individuals in an because people will break them. But ratify. The Duma announced last week out of the American Government who the CWC was not written with the illu- that it will begin debate on the CWC oppose CWC ratification for the same sory expectation that all of the world’s today. Russia does not want to be left reason. Many of these individuals asso- bad actors would immediately sign up. behind, especially if the United States ciated with Russian chemical weapons Instead, it was negotiated with the is on the inside setting the rules. research and development as well as cold-eyed recognition that rogue states S3482 CONGRESSIONAL RECORD — SENATE April 23, 1997 would stay out and, therefore, should proliferation Treaty, to the missile ditional information which can be be isolated and targeted. That is why technology control regime, to the CWC cross-compared with what we get the CWC contains mandatory sanctions itself. through the intelligence community. for those states that remain outside of No country, especially outlaw states, And it will, without a doubt, enhance the regime. should have a veto over our national our ability to know more about what is After years of providing inter- security. As Jim Baker has stated, ‘‘It going on.’’ national leadership in the fight to stop makes no sense to argue that because a A better approach would have been to the spread of chemical weapons, we few pariah states refuse to join the require the President to tell the intel- would be siding, not with our allies, on convention the United States should ligence committees of Congress the na- the inside, but with Libya, Syria, and line up with them rather than with the tionality of all inspectors the United Iraq on the outside. As General Nor- rest of the world.’’ States approved, as well as any deroga- man Schwarzkopf has testified, ‘‘by not CONDITION 31 ON REJECTING CWC INSPECTORS tory information about them that U.S. ratifying that treaty, we align our- A third condition on which the Sen- agencies might have. This would enable selves with nations like Libya and ate will be asked to vote is condition those committees to weigh in with the North Korea, and I just as soon not be 31, which would require the United executive branch if the U.S. National associated with those thugs in this par- States to reject all CWC inspectors Authority were ignoring serious infor- ticular matter.’’ from countries that supported terror- mation or other agencies’ concerns re- Our industry will be subject to auto- ism or violated U.S. nonproliferation garding an inspector. matic trade restraints beginning on law. A substitute condition was prepared April 29 if we don’t ratify. Ironically, This is an unnecessary condition, one embodying this more flexible approach. these are the same restrictions the that has the potential to do great harm CWC critics would not even consider United States fought for in the nego- to the implementation of the CWC, and this, and instead insisted that no sub- tiations to put pressure on the rogue one that is a poor way to get at the stitutes be in order. We can avoid this states to join the treaty. perceived problem of untrustworthy Hobson’s choice, however, between ri- Today, there is nothing illegal in CWC inspectors. It should be struck. gidity and doing nothing. All we have international law about the chemical The dangers that CWC inspectors will to do is vote to strike condition 31 and weapons programs in any of the coun- learn some trade secrets of U.S. firms then enact more sensible language in tries mentioned in this condition. That in the course of onsite inspections are the implementing legislation that will will change once the CWC enters into limited. Many CWC provisions limit come to the floor next month. I urge force. It will establish a norm against what inspectors will learn. Facility you to do just that. the stockpiling, development, transfer, agreements governing routine inspec- CONDITION 32 ON ARTICLES X AND XI and production of chemical weapons— tions and managed access in challenge The fourth condition is condition 32, all perfectly legitimate activities inspections will specify what inspec- which requires the President, prior to today. It will provide the basis for tors can see. U.S. firms are free to use depositing the instrument of ratifica- harsh action against those that violate such devices as shrouding, removal of tion, to certify that the parties to the this norm. In plain English, that means papers, and limiting the number of in- convention have agreed to strike arti- the CWC will legitimize military ac- spectors who see a particular area or cle X from the convention, and amend tion we might take against a rogue how long they are allowed to see it. No article XI. state that develops chemical weapons employees need answer questions that This provision is a killer, plain and illegally. It will also increase the like- are irrelevant to the question of wheth- simple, and will prevent the United lihood of forging international coali- er the CWC is being violated. An agreed States from joining the convention. tions. Conversely, accepting this condi- condition, No. 16, adds teeth to the The President cannot make such a cer- tion would undermine our ability to CWC provision permitting the director- tification prior to April 29, and prob- lead on nonproliferation matters. general to waive the immunity of any ably never will be able to do so, be- This condition also ignores the fact employee who betrays confidential U.S. cause the convention permits a single that regardless of what these countries information. State party to veto such amendments. do, we are unilaterally destroying our The CWC already provides the U.S. This provision must be struck. chemical weapons stockpile. Chemical Government the right to bar inspectors Proponents of this condition contend weapons are no longer a part of our on an individual-by-individual basis that the convention requires the Unit- military doctrine. Instead, as the gulf each year when the CWC organization ed States and other parties to share war demonstrated, we will rely on our proposes its list of inspectors, just as a critical technology that will assist overwhelming nonchemical capabilities defense attorney can peremptorily countries of concern to develop offen- to deter chemical weapons use. challenge a prospective juror in a trial. sive chemical weapons programs. But In sum, this condition will not pro- Condition 31 is unnecessarily rigid. this is just not so. mote ratification in any of the rogue This condition takes a meat ax ap- Article X focuses, in large measure, states but instead will give leverage to proach to whom we would allow to on assistance and protection for coun- those factions within these countries come to the United States, which is al- tries attacked, or facing attack, by who do not want their governments to most certain to provoke reciprocity. In chemical weapons. Opponents of the be parties. As Gen. Brent Scowcroft other words, adoption of this condition CWC have contended that paragraphs 3 has testified, ‘‘by remaining outside would most likely result in other na- and 7 require the United States to pro- the CWC, we let these rogue states off tions blackballing all American inspec- vide defensive technology to other the hook by making it easier for them tors in advance. This would defeat one members. But the administration has to ignore pressures to abandon the of our principal objectives in our join- made clear that paragraph 3 leaves it chemical weapons option. In all these ing the treaty: to ensure American in- up to the United States to decide pre- cases, we undermine the effectiveness spectors take the lead in finding viola- cisely what, if anything, it will ex- of the CWC to do unto others what we tions, just as we have for UNSCOM in change, and has committed that the have decided to do for ourselves: get Iraq. only assistance it will provide under out of the chemical weapons business.’’ It also fails to require rejection of in- paragraph 7 is medical antidotes and This condition turns the present spectors from other countries who treatment. This latter promise is global arrangement on its head. In- might be known spies or have a record locked in—by condition 15 of Senate stead of the United States sustaining of improper handling of confidential in- Executive Resolution 75. our historic leadership role in setting formation. Only countries that have joined the nonproliferation norms, this condition As Admiral Zumwalt recently testi- CWC and renounced chemical weapons would have us take a backseat to the fied, ‘‘the ability for us to get more ac- can request assistance under article X likes of Saddam Hussein and Mu’am- cess is an important thing to me as a and only then if they are threatened or mar Qadhafi. That does a grave disserv- member of the President’s Foreign In- attacked with chemical weapons. ice to our record of leadership over the telligence Advisory Board; the oppor- Thus, article X is intended to encour- past 40 years from the Nuclear Non- tunity to inspect is going to give us ad- age states to do what the United States April 23, 1997 CONGRESSIONAL RECORD — SENATE S3483 wants them to do: join the CWC and undertaking exchanges are legally tect cheating where it matters most: eliminate their chemical weapons pro- bound by the fundamental obligation of that is, if an adversary tries to trans- gram. the treaty to renounce chemical weap- late illegal production into a militarily The President has committed in reso- ons. significant capability on the battle- lution of ratification condition No. 15 The Chemical Weapons Convention field. that the United States will only give will mean not only that all relevant This condition defines production of 1 medical help to certain countries or trade is subject to closer scrutiny, es- ton as ‘‘military significant’’. But concern, under this article. The United pecially with countries whose compli- Richard Perle, a CWC critic, has testi- States will not be giving them our best ance may be in doubt, but it will also fied that ‘‘the possession of lethal gas masks or any other chemical weap- provide the legal basis as well as the chemicals is not by, itself, sufficient to ons defense technology. verification and compliance measures constitute a military capability.’’ With regard to other states, the Unit- to redress those concerns. And as Gen. Brent Scowcroft noted in ed States will use every instrument of As Ron Lehman recently stated in testimony to the Foreign Relations U.S. diplomacy and leverage to make testimony before the Senate Foreign Committee, CWC declarations on sure transfers do not occur that could Relations Committee, ‘‘we made it chemical exports will be a useful new undermine U.S. national security in- very clear throughout the negotiations tool: ‘‘Right now, it is possible for a terests. As Secretary Cohen said Sun- that all of this was subject to article I, country to buy a few pounds of a pre- day, we will be better able to do this if which is the fundamental obligations cursor here or a few pounds there, a we are inside the treaty rather than not to assist, but the most important, few pounds somewhere else, and to out. telling factoid in support of the U.S. amass an abnormal supply without U.S. absence from the treaty will do interpretation is the fact that after the anybody ever noticing it. That won’t nothing to keep another state from convention was done so many of the be possible anymore. Therefore, we will giving Iran and Cuba gas masks. usual list of suspects were so unhappy have a better idea of what’s going on Article XI addresses the exchange of that they did not get what they wanted and who the bad guys seem to be.’’ scientific and technical information. in these provisions.’’ There is no need to adopt a 1-ton Opponents of the CWC contend that Renegotiation is not a realistic ap- threshold for effective verification of this article also requires the sharing of proach, as Brent Scowcroft recently the CWC. General Shalikashvili has technology, and will result in the ero- testified. ‘‘Starting over is pure fan- testified that a single ton might have a sion of export controls not only in U.S. tasy. If we reject this treaty, we will real political impact, especially if used law, but also among nations of the incur the bitterness of all of our friends in a terrorist attack against unpro- Australia Group, an informal alliance and allies who followed us for 10 years tected persons. But Iran and Iraq used of potential supplier countries. This is in putting this together. The idea that tens of tons per month against each simply not so. The administration, and we can lead out again down a different other without altering the course of the other Australia Group nations, path I think is just not in the cards. We their war; studies for the Department have clearly stated their commitment have got to deal with the situation we of Defense found that it would take to retain the current level of export face now, not an ideal one out in the several hundred to a thousand tons to controls. And condition 7 binds the ad- future.’’ seriously disrupt U.S. logistics in a ministration to this promise. It re- CONDITION 33 ON VERIFICATION war; and the U.S. stockpile of chemical quires the President to certify that The last condition on which the Sen- weapons—which we are committed to ‘‘nothing in the convention obligates ate will be asked to vote is condition destroy whether we join the CWC or the United States to accept any modi- 33—strictly a killer condition—that not—is about 30,000 tons. fication of its national export con- would bar the United States from rati- General Shalikashvili went on to say trols,’’ and, among other things, to cer- fying the CWC until the President can that tonnage is not the only factor to tify annually that the Australia Group certify high confidence in U.S. capa- consider. If a country’s illicit chemical is maintaining controls that are equal bilities to detect, within 1 year of a agent stockpile is to be translated into to, or exceed, the controls in place violation, the illicit production or stor- something militarily usable, there today. age of a single metric ton of chemical must also be weapons in which to put Regarding article XI, the critics fur- agent. the agent. There must be an infrastruc- ther claim that a treaty expressly de- The United States will never be able ture for the handling of chemical weap- voted to eliminating chemical weapons to certify this level of monitoring con- ons. And troops must be trained in the somehow would force its parties to fa- fidence, so condition 33 would bar U.S. use and effective employment of the cilitate the spread of chemical weap- participation in the CWC forever. It, weapons. Each aspect of developing a ons. This interpretation is totally at too, must be struck. real chemical weapons capability is po- odds with the plain language of the This condition sets an unrealistic tentially open to monitoring, and each treaty. and unachievable standard for monitor- aspect constitutes both a CWC viola- To repeat, in order to reinforce the ing the treaty and would therefore en- tion and sufficient justification for the treaty’s constraints, the President has sure that we would not become a party United States to request a challenge committed in an agreed condition on to the agreement. inspection. the resolution of ratification to obtain Nobody denies that compliance with To quote General Shalikashvilli assurances from our Australia Group some aspects of the CWC will be dif- fully, ‘‘a militarily significant quan- partners that article XI is fully con- ficult to verify. Other aspects of the tity of chemical weapons is situation- sistent with maintaining strict export CWC—like the storage and destruction ally dependent. Variables involved in controls on dangerous chemicals. This of declared chemical weapons stocks determining this quantity are the mili- condition also requires an annual cer- —will be verifiable with fairly high tary objective, weather, terrain, num- tification that Australia Group mem- confidence. But a determined country ber of troops, type of chemical agents bers continue to maintain equally ef- could probably hide a small-scale pro- used, the chemical agent weapons sys- fective or more comprehensive controls gram of producing or stockpiling ille- tem and method of deployment, and over chemical weapons related mate- gal chemical agent. We all know that. the chemical weapons defensive capa- rials and that the Australia Group re- The important point is that without bility of the targeted force . . . the mains a viable mechanism for limiting CWC, such activities won’t violate any- quantity is totally scenario dependent, the spread of chemical and biological thing. Only if we join the convention, and it would be difficult to cite a spe- weapons related material and tech- can we effectively combat chemical cific amount as militarily significant.’’ nology. weapons production and stockpiling. U.S. intelligence officials have testi- The critics concern about dangerous Our Intelligence Community has tes- fied that the CWC will add to their exchanges under article XI misses the tified that it would be very difficult to monitoring tools to cover a significant main point, which is that any such ex- detect production of small quantities target—one that they will have to changes can take place now without of chemical weapons. We do have high monitor whether we join the CWC or the CWC. With the CWC, the countries confidence, however, that we can de- not. Data declarations will give the S3484 CONGRESSIONAL RECORD — SENATE April 23, 1997 United States an important baseline itor global chemical weapons prolifera- weapons retaliation in kind and unilat- from which to work. Routine inspection will be lost unless this condition is eral enforcement of export controls or tions will make it more difficult and struck from the resolution of ratifica- other punitive actions. This alter- expensive for declared facilities to be tion. The national security requires a native is a recipe for broader prolifera- used in illicit chemical weapons activi- vote to strike this condition. tion extending well beyond chemical ties. And challenge inspections pose CONCLUSION weapons. The United States is much further risks to would-be violators, In conclusion Mr. President, the De- better served by a choice to help lead a while giving the United States and fense Department’s position on the cooperative international effort to other countries the opportunity to CWC is simple. As offensive weapons, manage the problem than by one that have the Organization for the Prohibi- chemical munitions are overrated. manifestly has not worked as these tion of Chemical Weapons seek further Therefore, keeping them in our arsenal weapons have proliferated in recent indications or hard evidence of viola- offers scant military advantage. DOD decades. Senators must look beyond tions. does not believe that chemical weapons the shouting match between the two U.S. information can go a long way are needed for deterrence. They believe camps of treaty supporters and treaty toward helping the organization to there are plenty of other options. opponents and look at arguments based mount effective inspections. That is We have heard a good deal of discus- on the national interests as they exist what the United States did with the sion about the verification problems today. International Atomic Energy Agency associated with the CWC, and past and Failure to ratify the CWC this year in North Korea, and it worked. An im- current intelligence officials will be would harm that national interest and portant agreed condition—condition quoted in and out of context on Intel- accentuate the image among both No. 5—has been worked out with Sen- ligence Community’s confidence levels. friends and foes of a rudderless Amer- ator SHELBY, chairman of the Senate But let us remember that the Intel- ica unable to chart a course on uncer- Select Committee on Intelligence, to ligence Community has to monitor the tain new seas. A belief that the United require that intelligence sharing will chemical-weapons capabilities of for- States is unreliable and uncoopera- be conducted only after U.S. informa- eign powers in any event. In open and tive—or simply confused—will harm tion is sanitized to minimize any risk closed briefings and hearings over the not just the chemical arms control ef- to sensitive sources or methods. That past 3 years, the community has been fort but nonproliferation goals more is what the United States does cur- consistent in saying that its ability to broadly. If the United States drops the rently, and what it should continue to monitor various provisions of the con- CWC ball, the consequences for stable do. vention is severely limited. But the alliance relationships, for U.S. security With the United States an original community has also been consistent in in an era of rapid technology diffusion, member of the organization, we will be arguing that the convention will pro- and for a free and open trading regime able to work for effective inspection vide it with additional tools to go will prove far reaching. procedures and to provide the organiza- along with national technical means in The Congress completed legislation tion the information it needs to maxi- monitoring developments in chemical- last fall on how best to respond to ter- mize its effectiveness. The organiza- weapons states, something that the in- rorism and to the threats posed by the tion’s effectiveness will aid our own telligence community must do whether proliferation of weapons of mass de- agencies, in turn, to monitor activities there is a CWC or not. The intelligence struction, including nuclear, biologi- that are of major concern to U.S. mili- community believes that, the conven- cal, and chemical weapons and mate- tary leaders and policymakers. That is tion is a net plus to its efforts to mon- rials. The so-called Nunn-Lugar-Do- why the CWC has been endorsed by itor the activities of chemical-weapons menici legislative response to these every Chairman from the Joint Chiefs states around the globe. threats passed the Senate unanimously of Staff over the last 20 years. The CWC is not without blemishes. and was agreed to in the House-Senate As David Kay former chief U.N. in- The United States had to make conces- conference on the DOD authorization spector in Iraq, Ronald Lehman, sions in a negotiating process that in- bill. If the Senate were to vote against former Assistant Secretary of Defense volved nearly 40 states representing all ratification of the CWC, we would in ef- and Director of ACDA, and James possible world views. These are not fect be taking a large step backward in Woolsey, former Director of Central In- easy to accept in a U.S. political proc- our positive efforts to work toward de- telligence, wrote recently in The Wash- ess that has a hard time accepting nying our enemies the tools of destruc- ington Post, ‘‘It is hard to understand tradeoffs in bilateral negotiations and, tion they desire and protecting U.S. why critics of the CWC believe it is to increasingly, even in domestic political citizens from acts of terror and war. the advantage of U.S. forces—who one bargaining. The Senate should not be Mr. President, the time has come for day may have to face an adversary surprised that the treaty is not perfect. us to join the growing worldwide con- armed with chemical weapons—to let But that is not the point. The proper sensus to ratify the treaty we invented. such development proceed unhindered question is whether, on balance, does I believe that we are far better off with by vigorous inspection. Such inspec- the CWC serve the national interest. the CWC than without it. We have al- tions can slow a chemical weapons pro- For some, no arms control treaty is ways been the world’s leader in fight- gram, make it more expensive and less good enough. Indeed, the very high ing the proliferation of weapons of effective and can develop the usable stakes of the cold war and the fact that mass destruction and we must not re- evidence needed to convince doubting arms control cheating by the Soviet coil from that challenge at this critical allies.’’ Union represented a potential threat to juncture. Further, we must not betray There is no such thing as perfect ver- the survival of the United States led to the American chemical industry who ifiability in a treaty, but the CWC pro- a legitimate focus on treaties with worked with us for so many years to vides useful tools. As Woolsey, Lehman high standards, especially for verifica- develop this treaty and who would be and Kay put it ‘‘the CWC offers at the tion and the ability to detect even badly disadvantaged in world markets outset verification tools that go be- minor violations. if we fail to act responsibly. We asked yond those of other arms-control trea- The cold war, is over, and treaty re- them for their help; they gave it will- ties.’’ quirements must suit U.S. national in- ingly and now face the possibility of an We should all support giving the U.S. terests as they exist today. Despite the international Mark of Cain if we fail to Intelligence Community the necessary CWC’s tradeoffs, it is widely supported ratify. The time is now. The choice is resources to monitor worldwide chemi- by U.S. industry, the U.S. military, and clear. cal weapons activities—and, in the nonproliferation experts. They know it I urge my colleagues first, to support process, to monitor CWC compliance— not to be a panacea or perfect—but the motions to strike the five condi- as well as possible. The CWC will aid in nonetheless clearly in the service of tions in disagreement in the resolution that monitoring, as well as in focusing U.S. military, economic and political of ratification, second, to then vote yes international sanctions on any viola- interests. They also know it to be bet- to approve the resolution of ratifica- tors. All of these gains for our Intel- ter than the alternative defined by tion and consent to treaty ratification, ligence Communities’ ability to mon- CWC opponents as reliance on chemical and third, to then proceed quickly to April 23, 1997 CONGRESSIONAL RECORD — SENATE S3485 pass the domestic implementing legis- col of 1925 which bans the use of chemical ment, has contradicted itself time and again, lation that is a necessary companion of weapons in war. Unfortunately, the Geneva calling into serious doubt the credibility of this treaty. Protocol has not prevented all use of chemi- its claims. The Chemical Weapons Convention cal weapons, and we have been reminded just Throughout the fall of 1996, the Senate was in the last week of the dangers presented by bombarded with claims from the Administra- offers the United States one more tool tyrants such as Saddam Hussein. tion and CMA that $600 million in export in our arsenal to help prevent, deter, or In fact, Saddam used chemical weapons in sales would be ‘‘placed at risk’’ if the U.S. to manage the threat posed by chemi- the Iran-Iraq War and against his own Kurd- did not ratify the treaty. cal weapons. It is up to the Senate, ish population in the North. And, lest anyone Unable to substantiate such claims, the after weighing the benefits and costs of think this is no concern of ours, there is a CMA cut its estimate by more than half in the Convention, to determine whether distinct possibility that American troops February, 1997, to $280 million in potential the CWC tool, on balance, provides were exposed to Saddam’s chemical weapons lost sales. major value-added to the United States during the Gulf War. The United States On March 10, 1997, under further scrutiny, needs and wants a treaty which effectively CMA dropped its estimate to $227 million in in achieving that objective. I believe it bans chemical weapons from every point on potential lost exports. does. earth. To achieve this goal, a treaty must be However, $142 million of CMA’s estimate The PRESIDING OFFICER. We have effectively verifiable and genuinely global— comes from the sale of Amiton, a pesticide a previous order to recess. encompassing all countries that possess, or which Western countries do not use (for envi- Mr. HELMS. Mr. President, before could possess, chemical weapons. If the ronmental reasons) but which is sold to you rule, I would like to be heard. Chemical Weapons Convention now before many African countries (many of which have The PRESIDING OFFICER. Will the you achieves this goal, I will support it. If it not ratified the CWC). Senator from Indiana yield? does not, I believe we should pass up illusory The truth of the matter is that less than one-quarter of one percent of CMA’s annual Mr. LUGAR. Is the order that the arms control measures. As President, I would work to achieve a treaty which really exports could be subject to trade restrictions Senate should recess at 12:30? Has that does the job instead of making promises of if the U.S. does not ratify the CWC. been adopted earlier? enhanced security which will not be CMA is now claiming that European coun- The PRESIDING OFFICER. Yes. achieved. tries will impose broader ‘‘non-tariff’’ bar- Under a previous order, we would re- I supported the START I, START II, INF riers on U.S. chemicals, despite the fact that cess from 12:30 to 2:15 for the policy and CFE Treaties because these agreements 30 percent of all CMA members are owned by luncheons. met three simple criteria established by Europeans or other countries (such as Akzo The PRESIDING OFFICER. The Sen- President Reagan: effective verification, real Nobel Chemicals, which is Dutch). ator from North Carolina is recognized. reductions and stability. In evaluating the CMA companies must not be all that concerned since CMA admitted in March that no Mr. HELMS. Mr. President, I ask to Chemical Weapons Convention, I suggest you apply these same criteria, adapted to these CMA member company had filed a report be recognized for at least 10 minutes so particular weapons and to the post-Cold War with the Securities and Exchange Commis- that the distinguished occupant of the multi-polar world. Thus, I have three con- sion to notify stockholder regarding the im- chair can be recognized to make a cerns. First, effective verification: do we pact of U.S. nonratification. statement. While we get a replacement have high confidence that our intelligence JUST WHAT TYPES OF CHEMICALS ARE SUBJECT for him in the chair, let me say this be- will detect violations? Second, real reduc- TO TRADE RESTRICTIONS? fore the matter gets too cold. The dis- tions, in this case down to zero: will the The CWC has three schedules of chemicals. tinguished Senator from Indiana, in treaty really eliminate chemical weapons? Schedule 1 compounds are those which con- good faith, I know, raised a number of Third, stability; will the treaty be truly stitute chemical weapons or only have chem- global or will countries like Iraq, Iran, concerns about the Chemical Weapons ical weapons applications. They are not trad- Syria, Libya and North Korea still be able to ed by U.S. companies anyway. Convention in terms of this. Senator destabilize others with the threat of chemi- Dole, in a letter dated September 11, Schedule 2 chemicals are also usable in or cal weapons? as weapons, and they are ‘‘not produced in 1996, contrary to what the distin- Furthermore, I believe it is important that large commercial quantities for purposes not guished Senator from Indiana said, said the Senate insure that the implementation prohibited under [the CWC].’’ (Annex A, the following: of this treaty recognize and safeguard Amer- paragraph 2 of the CWC) Thus, these chemi- ican Constitutional protections against un- To achieve this goal, a treaty must be ef- cals also are not traded, or are traded in in- warranted searches. fectively verifiable and genuinely global—en- significant quantities, by U.S. companies. It is my understanding that the Senate compassing all countries that possess, or Schedule 1 and 2 chemicals are controlled will have the opportunity to address these could possess, chemical weapons. If the under U.S. export regulations and would not matters in debate and, perhaps, in amending Chemical Weapons Convention now before be traded freely by U.S. companies regard- the Resolution of Ratification. It is my hope you achieves this goal, I will support it. less of membership of the U.S. in the CWC. that President Clinton will assist you in re- Now, of course, Senator Dole wrote Schedule 3 chemicals are common commer- solving them. If we work together, we can cial chemicals which may be used in chemi- that letter in good faith, and I suppose achieve a treaty which truly enhances Amer- cal weapons, but which have many other that the administration has assured ican security. uses. These chemicals, together with chemi- him, incorrectly, that all of his con- Best regards, cals not on any of the three schedules, com- cerns have been taken care of. BOB DOLE. prise the vast majority—virtually all—of In any case, I ask unanimous consent Mr. HELMS. Mr. President, in con- U.S. chemical trade. that the letter written by Bob Dole on nection with that, statements were There are no restrictions on trade of September 11, 1996, be printed in the made about the chemical industry los- Schedule 3 chemicals implied or stated in the CWC. U.S. nonmembership in the treaty RECORD at this point. ing $600 and $800 million. It is a moving There being no objection, the letter target. They say several things at one will not affect trade in chemicals on Sched- ule 3 or which do not appear on any schedule. was ordered to be printed in the time. The CWC states that ‘‘Schedule 2 chemi- RECORD, as follows: I ask unanimous consent that this cals shall only be transferred to or received SEPTEMBER 11, 1996. statement correctly altering the from States Parties.’’ Therefore, if the U.S. Hon. TRENT LOTT, misstatements already made, and prob- is not a party, it cannot export to or receive Majority Leader, U.S. Senate, ably will be reiterated, be printed in from CWC member states any Schedule 2 Washington, DC. the RECORD at this time. chemicals. This does not matter to U.S. DEAR TRENT: Thank you for seeking my There being no objection, the mate- trade, however, because the U.S. manufac- views on the Chemical Weapons Convention rial was ordered to be printed in the tures all of the Schedule 2 chemicals it needs which will soon be considered by the United and does not export them in significant States Senate. You do indeed have an impor- RECORD, as follows: quantities. tant national security decision before you THE UNITED STATES CHEMICAL INDUSTRY WILL There is no basis in the claim that non- and I am pleased to offer you my views. NOT LOSE $600 MILLION IN ANNUAL EXPORTS membership in the CWC will harm U.S. im- I am sure that I share with all my former FROM U.S. NONRATIFICATION ports or exports, or harm U.S. industry in colleagues—on both sides of the aisle—a The argument that U.S. chemical compa- any significant manner. In fact, the oppor- strong aversion to chemical weapons. They nies will be subject to trade sanctions and tunity for smaller chemical companies to are horrible, and there should be no doubt will have their exports dramatically harmed break into the domestic market and compete that I am unequivocally opposed to their if the U.S. does not ratify the CWC is pain the production of the limited amount of use, production or stockpiling. Their wide- tently untrue. Schedule 2 chemicals that cannot be im- spread use during World War I provoked an The Chemical Manufacturers Association ported would prove a net plus for the econ- outcry which resulted in the Geneva Proto- (CMA), which has been making this argu- omy. S3486 CONGRESSIONAL RECORD — SENATE April 23, 1997 Mr. HELMS. Now, I am taking this have hostile intentions toward the and would cause me to reconsider my advantage as the chairman of the com- United States. This means that coun- current support for the treaty. mittee. I spoke for 26 minutes this tries which are suspected of having I urge my colleagues to vote against morning. The distinguished ranking chemical weapons programs and are any killer amendments that would member spoke for an hour. Just for the sponsors of terrorism—such as Libya, strike these conditions and, therefore, record, how long did the distinguished Syria, Iraq, and North Korea—must deprive the United States of assurances Senator from Indiana speak? I ask that participate in the CWC. Just this that the Chemical Weapons Convention of the Chair. morning, a newspaper article reported is effective, enforceable and verifiable. The PRESIDING OFFICER (Mr. that a prominent North Korean defec- The American taxpayers, who will be LUGAR). The Senator from Indiana tor has warned that his former country funding U.S. participation in the CWC, spoke for 41 minutes. is fully prepared to launch a chemical deserve a treaty that unquestionably Mr. HELMS. I see. So the Senator weapons attack on its neighbors. North and unambiguously advances our na- from North Carolina feels that maybe Korea has not yet signed the CWC. tional security. they have had ample opportunity thus Fourth, we need to provide as much I yield the floor. far into the debate. protection as possible for U.S. Govern- f Now, I ask that the distinguished ment facilities and businesses when RECESS Senator from Minnesota be recognized faced with international inspections. The PRESIDING OFFICER. Under for 7 minutes, after which time we will While the CWC does allow the United the previous order, the Senate will be stand in recess for the policy luncheon. States to refuse specific inspectors, it in recess until 2:15 p.m. The PRESIDING OFFICER. Without should be a matter of policy that we Thereupon, the Senate, at 12:39 p.m., objection, the Senator from Minnesota will not accept inspectors from terror- recessed until 2:15 p.m.; whereupon, the is recognized. ist states like Iran. We are certainly Senate reassembled when called to Mr. GRAMS. Mr. President, I rise to justified in suspecting that these in- order by the Presiding Officer (Mr. express my support for the Chemical spectors would be intent on gaining ac- GREGG). Weapons Convention [CWC] with the cess to classified or confidential busi- f full complement of 33 conditions on ness information. U.S. participation, which are now being Fifth, I understand the administra- EXECUTIVE SESSION considered by the Senate. tion has offered assurances that the As a member of the Foreign Rela- United States will not seek to transfer CHEMICAL WEAPONS CONVENTION tions Committee, I have been review- chemical technology or information ing and studying this treaty for over a about chemical defenses to countries The Senate continued with the con- year now and have had some serious that might put it to harmful use. But sideration of the convention. reservations about the CWC through- because of the vagueness of the treaty The PRESIDING OFFICER. The Sen- out that process. language, we need to go further to pre- ate will now proceed, under a previous order, to a voice vote on Senate Reso- Therefore, I believe the conditions in vent the proliferation of chemical Senate Executive Resolution 75 are es- lution 75. weapons. We need to close off the possi- The resolution (S. Res. 75) was re- sential to ensuring that the CWC has bility that other countries could use real benefits for American national se- jected. language in the treaty as cover for The PRESIDING OFFICER. Under a curity and will be truly verifiable and their desires to transfer chemical tech- previous order, the motion to recon- effective. Before we commit the Amer- nology to countries like Iran. As we sider is agreed to. ican taxpayers to paying more than have seen in Iraq and North Korea, nu- The resolution of ratification (S. Res. $100 million annually for U.S. partici- clear technology acquired supposedly 75) is back before the Senate. pation in the treaty, we owe them for peaceful purposes can advance Under the previous order, the ques- nothing less. weapon capabilities. tion now occurs on the first 28 condi- Let me outline the conditions I be- Sixth and finally, we need to be sure tions en bloc. lieve are the most important. that the CWC is effectively verifiable, The first 28 conditions en bloc were First, I am pleased the Clinton ad- meaning that the United States has a agreed to, as follows: ministration has finally reversed its high degree of confidence in its ability SEC. 2. CONDITIONS. long-standing position that the CWC to detect significant violations. I The Senate’s advice and consent to the would prevent U.S. soldiers from using strongly supported the START II Trea- ratification of the Chemical Weapons Con- tear gas to rescue downed pilots or to ty because it met this traditional vention is subject to the following condi- avoid deadly force when enemy troops tions, which shall be binding upon the Presi- standard. If we don’t think we can de- dent: are using civilians as human shields. tect cheating under the CWC, it seri- (1) EFFECT OF ARTICLE XXII.—Upon the de- Second, we must be sure that Russia ously calls into question the value of posit of the United States instrument of will both comply with the existing the treaty. ratification, the President shall certify to chemical weapons destruction agree- Recently, there have been reports the Congress that the United States has in- ments it has already signed, and that it that China is selling chemical weapons formed all other States Parties to the Con- will ratify the CWC. Russia has the components to Iran. Both countries vention that the Senate reserves the right, largest chemical weapons stockpile in pursuant to the Constitution of the United have signed the CWC and, therefore, States, to give its advice and consent to rati- the world and its compliance with ear- are supposedly committed to banning fication of the Convention subject to res- lier agreements will help the United such activity. ervations, notwithstanding Article XXII of States be more confident of its ability In conclusion, Mr. President, there the Convention. to monitor Russian compliance with are conditions in the current resolu- (2) FINANCIAL CONTRIBUTIONS.—Notwith- the CWC. tion of ratification for the CWC that standing any provision of the Convention, no This is especially important given re- address every single one of the con- funds may be drawn from the Treasury of the ports that Russia has already devel- cerns I have mentioned. United States for payments or assistance (in- oped new chemical weapons programs cluding the transfer of in-kind items) under I sincerely intend to support and vote paragraph 16 of Article IV, paragraph 19 of specifically designed to evade the trea- for the Chemical Weapons Convention Article V, paragraph 7 of Article VIII, para- ty. More than 15 months after the Unit- as long as the resolution of ratification graph 23 of Article IX, Article X, or any ed States ratified the START II Trea- is fortified with such strong conditions. other provision of the Convention, without ty, Russia has refused to follow suit. They will help ensure that this treaty statutory authorization and appropriation. What makes us think that if we join will have a real impact on the pro- (3) ESTABLISHMENT OF AN INTERNAL OVER- the CWC before Russia does, it will liferation of chemical weapons and pro- SIGHT OFFICE.— then follow our example? vide proven protection for U.S. forces. (A) CERTIFICATION.—Not later than 240 days after the deposit of the United States instru- Third, the CWC will not protect However, I understand that some of ment of ratification, the President shall cer- American soldiers from chemical at- my colleagues may try to strip out tify to the Congress that the current inter- tack unless it has a serious and imme- these important conditions on the nal audit office of the Preparatory Commis- diate impact on those countries that CWC. This would be very unfortunate sion has been expanded into an independent April 23, 1997 CONGRESSIONAL RECORD — SENATE S3487

internal oversight office whose functions vention, including the training of inspectors (B) PERIODIC AND SPECIAL REPORTS.— will be transferred to the Organization for and the provision of detection equipment and (i) IN GENERAL.—The President shall report the Prohibition of Chemical Weapons upon on-site analysis sampling and analysis tech- periodically, but not less frequently than the establishment of the Organization. The niques, or share the articles, items, or serv- semiannually, to the Select Committee on independent internal oversight office shall ices resulting from any research and develop- Intelligence of the Senate and the Perma- be obligated to protect confidential informa- ment undertaken previously, without first nent Select Committee on Intelligence of the tion pursuant to the obligations of the Con- having concluded and submitted to the Con- House of Representatives on the types and fidentiality Annex. The independent internal gress a cost-sharing arrangement with the volume of intelligence information provided oversight office shall— Organization. to the Organization or affiliated organiza- (i) make investigations and reports relat- (C) CONSTRUCTION.—Nothing in this para- tions and the purposes for which it was pro- ing to all programs of the Organization; graph may be construed as limiting or con- vided during the period covered by the re- (ii) undertake both management and finan- stricting in any way the ability of the Unit- port. cial audits, including— ed States to pursue unilaterally any project (ii) EXEMPTION.—For purposes of this sub- (I) an annual assessment verifying that undertaken solely to increase the capability paragraph, intelligence information provided classified and confidential information is of the United States means for monitoring to the Organization or affiliated organiza- stored and handled securely pursuant to the compliance with the Convention. tions does not cover information that is pro- general obligations set forth in Article VIII (5) INTELLIGENCE SHARING AND SAFE- vided only to, and only for the use of, appro- and in accordance with all provisions of the GUARDS.— priately cleared United States Government Annex on the Protection of Confidential In- (A) PROVISION OF INTELLIGENCE INFORMA- personnel serving with the Organization or formation; and TION TO THE ORGANIZATION.— an affiliated organization. (II) an annual assessment of laboratories (i) IN GENERAL.—No United States intel- (C) SPECIAL REPORTS.— established pursuant to paragraph 55 of Part ligence information may be provided to the (i) REPORT ON PROCEDURES.—Accompanying II of the Verification Annex to ensure that Organization or any organization affiliated the certification provided pursuant to sub- the Director General of the Technical Sec- with the Organization, or to any official or paragraph (A)(i), the President shall provide retariat is carrying out his functions pursu- employee thereof, unless the President cer- a detailed report to the Select Committee on ant to paragraph 56 of Part II of the Verifica- tifies to the appropriate committees of Con- Intelligence of the Senate and the Perma- tion Annex; gress that the Director of Central Intel- nent Select Committee on Intelligence of the (iii) undertake performance evaluations ligence, in consultation with the Secretary House of Representatives identifying the annually to ensure the Organization has of State and the Secretary of Defense, has procedures established for protecting intel- complied to the extent practicable with the established and implemented procedures, and ligence sources and methods when intel- recommendations of the independent inter- has worked with the Organization to ensure ligence information is provided pursuant to nal oversight office; implementation of procedures, for protecting this section. (iv) have access to all records relating to from unauthorized disclosure United States (ii) REPORTS ON UNAUTHORIZED DISCLO- the programs and operations of the Organiza- intelligence sources and methods connected SURES.—The President shall submit a report tion; to such information. These procedures shall to the Select Committee on Intelligence of (v) have direct and prompt access to any include the requirement of— the Senate and the Permanent Select Com- official of the Organization; and (I) the offer and provision of advice and as- mittee on Intelligence of the House of Rep- (vi) be required to protect the identity of, sistance to the Organization in establishing resentatives within 15 days after it has be- and prevent reprisals against, all complain- and maintaining the necessary measures to come known to the United States Govern- ants. ensure that inspectors and other staff mem- ment regarding any unauthorized disclosure (B) COMPLIANCE WITH RECOMMENDATIONS.— bers of the Technical Secretariat meet the of intelligence provided by the United States The Organization shall ensure, to the extent highest standards of efficiency, competence, to the Organization. practicable, compliance with recommenda- and integrity, pursuant to paragraph 1(b) of (D) DELEGATION OF DUTIES.—The President tions of the independent internal oversight the Confidentiality Annex, and in establish- may not delegate or assign the duties of the office, and shall ensure that annual and ing and maintaining a stringent regime gov- President under this section. other relevant reports by the independent in- erning the handling of confidential informa- (E) RELATIONSHIP TO EXISTING LAW.—Noth- ternal oversight office are made available to tion by the Technical Secretariat, pursuant ing in this paragraph may be construed to— all member states pursuant to the require- to paragraph 2 of the Confidentiality Annex; (i) impair or otherwise affect the authority ments established in the Confidentiality (II) a determination that any unauthorized of the Director of Central Intelligence to Annex. disclosure of United States intelligence in- protect intelligence sources and methods (C) WITHHOLDING A PORTION OF CONTRIBU- formation to be provided to the Organization from unauthorized disclosure pursuant to TIONS.—Until a certification is made under or any organization affiliated with the Orga- section 103(c)(5) of the National Security Act subparagraph (A), 50 percent of the amount nization, or any official or employee thereof, of 1947 (50 U.S.C. 403–3(c)(5)); or of United States contributions to the regular would result in no more than minimal dam- (ii) supersede or otherwise affect the provi- budget of the Organization assessed pursuant age to United States national security, in sions of title V of the National Security Act to paragraph 7 of Article VIII shall be with- light of the risks of the unauthorized disclo- of 1947 (50 U.S.C. 413 et seq.). held from disbursement, in addition to any sure of such information; (F) DEFINITIONS.—In this section: other amounts required to be withheld from (III) sanitization of intelligence informa- (i) APPROPRIATE COMMITTEES OF CON- disbursement by any other provision of law. tion that is to be provided to the Organiza- GRESS.—The term ‘‘appropriate committees (D) ASSESSMENT OF FIRST YEAR CONTRIBU- tion to remove all information that could be- of Congress’’ means the Committee on For- TIONS.—Notwithstanding the requirements of tray intelligence sources and methods; and eign Relations and the Select Committee on this paragraph, for the first year of the Orga- (IV) interagency United States intelligence Intelligence of the Senate and the Commit- nization’s operation, ending on April 29, 1998, community approval for any release of intel- tee on International Relations and the Per- the United States shall make its full con- ligence information to the Organization, no manent Select Committee on Intelligence of tribution to the regular budget of the Orga- matter how thoroughly it has been sanitized. the House of Representatives. nization assessed pursuant to paragraph 7 of (ii) WAIVER AUTHORITY.— (ii) ORGANIZATION.—The term ‘‘Organiza- Article VIII. (I) IN GENERAL.—The Director of Central tion’’ means the Organization for the Prohi- (E) DEFINITION.—For purposes of this para- Intelligence may waive the application of bition of Chemical Weapons established graph, the term ‘‘internal oversight office’’ clause (i) if the Director of Central Intel- under the Convention and includes any organ means the head of an independent office (or ligence certifies in writing to the appro- of that Organization and any board or work- other independent entity) established by the priate committees of Congress that providing group, such as the Scientific Advisory Organization to conduct and supervise objec- ing such information to the Organization or Board, that may be established by it. tive audits, inspections, and investigations an organization affiliated with the Organiza- (iii) ORGANIZATION AFFILIATED WITH THE OR- relating to the programs and operations of tion, or to any official or employee thereof, GANIZATION.—The terms ‘‘organization affili- the Organization. is in the vital national security interests of ated with the Organization’’ and ‘‘affiliated (4) COST SHARING ARRANGEMENTS.— the United States and that all possible meas- organizations’’ include the Provisional Tech- (A) ANNUAL REPORTS.—Prior to the deposit ures to protect such information have been nical Secretariat under the Convention and of the United States instrument of ratifica- taken, except that such waiver must be made any laboratory certified by the Director- tion, and annually thereafter, the President for each instance such information is pro- General of the Technical Secretariat as des- shall submit a report to Congress identifying vided, or for each such document provided. ignated to perform analytical or other func- all cost-sharing arrangements with the Orga- In the event that multiple waivers are issued tions. nization. within a single week, a single certification (6) AMENDMENTS TO THE CONVENTION.— (B) COST-SHARING ARRANGEMENT RE- to the appropriate committees of Congress (A) VOTING REPRESENTATION OF THE UNITED QUIRED.—The United States shall not under- may be submitted, specifying each waiver is- STATES.—A United States representative will take any new research or development ex- sued during that week. be present at all Amendment Conferences penditures for the primary purpose of refin- (II) DELEGATION OF DUTIES.—The Director and will cast a vote, either affirmative or ing or improving the Organization’s regime of Central Intelligence may not delegate any negative, on all proposed amendments made for verification of compliance under the Con- duty of the Director under this paragraph. at such conferences. S3488 CONGRESSIONAL RECORD — SENATE April 23, 1997

(B) SUBMISSION OF AMENDMENTS AS TREA- (D) PERIODIC CONSULTATION WITH CONGRES- (B) BRIEFINGS ON COMPLIANCE.—Given its TIES.—The President shall submit to the SIONAL COMMITTEES.—The President shall concern about the intelligence community’s Senate for its advice and consent to ratifica- consult periodically, but not less frequently low level of confidence in its ability to mon- tion under Article II, Section 2, Clause 2 of than twice a year, with the Committee on itor compliance with the Convention, the the Constitution of the United States any Foreign Relations of the Senate and the Senate expects the executive branch of the amendment to the Convention adopted by an Committee on International Relations of the Government to offer regular briefings, not Amendment Conference. House of Representatives, on Australia less than four times a year, to the Commit- (7) CONTINUING VITALITY OF THE AUSTRALIA Group export control and nonproliferation tee on Foreign Relations of the Senate and GROUP AND NATIONAL EXPORT CONTROLS.— measures. If any Australia Group member the Committee on International Relations of (A) DECLARATION.—The Senate declares adopts a position at variance with the cer- the House of Representatives on compliance that the collapse of the informal forum of tifications and understandings provided issues related to the Convention. Such brief- states known as the ‘‘Australia Group,’’ ei- under subparagraph (B), or should seek to ings shall include a description of all United ther through changes in membership or lack gain Australia Group acquiescence or ap- States efforts in bilateral and multilateral of compliance with common export controls, proval for an interpretation that various diplomatic channels and forums to resolve or the substantial weakening of common provisions of the Convention require it to re- compliance issues and shall include a com- Australia Group export controls and non- move chemical-weapons related export con- plete description of— proliferation measures in force on the date of trols against any State Party to the Conven- (i) any compliance issues the United States United States ratification of the Convention, tion, the President shall block any effort by plans to raise at meetings of the Organiza- would constitute a fundamental change in that Australia Group member to secure Aus- tion, in advance of such meetings; circumstances to United States ratification tralia Group approval of such a position or (ii) any compliance issues raised at meet- of the Convention. interpretation. ings of the Organization, within 30 days of (B) CERTIFICATION REQUIREMENT.—Prior to (E) DEFINITIONS.—In this paragraph: such meeting; the deposit of the United States instrument (i) AUSTRALIA GROUP.—The term ‘‘Aus- (iii) any determination by the President of ratification, the President shall certify to tralia Group’’ means the informal forum of that a State Party is in noncompliance with Congress that— states, chaired by Australia, whose goal is to or is otherwise acting in a manner inconsist- (i) nothing in the Convention obligates the discourage and impede chemical and biologi- ent with the object or purpose of the Conven- United States to accept any modification, cal weapons proliferation by harmonizing nation, within 30 days of such a determination. change in scope, or weakening of its national tional export controls chemical weapons pre- (C) ANNUAL REPORTS ON COMPLIANCE.—The export controls; cursor chemicals, biological weapons patho- President shall submit on January 1 of each (ii) the United States understands that the gens, and dual-use production equipment, year to the Committee on Foreign Relations maintenance of national restrictions on and through other measures. of the Senate and the Committee on Inter- trade in chemicals and chemical production (ii) HIGHEST DIPLOMATIC LEVELS.—The term national Relations of the House of Rep- technology is fully compatible with the pro- ‘‘highest diplomatic levels’’ means at the resentatives a full and complete classified visions of the Convention, including Article levels of senior officials with the power to and unclassified report setting forth— XI(2), and solely within the sovereign juris- authoritatively represent their governments, (i) a certification of those countries in- diction of the United States; and does not include diplomatic representa- cluded in the Intelligence Community’s Mon- (iii) the Convention preserves the right of tives of those governments to the United itoring Strategy, as set forth by the Director State Parties, unilaterally or collectively, to States. of Central Intelligence’s Arms Control Staff maintain or impose export controls on (8) NEGATIVE SECURITY ASSURANCES.— and the National Intelligence Council (or chemicals and related chemical production (A) REEVALUATION.—In forswearing under any successor document setting forth intel- technology for foreign policy or national se- the Convention the possession of a chemical ligence priorities in the field of the prolifera- curity reasons, notwithstanding Article weapons retaliatory capability, the Senate tion of weapons of mass destruction) that are XI(2); and understands that deterrence of attack by determined to be in compliance with the (iv) each Australia Group member, at the chemical weapons requires a reevaluation of Convention, on a country-by-country basis; highest diplomatic levels, has officially com- the negative security assurances extended to (ii) for those countries not certified pursu- municated to the United States Government non-nuclear-weapon states. ant to clause (i), an identification and as- its understanding and agreement that export (B) CLASSIFIED REPORT.—Accordingly, 180 sessment of all compliance issues arising control and nonproliferation measures which days after the deposit of the United States with regard to the adherence of the country the Australia Group has undertaken are instrument of ratification, the President to its obligation under the Convention; fully compatible with the provisions of the shall submit to the Congress a classified re- (iii) the steps the United States has taken, Convention, including Article XI(2), and its port setting forth the findings of a detailed either unilaterally or in conjunction with commitment to maintain in the future such review of United States policy on negative another State Party— export controls and nonproliferation meas- security assurances, including a determina- (I) to initiate challenge inspections of the ures against non-Australia Group members. tion of the appropriate responses to the use noncompliant party with the objective of (C) ANNUAL CERTIFICATION.— of chemical or biological weapons against demonstrating to the international commu- (i) EFFECTIVENESS OF AUSTRALIA GROUP.— the Armed Forces of the United States, Unit- nity the act of noncompliance; The President shall certify to Congress on an ed States citizens, allies, and third parties. (II) to call attention publicly to the activ- annual basis that— (9) PROTECTION OF ADVANCED BIO- ity in question; and (I) Australia Group members continue to TECHNOLOGY.—Prior to the deposit of the (III) to seek on an urgent basis a meeting maintain an equally effective or more com- United States instrument of ratification, and at the highest diplomatic level with the non- prehensive control over the export of toxic on January 1 of every year thereafter, the compliant party with the objective of bring- chemicals and their precursors, dual-use President shall certify to the Committee on ing the noncompliant party into compliance; processing equipment, human, animal and Foreign Relations and the Speaker of the (iv) a determination of the military signifi- plant pathogens and toxins with potential bi- House of Representatives that the legitimate cance and broader security risks arising ological weapons application, and dual-use commercial activities and interests of chem- from any compliance issue identified pursu- biological equipment, as that afforded by the ical, biotechnology, and pharmaceutical ant to clause (ii); and Australia Group as of the date of ratification firms in the United States are not being sig- (v) a detailed assessment of the responses of the Convention by the United States; and nificantly harmed by the limitations of the of the noncompliant party in question to ac- (II) the Australia Group remains a viable Convention on access to, and production of, tion undertaken by the United States de- mechanism for limiting the spread of chemi- those chemicals and toxins listed in Sched- scribed in clause (iii). cal and biological weapons-related materials ule 1 of the Annex on Chemicals. (D) COUNTRIES PREVIOUSLY INCLUDED IN and technology, and that the effectiveness of (10) MONITORING AND VERIFICATION OF COM- COMPLIANCE REPORTS.—For any country that the Australia Group has not been under- PLIANCE.— was previously included in a report submit- mined by changes in membership, lack of (A) DECLARATION.—The Senate declares ted under subparagraph (C), but which subse- compliance with common export controls that— quently is not included in the Intelligence and nonproliferation measures, or the weak- (i) the Convention is in the interests of the Community’s Monitoring Strategy (or suc- ening of common controls and nonprolifera- United States only if all State Parties are in cessor document), such country shall con- tion measures, in force as of the date of rati- strict compliance with the terms of the Con- tinue to be included in the report submitted fication of the Convention by the United vention as submitted to the Senate for its under subparagraph (C) unless the country States. advice and consent to ratification, such com- has been certified under subparagraph (C)(i) (ii) CONSULTATION WITH SENATE REQUIRED.— pliance being measured by performance and for each of the previous two years. In the event that the President is, at any not by efforts, intentions, or commitments (E) FORM OF CERTIFICATIONS.—For those time, unable to make the certifications de- to comply; and countries that have been publicly and offi- scribed in clause (i), the President shall con- (ii) the Senate expects all State Parties to cially identified by a representative of the sult with the Senate for the purposes of ob- be in strict compliance with their obliga- intelligence community as possessing or taining a resolution of continued adherence tions under the terms of the Convention, as seeking to develop chemical weapons, the to the Convention, notwithstanding the fun- submitted to the Senate for its advice and certification described in subparagraph (C)(i) damental change in circumstance. consent to ratification; shall be in unclassified form. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3489

(F) ANNUAL REPORTS ON INTELLIGENCE.—On (iii) it is essential for the United States proposals for increased military assistance, January 1, 1998, and annually thereafter, the and key regional allies to preserve and fur- including through the Foreign Military Director of Central Intelligence shall submit ther develop robust chemical and biological Sales, Foreign Military Financing, and the to the Committees on Foreign Relations, defenses; International Military Education and Train- Armed Services, and the Select Committee (iv) the United States Armed Forces are in- ing programs pursuant to the Foreign Assist- on Intelligence of the Senate and to the adequately equipped, organized, trained and ance Act of 1961. Committees on International Relations, Na- exercised for chemical and biological defense (D) UNITED STATES ARMY CHEMICAL tional Security, and Permanent Select Com- against current and expected threats, and SCHOOL.—The Secretary of Defense shall take mittee of the House of Representatives, a that too much reliance is placed on non-ac- those actions necessary to ensure that the full and complete classified and unclassified tive duty forces, which receive less training United States Army Chemical School re- report regarding— and less modern equipment, for critical mains under the oversight of a general offi- (i) the status of chemical weapons develop- chemical and biological defense capabilities; cer of the United States Army. ment, production, stockpiling, and use, with- (v) the lack of readiness stems from a de- (E) SENSE OF THE SENATE.—Given its con- in the meanings of those terms under the emphasis of chemical and biological defenses cerns about the present state of chemical Convention, on a country-by-country basis; within the executive branch of Government and biological defense readiness and train- (ii) any information made available to the and the United States Armed Forces; ing, it is the sense of the Senate that— United States Government concerning the (vi) the armed forces of key regional allies (i) in the transfer, consolidation, and reor- development, production, acquisition, stock- and likely coalition partners, as well as ci- ganization of the United States Army Chem- vilians necessary to support United States ical School, the Army should not disrupt or piling, retention, use, or direct or indirect military operations, are inadequately pre- diminish the training and readiness of the transfer of novel agents, including any uni- pared and equipped to carry out essential United States Armed Forces to fight in a tary or binary chemical weapon comprised of missions in chemically and biologically con- chemical-biological warfare environment; chemical components not identified on the taminated environments; (ii) the Army should continue to operate schedules of the Annex on Chemicals, on a (vii) congressional direction contained in the Chemical Defense Training Facility at country-by-country basis; the Defense Against Weapons of Mass De- Fort McClellan until such time as the re- (iii) the extent of trade in chemicals poten- struction Act of 1996 (title XIV of Public Law placement training facility at Fort Leonard tially relevant to chemical weapons pro- 104–201) should lead to enhanced domestic Wood is functional. grams, including all Australia Group chemi- preparedness to protect against chemical and (F) ANNUAL REPORTS ON CHEMICAL AND BIO- cals and chemicals identified on the sched- biological weapons threats; and LOGICAL WEAPONS DEFENSE ACTIVITIES.—On ules of the Annex on Chemicals, on a coun- (viii) the United States Armed Forces January 1, 1998, and annually thereafter, the try-by-country basis; should place increased emphasis on potential President shall submit a report to the Com- (iv) the monitoring responsibilities, prac- threats to forces deployed abroad and, in mittees on Foreign Relations, Appropria- tices, and strategies of the intelligence com- particular, make countering chemical and tions, and Armed Services of the Senate and munity (as defined in section 3(4) of the Na- biological weapons use an organizing prin- the Committee on International Relations, tional Security Act of 1947) and a determina- ciple for United States defense strategy and National Security, and Appropriations of the tion of the level of confidence of the intel- development of force structure, doctrine, House of Representatives, and Speaker of the ligence community with respect to each spe- planning, training, and exercising policies of House on previous, current, and planned cific monitoring task undertaken, including the United States Armed Forces. chemical and biological weapons defense ac- an assessment by the intelligence commu- (B) ACTIONS TO STRENGTHEN DEFENSE CAPA- tivities. The report shall contain for the pre- nity of the national aggregate data provided BILITIES.—The Secretary of Defense shall vious fiscal year and for the next three fiscal by State Parties to the Organization, on a take those actions necessary to ensure that years— country-by-country basis; the United States Armed Forces are capable (i) proposed solutions to each of the defi- (v) an identification of how United States of carrying out required military missions in ciencies in chemical and biological warfare national intelligence means, including na- United States regional contingency plans, defenses identified in the March 1996 report tional technical means and human intel- despite the threat or use of chemical or bio- of the General Accounting Office entitled ligence, is being marshaled together with the logical weapons. In particular, the Secretary ‘‘Chemical and Biological Defense: Emphasis Convention’s verification provisions to mon- of Defense shall ensure that the United Remains Insufficient to Resolve Continuing itor compliance with the Convention; and States Armed Forces are effectively Problems’’, and steps being taken pursuant (vi) the identification of chemical weapons equipped, organized, trained, and exercised to subparagraph (B) to ensure that the Unit- development, production, stockpiling, or use, (including at the large unit and theater ed States Armed Forces are capable of con- within the meanings of those terms under level) to conduct operations in a chemically ducting required military operations to en- the Convention, by subnational groups, in- or biologically contaminated environment sure the success of United States regional cluding terrorist and paramilitary organiza- that are critical to the success of the United contingency plans despite the threat or use tions. States military plans in regional conflicts, of chemical or biological weapons; (G) REPORTS ON RESOURCES FOR MONITOR- including— (ii) identification of the priorities of the ING.—Each report required under subpara- (i) deployment, logistics, and reinforce- executive branch of Government in the de- graph (F) shall include a full and complete ment operations at key ports and airfields; velopment of both active and passive chemi- classified annex submitted solely to the Se- (ii) sustained combat aircraft sortie gen- cal and biological defenses; lect Committee on Intelligence of the Senate eration at critical regional airbases; and (iii) a detailed summary of all budget ac- and to the Permanent Select Committee of (iii) ground force maneuvers of large units tivities associated with the research, devel- the House of Representatives regarding— and divisions. opment, testing, and evaluation of chemical (i) a detailed and specific identification of (C) DISCUSSIONS WITH REGIONAL ALLIES AND and biological defense programs; all United States resources devoted to mon- LIKELY COALITION PARTNERS.— (iv) a detailed summary of expenditures on itoring the Convention, including informa- (i) IN GENERAL.—The Secretaries of Defense research, development, testing, and evaluation on all expenditures associated with the and State shall, as a priority matter, initiate tion, and procurement of chemical and bio- monitoring of the Convention; and discussions with key regional allies and like- logical defenses by fiscal years defense pro- (ii) an identification of the priorities of the ly regional coalition partners, including grams, department, and agency; executive branch of Government for the de- those countries where the United States cur- (v) a detailed assessment of current and velopment of new resources relating to de- rently deploys forces, where United States projected vaccine production capabilities tection and monitoring capabilities with re- forces would likely operate during regional and vaccine stocks, including progress in respect to chemical and biological weapons, in- conflicts, or which would provide civilians searching and developing a multivalent vac- cluding a description of the steps being necessary to support United States military cine; taken and resources being devoted to operations, to determine what steps are nec- (vi) a detailed assessment of procedures strengthening United States monitoring ca- essary to ensure that allied and coalition and capabilities necessary to protect and de- pabilities. forces and other critical civilians are ade- contaminate infrastructure to reinforce (11) ENHANCEMENTS TO ROBUST CHEMICAL quately equipped and prepared to operate in United States power-projection forces, in- AND BIOLOGICAL DEFENSES.— chemically and biologically contaminated cluding progress in developing a nonaqueous (A) SENSE OF THE SENATE.—It is the sense environments. chemical decontamination capability; of the Senate that— (ii) REPORTING REQUIREMENT.—Not later (vii) a description of progress made in pro- (i) chemical and biological threats to de- than one year after deposit of the United curing light-weight personal protective gear ployed United States Armed Forces will con- States instrument of ratification, the Sec- and steps being taken to ensure that pro- tinue to grow in regions of concern around retaries of Defense and State shall submit a grammed procurement quantities are suffi- the world, and pose serious threats to United report to the Committees on Foreign Rela- cient to replace expiring battle-dress over- States power projection and forward deploy- tions and Armed Services of the Senate and garments and chemical protective overgar- ment strategies; to the Speaker of the House on the result of ments to maintain required wartime inven- (ii) chemical weapons or biological weap- these discussions, plans for future discus- tory levels; ons use is a potential element of future con- sions, measures agreed to improve the pre- (viii) a description of progress made in de- flicts in regions of concern; paredness of foreign forces and civilians, and veloping long-range standoff detection and S3490 CONGRESSIONAL RECORD — SENATE April 23, 1997 identification capabilities and other battle- (v) if noncompliance has been determined, employment or official duties or by reason of field surveillance capabilities for biological seek on an urgent basis within the Security any examination or investigation of any re- and chemical weapons, including progress on Council of the United Nations a multilateral turn, report, or record made to or filed with developing a multi-chemical agent detector, imposition of sanctions against the non- the Organization, or any officer or employee unmanned aerial vehicles, and unmanned compliant party for the purposes of bringing thereof, and ground sensors; the noncompliant party into compliance; and (ii) such practice or disclosure has resulted (ix) a description of progress made in de- (vi) in the event that the noncompliance in financial losses or damages to a United veloping and deploying layered theater mis- continues for a period of longer than one States person, sile defenses for deployed United States year after the date of the determination the President shall, within 30 days after the Armed Forces which will provide greater ge- made pursuant to subparagraph (A), prompt- receipt of such information by the executive ographic coverage against current and ex- ly consult with the Senate for the purposes branch of Government, notify the Congress pected ballistic missile threats and will as- of obtaining a resolution of support of con- in writing of such determination. sist in mitigating chemical and biological tinued adherence to the Convention, not- (B) WAIVER OF IMMUNITY FROM JURISDIC- contamination through higher altitude withstanding the changed circumstances af- TION.— intercepts and boost-phase intercepts; fecting the object and purpose of the Conven- (i) CERTIFICATION.—Not later than 270 days (x) an assessment of— tion. after notification of Congress under subpara- (I) the training and readiness of the United (B) CONSTRUCTION.—Nothing in this section graph (A), the President shall certify to Con- States Armed Forces to operate in a chemi- may be construed to impair or otherwise af- gress that the immunity from jurisdiction of cally or biologically contaminated environ- fect the authority of the Director of Central such foreign person has been waived by the ment; and Intelligence to protect intelligence sources Director-General of the Technical Secretar- (II) actions taken to sustain training and and methods from unauthorized disclosure iat. readiness, including training and readiness pursuant to section 103(c)(5) of the National (ii) WITHHOLDING OF PORTION OF CONTRIBU- carried out at national combat training cen- Security Act of 1947 (50 U.S.C. 403–3(c)(5)). TIONS.—If the President is unable to make ters; (C) PRESIDENTIAL DETERMINATIONS.—If the the certification described under clause (i), (xi) a description of progress made in in- President determines that an action other- then 50 percent of the amount of each annual corporating chemical and biological consid- wise required under subparagraph (A) would United States contribution to the regular erations into service and joint exercises as impair or otherwise affect the authority of budget of the Organization that is assessed well as simulations, models, and war games the Director of Central Intelligence to pro- pursuant to paragraph 7 of Article VIII shall and the conclusions drawn from these efforts tect intelligence sources and methods from be withheld from disbursement, in addition about the United States capability to carry unauthorized disclosure, the President shall to any other amounts required to be without required missions, including missions report that determination, together with a held from disbursement by any other provi- with coalition partners, in military contin- detailed written explanation of the basis for sion of law, until— gencies; that determination, to the chairmen of the (I) the President makes such certification, (xii) a description of progress made in de- Senate Select Committee on Intelligence and or veloping and implementing service and joint the House Permanent Select Committee on (II) the President certifies to Congress that doctrine for combat and non-combat oper- Intelligence not later than 15 days after the situation has been resolved in a manner ations involving adversaries armed with making such determination. satisfactory to the United States person who chemical or biological weapons, including ef- (14) FINANCING RUSSIAN IMPLEMENTATION.— has suffered the damages due to the disclo- forts to update the range of service and joint The United States understands that, in order sure of United States confidential business doctrine to better address the wide range of to be assured of the Russian commitment to information. military activities, including deployment, a reduction in chemical weapons stockpiles, (C) BREACHES OF CONFIDENTIALITY.— reinforcement, and logistics operations in Russia must maintain a substantial stake in (i) CERTIFICATION.—In the case of any support of combat operations, and for the financing the implementation of both the breach of confidentiality involving both a conduct of such operations in concert with 1990 Bilateral Destruction Agreement and State Party and the Organization, including coalition forces; and the Convention. The United States shall not any officer or employee thereof, the Presi- (xiii) a description of progress made in re- accept any effort by Russia to make deposit dent shall, within 270 days after providing solving issues relating to the protection of of Russia’s instrument of ratification contin- written notification to Congress pursuant to United States population centers from chem- gent upon the United States providing finan- subparagraph (A), certify to Congress that ical and biological attack, including plans cial guarantees to pay for implementation of the Commission described under paragraph for inoculation of populations, consequence commitments by Russia under the 1990 Bilat- 23 of the Confidentiality Annex has been es- management, and a description of progress eral Destruction Agreement or the Conven- tablished to consider the breach. made in developing and deploying effective tion. (ii) WITHHOLDING OF PORTION OF CONTRIBU- cruise missile defenses and a national ballis- (15) ASSISTANCE UNDER ARTICLE X.— TIONS.—If the President is unable to make tic missile defense. (A) IN GENERAL.—Prior to the deposit of the certification described under clause (i), (12) PRIMACY OF THE UNITED STATES CON- the United States instrument of ratification, then 50 percent of the amount of each annual STITUTION.—Nothing in the Convention re- the President shall certify to the Congress United States contribution to the regular quires or authorizes legislation, or other ac- that the United States shall not provide as- budget of the Organization that is assessed tion, by the United States prohibited by the sistance under paragraph 7(a) of Article X. pursuant to paragraph 7 of Article VIII shall Constitution of the United States, as inter- (B) COUNTRIES INELIGIBLE FOR CERTAIN AS- be withheld from disbursement, in addition preted by the United States. SISTANCE UNDER THE FOREIGN ASSISTANCE to any other amounts required to be with- (13) NONCOMPLIANCE.— ACT.—Prior to the deposit of the United held from disbursement by any other provi- (A) IN GENERAL.—If the President deter- States instrument of ratification, the Presi- sion of law, until— mines that persuasive information exists dent shall certify to the Congress that for (I) the President makes such certification, that a State Party to the Convention is any State Party the government of which is or maintaining a chemical weapons production not eligible for assistance under chapter 2 of (II) the President certifies to Congress that or production mobilization capability, is depart II (relating to military assistance) or the situation has been resolved in a manner veloping new chemical agents, or is in viola- chapter 4 of part II (relating to economic satisfactory to the United States person who tion of the Convention in any other manner support assistance) of the Foreign Assistance has suffered the damages due to the disclo- so as to threaten the national security inter- Act of 1961— sure of United States confidential business ests of the United States, then the President (i) no assistance under paragraph 7(b) of information. shall— Article X will be provided to the State (D) DEFINITIONS.—In this paragraph: (i) consult with the Senate, and promptly Party; and (i) UNITED STATES CONFIDENTIAL BUSINESS submit to it, a report detailing the effect of (ii) no assistance under paragraph 7(c) of INFORMATION.—The term ‘‘United States con- such actions; Article X other than medical antidotes and fidential business information’’ means any (ii) seek on an urgent basis a challenge in- treatment will be provided to the State trade secrets or commercial or financial inspection of the facilities of the relevant Party. formation that is privileged and confiden- party in accordance with the provisions of (16) PROTECTION OF CONFIDENTIAL INFORMA- tial, as described in section 552(b)(4) of title the Convention with the objective of dem- TION.— 5, United States Code, and that is obtained— onstrating to the international community (A) UNAUTHORIZED DISCLOSURE OF UNITED (I) from a United States person; and the act of noncompliance; STATES BUSINESS INFORMATION.—Whenever (II) through the United States National (iii) seek, or encourage, on an urgent basis the President determines that persuasive in- Authority or the conduct of an inspection on a meeting at the highest diplomatic level formation is available indicating that— United States territory under the Conven- with the relevant party with the objective of (i) an officer or employee of the Organiza- tion. bringing the noncompliant party into com- tion has willfully published, divulged, dis- (ii) UNITED STATES PERSON.—The term pliance; closed, or made known in any manner or to ‘‘United States person’’ means any natural (iv) implement prohibitions and sanctions any extent not authorized by the Convention person or any corporation, partnership, or against the relevant party as required by any United States confidential business in- other juridical entity organized under the law; formation coming to him in the course of his laws of the United States. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3491

(iii) UNITED STATES.—The term ‘‘United (i) Article VIII(8) of the Convention allows (23) ADDITIONS TO THE ANNEX ON CHEMI- States’’ means the several States, the Dis- a State Party to vote in the Organization if CALS.— trict of Columbia, and the commonwealths, the State Party is in arrears in the payment (A) PRESIDENTIAL NOTIFICATION.—Not later territories, and possessions of the United of financial contributions and the Organiza- than 10 days after the Director-General of States. tion is satisfied that such nonpayment is due the Technical Secretariat communicates in- (17) CONSTITUTIONAL PREROGATIVES.— to conditions beyond the control of the State formation to all States Parties pursuant to (A) FINDINGS.—The Senate makes the fol- Party. Article XV(5)(a) of a proposal for the addi- lowing findings: (ii) Article I, Section 8 of the United States tion of a chemical or biological substance to (i) Article II, Section 2, Clause 2 of the Constitution vests in Congress the exclusive a schedule of the Annex on Chemicals, the United States Constitution states that the authority to ‘‘pay the Debts’’ of the United President shall notify the Committee on President ‘‘shall have Power, by and with States. Foreign Relations of the Senate of the pro- the Advice and Consent of the Senate, to (iii) Financial contributions to the Organi- posed addition. make Treaties, provided two-thirds of the zation may be appropriated only by Con- (B) PRESIDENTIAL REPORT.—Not later than Senators present concur’’. gress. 60 days after the Director-General of the (ii) At the turn of the century, Senator (B) SENSE OF SENATE.—It is therefore the Technical Secretariat communicates infor- Henry Cabot Lodge took the position that sense of the Senate that— mation of such a proposal pursuant to Arti- the giving of advice and consent to treaties (i) such contributions thus should be con- cle XV(5)(a) or not later than 30 days after a constitutes a stage in negotiation on the sidered, for purposes of Article VIII(8) of the positive recommendation by the Executive Council pursuant to Article XV(5)(c), which- treaties and that Senate amendments or res- Convention, beyond the control of the execu- ever is sooner, the President shall submit to ervations to a treaty are propositions ‘‘of- tive branch of the United States Govern- the Committee on Foreign Relations of the fered at a later stage of the negotiation by ment; and Senate a report, in classified and unclassi- the other part of the American treaty mak- (ii) the United States vote in the Organiza- fied form, detailing the likely impact of the ing power in the only manner in which they tion should not be denied in the event that proposed addition to the Annex on Chemi- could then be offered’’. Congress does not appropriate the full cals. Such report shall include— (iii) The executive branch of Government amount of funds assessed for the United (i) an assessment of the likely impact on has begun a practice of negotiating and sub- States financial contribution to the Organi- United States industry of the proposed addi- mitting to the Senate treaties which include zation. tion of the chemical or biological substance provisions that have the purported effect (21) ON-SITE INSPECTION AGENCY.—It is the to a schedule of the Annex on Chemicals; of— sense of the Senate that the On-Site Inspec- (ii) a description of the likely costs and (I) inhibiting the Senate from attaching tion Agency of the Department of Defense benefits, if any, to United States national se- reservations that the Senate considers nec- should have the authority to provide assist- curity of the proposed addition of such chem- essary in the national interest; or ance in advance of any inspection to any fa- ical or biological substance to a schedule of (II) preventing the Senate from exercising cility in the United States that is subject to the Annex on Chemicals; and its constitutional duty to give its advice and a routine inspection under the Convention, (iii) a detailed assessment of the effect of consent to treaty commitments before ratifi- or to any facility in the United States that the proposed addition on United States obli- cation of the treaties. is the object of a challenge inspection con- gations under the Verification Annex. (iv) During the 85th Congress, and again ducted pursuant to Article IX, if the consent (C) PRESIDENTIAL CONSULTATION.—The during the 102d Congress, the Committee on of the owner or operator of the facility has President shall, after the submission of the Foreign Relations of the Senate made its po- first been obtained. notification required under subparagraph (A) sition on this issue clear when stating that (22) LIMITATION ON THE SCALE OF ASSESS- and prior to any action on the proposal by ‘‘the President’s agreement to such a prohi- MENT.— the Executive Council under Article bition cannot constrain the Senate’s con- (A) LIMITATION ON ANNUAL ASSESSMENT.— XV(5)(c), consult promptly with the Senate stitutional right and obligation to give its Notwithstanding any provision of the Con- as to whether the United States should ob- advice and consent to a treaty subject to any vention, and subject to the requirements of ject to the proposed addition of a chemical reservation it might determine is required subparagraphs (B), (C), and (D) the United or biological substance pursuant to Article by the national interest’’. States shall pay as a total annual assess- XV(5)(c). (B) SENSE OF THE SENATE.—It is the sense ment of the costs of the Organization pursu- (24) TREATY INTERPRETATION.—The Senate of the Senate that— ant to paragraph 7 of Article VIII not more affirms the applicability to all treaties of (i) the advice and consent given by the than $25,000,000. the Constitutionally based principles of trea- Senate in the past to ratification of treaties (B) RECALCULATION OF LIMITATION.—On ty interpretation set forth in Condition (1) of containing provisions which prohibit amend- January 1, 2000, and at each 3-year interval the resolution of ratification with respect to ments or reservations should not be con- thereafter, the amount specified in subpara- the INF Treaty. For purposes of this declara- strued as a precedent for such provisions in graph (A) is to be recalculated by the Admin- tion, the term ‘‘INF Treaty’’ refers to the future treaties; istrator of General Services, in consultation Treaty Between the United States of Amer- (ii) United States negotiators to a treaty with the Secretary of State, to reflect ica and the Union of Soviet Socialist Repub- should not agree to any provision that has changes in the consumer price index for the lics on the Elimination of Their Intermedi- the effect of inhibiting the Senate from at- immediately preceding 3-year period. ate-Range and Shorter Range Missiles, to- taching reservations or offering amendments (C) ADDITIONAL CONTRIBUTIONS REQUIRING gether with the related memorandum of un- to the treaty; and CONGRESSIONAL APPROVAL.— derstanding and protocols, approved by the (iii) the Senate should not consent in the (i) AUTHORITY.—Notwithstanding subpara- Senate on May 27, 1988. future to any article or other provision of graph (A), the President may furnish addi- (25) FURTHER ARMS REDUCTIONS OBLIGA- any treaty that would prohibit the Senate tional contributions which would otherwise TIONS.—The Senate declares its intention to from giving its advice and consent to ratifi- be prohibited under subparagraph (A) if— consider for approval international agree- cation of the treaty subject to amendment or (I) the President determines and certifies ments that would obligate the United States reservation. in writing to the Speaker of the House of to reduce or limit the Armed Forces or ar- (18) LABORATORY SAMPLE ANALYSIS.—Prior Representatives and the Committee on For- maments of the United States in a militarily to the deposit of the United States instru- eign Relations of the Senate that the failure significant manner only pursuant to the ment of ratification, the President shall cer- to provide such contributions would result in treaty power as set forth in Article II, sec- tify to the Senate that no sample collected the inability of the Organization to conduct tion 2, clause 2 of the Constitution. in the United States pursuant to the Conven- challenge inspections pursuant to Article IX (26) RIOT CONTROL AGENTS.— tion will be transferred for analysis to any or would otherwise jeopardize the national (A) PERMITTED USES.—Prior the the deposit laboratory outside the territory of the Unit- security interests of the United States; and of the United States instrument of ratifica- ed States. (II) Congress enacts a joint resolution ap- tion, the President shall certify to Congress (19) EFFECT ON TERRORISM.—The Senate proving the certification of the President. that the United States is not restricted by finds that— (ii) STATEMENT OF REASONS.—The President the Convention in its use of riot control (A) without regard to whether the Conven- shall transmit with such certification a de- agents, including the use against combatants tion enters into force, terrorists will likely tailed statement setting forth the specific who are parties to a conflict, in any of the view chemical weapons as a means to gain reasons therefor, and the specific uses to following cases: greater publicity and instill widespread fear; which the additional contributions provided (i) UNITED STATES NOT A PARTY.—The con- and to the Organization would be applied. duct of peacetime military operations within (B) the March 1995 Tokyo subway attack (D) ADDITIONAL CONTRIBUTIONS FOR VER- an area of ongoing armed conflict when the by the Aum Shinrikyo would not have been IFICATION.—Notwithstanding subparagraph United States is not a party to the conflict prevented by the Convention. (A), for a period of not more than ten years, (such as recent use of the United States (20) CONSTITUTIONAL SEPARATION OF POW- the President may furnish additional con- Armed Forces in Somalia, Bosnia, and Ru- ERS.— tributions to the Organization for the pur- anda). (A) FINDINGS.—The Senate makes the fol- poses of meeting the costs of verification (ii) CONSENSUAL PEACEKEEPING.—Consen- lowing findings: under Articles IV and V. sual peacekeeping operations when the use of S3492 CONGRESSIONAL RECORD — SENATE April 23, 1997 force is authorized by the receiving state, in- with particularity the place to be searched abhor chemical weapons just as much cluding operations pursuant to Chapter VI of and the persons or things to be seized; and as proponents do. If this treaty per- the United Nations Charter. (ii) for any routine inspection of a declared forms as it is advertised to perform, I (iii) CHAPTER VII PEACEKEEPING.—Peace- facility under the Convention that is con- think everyone in this body would be keeping operations when force is authorized ducted on an involuntary basis on the terri- by the Securtity Council under Chapter VII tory of the United States, the United States supportive of it. Certainly those who of the United Nations Charter. National Authority first will obtain an ad- oppose the convention support elimi- (B) IMPLEMENTATION.—The President shall ministrative search warrant from a United nating our chemical weapons, which take no measure, and prescribe no rule or States magistrate judge. will happen with or without the Chemi- regulation, which would alter or eliminate (B) DEFINITION.—For purposes of this reso- cal Weapons Convention. Executive Order 11850 of April 8, 1975. lution, the term ‘‘National Authority’’ As has been noted by previous speak- (C) DEFINITION.—In this paragraph, the means the agency or office of the United ers, the United States is committed to term ‘‘riot control agent’’ has the meaning States Government designated by the United eliminating all of our chemical weap- given the term in Article II(7) of the Conven- States pursuant to Article VII(4) of the Con- ons, and I suspect that everyone in this vention. tion. Chamber supports that position. So op- (27) CHEMICAL WEAPONS DESTRUCTION.— The PRESIDING OFFICER. The Prior to the deposit of the United States in- Chair advises that under the previous position is not based on the notion that strument of ratification of the Convention, order the five remaining conditions are we would retain our chemical weapons. Mr. President, I also ask that the the President shall certify to the Congress now part of the resolution and are open RECORD reflect that the Senator from that all of the following conditions are satis- to motions to strike. Iowa, Senator GRASSLEY, was present fied: Mr. KYL addressed the Chair. (A) EXPLORATION OF ALTERNATIVE TECH- and voted ‘‘aye’’ on the last two votes. The PRESIDING OFFICER. Who NOLOGIES.—The President has agreed to ex- Mr. President, let me move forward plore alternative technologies for the de- yields time? to this proposition. Last week the Sen- struction of the United States stockpile of Mr. HELMS. I yield to the Senator ate approved Senate Resolution 495, chemical weapons in order to ensure that the from Arizona. which demonstrates our commitment United States has the safest, most effective The PRESIDING OFFICER. The Sen- and environmentally sound plans and pro- to do more. Whether one supports the ator from Arizona. Chemical Weapons Convention or not, grams for meeting its obligations under the Mr. KYL. Mr. President, I ask that Convention for the destruction of chemical this was an important bill to dem- the RECORD reflect my ‘‘aye’’ vote on weapons. onstrate our commitment, both here at the two resolutions just voted, and (B) CONVENTION EXTENDS DESTRUCTION home and abroad, to do more to try to DEADLINE.—The requirement in section 1412 that the RECORD also reflect that Sen- stop the spread of chemical weapons, of Public Law 99–145 (50 U.S.C. 1521) for com- ator SMITH of New Hampshire voted and not doing it alone, as my friend pletion of the destruction of the United ‘‘aye.’’ from Delaware has said, because Sen- States stockpile of chemical weapons by De- Mr. WARNER addressed the Chair. ate Resolution 495 contains several pro- cember 31, 2004, will be superseded upon the The PRESIDING OFFICER. Who date the Convention enters into force with visions that call for additional multi- yields time? lateral action on the part of the United respect to the United States by the deadline Mr. HELMS. I yield 10 seconds. required by the Convention of April 29, 2007. States. It requires the President, for Mr. WARNER. Mr. President, I wish (C) AUTHORITY TO EMPLOY A DIFFERENT DE- example, to use his best efforts to keep STRUCTION TECHNOLOGY.—The requirement in the RECORD to reflect that the Senator the Australia Group intact and to work Article III(1)(a)(v) of the Convention for a from Virginia was on the floor present against any weakening of the Australia declaration by each State Party not later and voting ‘‘aye’’ on the resolution. Group restrictions on trade in chemi- than 30 days after the date the Convention Mr. KYL. Mr. President, may I fur- enters into force with respect to that Party, cals; to work with Russia to ensure ther ask that the RECORD reflect that that it conforms to its obligations on general plans of the State Party for de- the Senator from Florida, Senator struction of its chemical weapons does not under the bilateral destruction agree- MACK, was present and voting ‘‘aye’’; preclude in any way the United States from ment; for the President to impose sanc- deciding in the future to employ a tech- and that Senator KEMPTHORNE, Senator tions on countries that violate inter- nology for the destruction of chemical weap- ABRAHAM, Senator ROBERTS, and Sen- national law with respect to chemical ons different than that declared under that ator HUTCHINSON also voted ‘‘aye.’’ weapons. Article. The PRESIDING OFFICER. Who So Senate Resolution 495 was not a (D) PROCEDURES FOR EXTENSION OF DEAD- yields time? go-it-alone resolution. Quite to the LINE .—The President will consult with Con- PRIVILEGE OF THE FLOOR gress on whether to submit a request to the contrary. Though it did close some Executive Council of the Organization for an Mr. BIDEN. Mr. President, will the loopholes in American law, it also extension of the deadline for the destruction Senator yield 10 seconds for a unani- reached out in various specific ways to of chemical weapons under the Convention, mous-consent request regarding a staff enable us to deal with the problem of as provided under part IV(A) of the Annex on member? the spread of chemical weapons in Implementation and Verification to the Con- Mr. President, I ask unanimous con- more practical and specific ways than vention, if, as a result of the program of al- sent that Greg Suchan, a fellow on the the Chemical Weapons Convention it- ternative technologies for the destruction of staff of Senator MCCAIN, be granted the self does. chemical munitions carried out under sec- privilege of the floor during the discus- tion 8065 of the Department of Defense Ap- We have just had a vote on the reso- propriations Act, 1997 (as contained in Public sion of the Chemical Weapons Conven- lution of ratification as presented by Law 104–208), the President determines that tion. Senator HELMS, the resolution that is alternatives to the incineration of chemical The PRESIDING OFFICER. Without currently before us. Many of us voted weapons are available that are safer and objection, it is so ordered. for that resolution, to make the point more environmentally sound but whose use Mr. BIDEN. I thank the Chair. that we favor the Chemical Weapons would preclude the United States from meet- Mr. KYL addressed the Chair. Convention so long as it has certain ing the deadlines of the Convention. The PRESIDING OFFICER. The Sen- protections built into it. I think it (28) CONSTITUTIONAL PROTECTION AGAINST ator from Arizona is recognized. should also be clear that the opposition UNREASONABLE SEARCH AND SEIZURE.— (A) IN GENERAL.—In order to protect Unit- Mr. KYL. Mr. President, we are now to the Chemical Weapons convention is ed States citizens against unreasonable going to commence additional debate not based on politics. searches and seizures, prior to the deposit of on the Chemical Weapons Convention. I As one of my colleagues said, there the United States instrument of ratification, would like to begin with some general will be criticism of President Clinton. I the President shall certify to Congress observations about treaties in general don’t think you will hear criticism of that— and about this treaty in particular. President Clinton. The opposition to (i) for any challenge inspection conducted Mr. President, I want to begin by this treaty is not based on politics. In- on the territory of the United States pursu- making what should be an obvious deed, it is not an easy treaty to oppose. ant to Article IX, where consent has been withheld, the United States National Au- point. But in view of some of the rhet- I think those who oppose it must be thority will first obtain a criminal search oric, I think it is important to reit- recognized as doing so because of a warrant based upon probable cause, sup- erate it; that is, that the opponents of firm principle and commitment rather ported by oath or affirmation, and describing the Chemical Weapons Convention than anything political. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3493 Another general point I would like to Korea, or many of the other rogue Jeane Kirkpatrick and Richard Perle, make is this. The Senate has a con- states throughout the world. I think it Gen. P.X. Kelley, and Freddie Clay— stitutional obligation to independently is countries like Iran that want the when people like this say that they are scrutinize treaties. It has been said benefits of the CWC and the lifting of opposed to the treaty, it ought to be that treaties are forever. Most of the the trade restrictions that we cur- clear that there are reasonable argu- treaties that have been ratified by the rently have with Iran, secure in the ments on both sides and that neither U.S. Senate are still in force—treaties knowledge that it can avoid detection side should claim that all right and that are many, many, many years old, and/or any punishment that might fol- truth and justice are on their side. some undoubtedly far beyond this low that. Treaties generally do not Important columnists have also time. It is like amending the Constitu- modify the behavior of states. The law- weighed in to this and find themselves tion. It requires a two-thirds vote. It abiding will abide, and those that in- on both sides of the issue. requires a great deal of thought, there- tend to cheat will either cheat or not That is why I am troubled by the slo- fore, on the part of the Senate. join at all. gan of some people in the administra- Mr. President, we are not a rubber That is why these multilateral trea- tion—and, in particular, I will cite the stamp. No one should feel that they ties, unlike some of the bilateral trea- Secretary of State, who has said on na- have to support this treaty just be- ties that we entered into earlier, are tional television that one of the rea- cause it has been proposed. Treaties more difficult to make work. Fre- sons to vote for this treaty is that it are no substitute for sensible action. quently what they do is complicate di- has ‘‘Made in America’’ written all They are in many respects inherently plomacy and encourage dishonesty. We over it. Mr. President, that is not a limited in their value, especially when know that there are numerous exam- substitute for reasoned argument. It is the nations with whom they are en- ples of violations of existing treaties a slogan. It misrepresents the Reagan tered into are not committed to the and previous treaties. But it was un- administration’s position on the chem- principles of the treaty. There are ex- comfortable for us to bring those viola- ical weapons treaty, which, by the way, amples in past history that dem- tions to light because, frankly, we was very much different than the trea- onstrate this. thought that we had bigger fish to fry. ty that is before the Senate today. The Kellogg-Briand Pact of 1928, We had more important matters with I can point out the fact that there which outlawed war, was obviously those states than the violation of a have been other treaties proposed to something that everyone felt good particular treaty. As a result, paradox- the U.S. Senate that also had ‘‘Made in about supporting. But the actions ically it was more difficult to enforce America’’ written all over them—like didn’t follow the words, and we know these conditions once the treaty went the League of Nations, which this Sen- what happened. into effect than it was before, because ate in its judgment decided not to Also, this morning one of my col- once the treaty went into effect, in rubberstamp but to reject. leagues quoted Will Rogers, who said, order to upset the applecart, we have There were cries at the time similar ‘‘We have never lost a war or won a to find violations. We take it to the to the cries you hear today that it treaty.’’ While that has a certain ring body that is going to find a violation would isolate America; that it would of truth to it, I don’t think anyone and sanction, and we decide that would hurt our business; that we would be the would suggest that, therefore, all trea- be diplomatically difficult because we laughingstock of the world; that, after ties are bad. As a matter of fact, we want to accomplish some greater pur- all, President Wilson was the one who have supported very specific treaties pose with the state that is in violation. created this treaty and how could we that we think have done some good— So we just forget the whole thing. vote against it. Moreover, we would be arms control treaties like the INF What that does is literally put into law the pariah in the world if we voted Treaty, the START I Treaty, and the the violations that are occurring cur- against the League of Nations. But in START II Treaty. As a matter of fact, rently. So they can complicate diplo- 1919, this body exercised its judgment, I was asked to support the START II macy and encourage dishonesty. its constitutional prerogative and it Treaty on the grounds that Russia The bottom line about this general declined to allow the United States to would not ratify the START II Treaty discussion is this: Sometimes treaties participate. And I do not think today until the United States did. So we did. can be very useful and sometimes not. there are very many people who believe We support the START II Treaty. It We have an obligation to make that this country made a mistake by wait- was ratified here. And 2 years later, the distinction—not just to take the word ing and creating instead the United Na- Russians still have not ratified the that, if a treaty has been proposed, we tions. START II Treaty. So I agree with my have an obligation to support it. That We, I think, should be able to go for- colleagues who say that some treaties is not the job of the U.S. Senate. Trea- ward. I think it takes more courage can be useful. I also make the point ties are not an excuse to do that which sometimes to go forward with a posi- that one should not rely strictly on is difficult. It is like making a New tion that acknowledges a mistake than treaties. Year’s resolution rather than begin- it does to simply blindly go forward I also am troubled by the proposition ning to diet. Sometimes we have to and perhaps have in the back of your that we somehow feel that we could do have the courage to begin the diet mind the idea that you have made a internationally that which we could rather than just relying on a New mistake but it would not look good if never do domestically. I don’t think Year’s resolution. you backed out at this time. any of us would contend, for example, Mr. President, a second set of general That is another one of the arguments that we think we can solve the problem comments: being made by the opponents; we would of crime by going to the criminals in Reasonable people can differ over the be embarrassed internationally if we our neighborhoods and making a treaty Chemical Weapons Convention. We backed out of the treaty at this point with them to stop committing crime. have a series of former governmental or caused part of it to be renegotiated. Instead, we have police forces, we have officials on both sides of this issue. We I submit that knowing we have made a laws, we have specific punishments, we have former Secretaries of Defense, mistake at least with regard to articles have a court system, and we put people ambassadors, generals, columnists—all X and XI in this treaty, we should have in prison when they violate those laws. of whom have come out very publicly the courage to fix articles X and XI be- In other words, we take specific action against the treaty. There is undoubt- fore our resolution of ratification is de- to deal with the problem. We don’t rely edly an equal number who have come posited at The Hague. upon the written word of someone who out for the chemical weapons treaty. I Now another general comment, Mr. may be unreliable. Yet, in the inter- hope we can begin this debate with the President. No one has a monopoly on national forum that seems to be very proposition that reasonable people can morality. Ours is a disagreement about much in vogue. differ on this very important matter. means, not about ends. I want to make I don’t think there is any reason that Frankly, when former Secretaries of this point very clear because some peo- we can believe that a treaty with Iran, State—like Dick Cheney, Casper Wein- ple, perhaps a little overzealous to for example, is going to change its be- berger, Don Rumsfeld, James Schles- push this treaty, have inferred that havior, or Iraq, or Libya, or North inger; former Defense officials, such as those who vote against it somehow S3494 CONGRESSIONAL RECORD — SENATE April 23, 1997 support the use of chemical weapons. I strictions in place now. That is the Now, another one of the selling watched my grandfather die, Mr. Presi- best way to prevent the spread of these points of this treaty, according to its dent, from emphysema acquired as a chemicals. Unfortunately, as an incen- proponents, is, well, it is better than result of his being gassed in World War tive to get countries to join the chemi- nothing. In other words, granted, it I in Europe. Therefore, I take a back cal weapons treaty, articles X and XI does not cover a lot of the countries we seat to no one in expressing my abhor- call into question the existence of wished it covered and it is not very rence for these despicable weapons and those conditions and in fact in our view verifiable and there are not any par- why I fully support the United States require that the states remove those ticular sanctions in the treaty, but at eliminating our chemical weapons and restrictions and trade with the coun- least it is better than nothing. leading the world in that regard. We tries that are parties to the treaty. Our response to that is essentially are the only country in the world with Second, the treaty is not verifiable. twofold. First of all, it is very costly chemical weapons that has declared we Now, proponents have said, well, noth- both in terms of money and potential will eliminate all of our stocks of those ing is 100-percent verifiable. That is a constitutional restrictions and, second, weapons. false standard, Mr. President. Nobody there are some other very significant So I hope no one tries to lecture me is claiming that it should be 100-per- reasons why it is not better than noth- about the evils of poison gas and how cent verifiable. The question is wheth- ing. the only way to deal with that is er it is effectively verifiable. And on In terms of cost, we know that the through this Chemical Weapons Con- that there is virtually unanimous cost to the Government is going to be vention. We have been the moral leader agreement that, no, it is not effectively $150 million to $200 million annually. of the world by imposing trade restric- verifiable. I read to you a recently un- Businesses are going to have to pay be- tions on countries like Iran, for exam- classified national intelligence esti- tween $200,000 and $500,000 for inspec- ple, restrictions that will probably mate conclusion published originally tions. Just to fill out the forms, and have to be lifted as a result of this in August of 1993 which stated: there are thousands of businesses in treaty because of articles X and XI. So The capability of the intelligence commu- this country that will have to fill out nity to monitor compliance with the CWC is the forms, it is going to be a $50,000 to I believe that insisting on renegoti- severely limited and likely to remain so for ation of articles X and XI would con- the rest of the decade. The key provision of $70,000 proposition, and, of course, un- firm our moral position. Our nego- the monitoring regime, challenge inspec- told amounts lost in confidential busi- tiators tried but failed to win key con- tions at undeclared sites, can be thwarted by ness information which can result as a cessions on those provisions. In the fu- a nation determined to preserve a small se- result of the industrial espionage that ture, they will be strengthened by the cret program using the delays and managed most people believe will result from knowledge that the Senate will not go access rules allowed by the convention. the inspections under this treaty. along with such halfway measures with And there are a variety of other Second, we mentioned the constitu- a defective treaty. statements I could read, including tional issues. There has been an at- So, Mr. President, my point here is statements of the former Director of tempt to fix about half of the constitu- this. It matters how we make a moral the CIA, all of which confirm the fact tional issues. One deals with the fourth statement, and simply ballyhooing a that this is not a verifiable treaty. amendment, and there has been an treaty that everyone knows is flawed Nor is the treaty enforceable. Even if amendment to say a search warrant you were to find a violation and you does not enhance our moral stature. would be required. The problem with Now to some specific comments. brought it to the bodies that are sup- that is that it would probably be found Those of us who have reservations posed to run this treaty, you would to be in violation of the treaty if a con- about the treaty have said that it fails have to have a three-quarter vote, and stitutional requirement were imposed there is no sanction in place. Once they in its key objectives, that if it met to prevent the treaty from operating as found a violation, they would go to the these objectives we would support it, it was written. country and say, would you please stop that our opposition is based on two So if we actually go ahead with a violating. If the country continued to simple points. It fails to meet the ob- protection from fourth amendment ignore them, although the likelihood is searches and seizures, we may very jectives and it does more harm than the country would say, well, sure, we well be found in violation of the treaty. good. would be happy to, and eventually hide In what way does it fail to meet its On the other hand, those responsible the material in such a way that you objectives. It was proposed as a global for making such a decision may decide could not find a violation in the future, and verifiable and enforceable treaty. but assuming the violation continued that we can have such a constitutional Unfortunately, it is none of those. and you continue to prove that, what is protection in which case I think we can First, it is not global. It does not cover the sanction? There is none. Where do count on all of the other nations that the key countries and the key chemi- you go? The United Nations, the Gen- want to avoid detection doing the same cals that are currently suspected of eral Assembly. thing and, of course, as a nation that being the problems. Nine of the 14 Mr. President, that is not a place lives under the rule of law we will countries suspected of possessing where at least the United States has abide by it in a proper way. And I think chemical weapons have not even signed been treated very kindly in the past. we can count on countries like Iran or this treaty. These countries include And if you have to go all the way to China or Cuba, for example, to use that Libya, Iraq, Syria, North Korea, Egypt, the Security Council, Russia, China, as an excuse not to allow the kind of Sudan, Serbia, South Korea, and Tai- other states have a veto. So it is un- inspections that would result in detec- wan. So many of the countries in the likely that significant punishment tion. world that possess the chemicals are would be meted out. As a matter of The other part of the Constitution, not signatories. They are not going to fact, the evidence of that probably the fifth amendment, presents a special bind themselves to it. And there is most clearly is the case of Iraq which problem that nobody has figured out nothing we can do in terms of verifica- admittedly—I should not say admit- how to fix. The fifth amendment pro- tion or inspection or anything else that tedly. They denied it, but after inspec- vides that if there is a taking by the is going to deal with it. The best way tion it was confirmed that chemical Government of property one is entitled to deal with those countries is to do weapons were used against both Iran to be paid. The problem is that when what we are currently doing, which is and against the Kurdish population of the U.S. Government imposes this re- to maintain and enforce the restric- Iraq itself and yet the United Nations, gime on American businesses and indi- tions of the Australia Group. the peace-loving nations of the world viduals, it has not yet made the com- Now, I spoke of that before. What is were incapable of mustering the cour- mitment to pay them. My own guess is it? It is a group of 29 countries, includ- age to even name Iraq in a meaningless that I would have a right to sue and ing the United States, that have agreed resolution about the use of these weap- the U.S. Government would have to among themselves not to trade these ons. So it does not seem likely to me pay but there is no provision for that. chemicals to countries that they think that the United Nations would muster You cannot sue under the Federal Tort might want to develop chemical weap- the courage to impose any kind of par- Claim Act, and so we would have to ons with them. And we have these re- ticular sanction. somehow construct an ability to sue April 23, 1997 CONGRESSIONAL RECORD — SENATE S3495 the U.S. Government and provide for discuss that in more detail later. They acquitted. And when they are acquitted the unlimited liability that would re- were put into the treaty at a time we have then diminished our oppor- sult from such an undertaking. So that when it seemed like a good idea. Now it tunity to negotiate with them, to tell has not been dealt with either. does not seem like such a good idea. them to stop selling chemicals, for ex- The bottom line is the constitutional The administration and everybody else ample, to Iran or other countries we do issues remain very much up in the air. acknowledges we have a problem here. not want to have them. In that respect, Now, those are some of the costs. I The problem is, everybody is embar- again, the treaty reduces our diplo- think, however, the biggest costs are rassed to go back and change it. The matic options. It puts us into a box. It the following two. The mere fact that administration says, ‘‘Well, we nego- makes it more difficult to deal with this treaty has been proposed has tiated the best deal we could.’’ We say, these kinds of violations and in that caused many to decide that we do not ‘‘Because it is flawed, let us go back respect again it is not better than have to worry as much about defending and take those two sections out.’’ But nothing, it is worse than doing noth- our troops. I know the President has the administration does not want to do ing. made a big matter out of saying that that. Not taking them out is going to What are some of the administra- this treaty would help to protect our result in a proliferation of chemical tion’s claims? First of all, they have troops. Well, I think he is very wrong weapons and technology, not a restric- made the astonishing claim that fail- and his own administration officials tion of it. Again, I will get into that in ure to ratify the treaty would mean verify this because for the last 2 years more detail later. that we are aligned with the pariah his representatives have come to the The point I want to make here is states of Iraq and Libya because Iraq Congress and based on the fact that the that as long as this treaty has articles and Libya are not going to sign or rat- United States signed this treaty and X and XI in it, it is going to be worse ify this treaty. I hope the Secretary of they presumed we would ratify it, this than nothing because it is going to re- State and the President of the United administration has called for reduc- sult in the proliferation of chemicals States could discriminate a little bet- tions in spending on defensive meas- rather than a restriction. I will just ter than that. I could make the same ures for our troops. quote one sentence that a letter that argument to them. If we sign the trea- How can a President who tries to sell former Defense Secretary, Dick Cheney ty, we are going to be in with a bunch the treaty on the basis that it will be wrote in this regard. He said, ‘‘In my of other pariah states. Do they think it good for our troops, that it will protect judgment, the treaty’s article X and XI is any better to be with Iran or Cuba? them, come before the Congress not amount to a formula for greatly accel- These are states that have signed the once but twice and call for a reduction erating the proliferation of chemical treaty and presumably will ratify it. in funding to provide defenses for our warfare capabilities around the globe.’’ Obviously, that is not an argument troops? Two years ago, $850 million. So, in this second significant respect, that gets you anywhere. But it is the Fortunately, we restored it. What was the treaty makes the situation worse kind of simplistic, superficial argu- the reason? The reason expressly was than it was before. ment that this administration is using because this treaty is going to enter Finally, as I made a point to mention to sell the treaty. It is an affront to into force and we will be a part of it, as before, it is going to significantly re- the intelligence of the Senate. As I if the treaty were going to make the duce our diplomatic options. Claiming said, I hope the President and Sec- threat go away. violations will take back seat to more retary of State can make better dis- And this year General Shalikashvili pressing diplomatic considerations. We tinctions than that. let us cut another $1.5 billion over 5 have seen this in a variety of situa- I also note it is a bit meaningless at years out of this part of the defense tions. When the Russians were in viola- this point to join the treaty, though 67 budget, this despite the fact that the tion of the ABM Treaty and had a other nations have joined it, because General Accounting Office in a very radar at a place called Krasnoyarsk, we they do not have chemical weapons. critical report following the Persian were in delicate negotiations with The countries that have chemical Gulf war, updated just last year, has them in a variety of other things and weapons have not joined it, and many found that our defenses are in a very therefore it was ‘‘see no evil,’’ basi- of them are not going to. About 99 per- serious state of disrepair; that we are cally. ‘‘We are really not all that sure cent of the world’s chemical weapons, not adequately prepared; that we have they violated the treaty,’’ when in fact according to open source material, are not provided our soldiers, our marines, our intelligence community knew full held by three countries, none of whom our fighting people who are going to be well they had. And after the Soviet have joined the treaty: The United confronting chemical or biological war- Union broke up, its leaders said, ‘‘Sure States, Russia, and China. We have a fare the kind of training, the kind of we were in violation.’’ The question is, bilateral destruction agreement with equipment, the kind of antidotes, the why didn’t we do anything about it? Russia, in which we are trying to get kind of protection they deserve. So you Well, because we did not want to upset them to destroy their chemical weap- have GAO in a very current finding the diplomatic applecart. ons—and they decided they are not that we are not doing enough for our Think about China with MFN. Are we going to follow through with that, ap- troops, the administration trying to going to upset the diplomatic apple- parently. So, what makes us think that cut the funding to do more, and the cart? You see, today we do not have to we are going to do any good by joining President saying that the chemical because there is no treaty. Once a trea- the treaty, when about 80 percent-plus weapons treaty will solve the problem. ty is in place we have an obligation. If of the chemicals in China and Russia That is what I had reference to when we know there are violations—perhaps, would be outside the purview of the I said that treaties can make you feel for example, with China—we would treaty? good, like you have solved a problem, have an obligation to send inspectors The next comment made is, ‘‘No trea- but when it comes to the lives of Amer- over there and ask them to see what ty is 100 percent verifiable.’’ I think I ican soldiers, we will not have done they could find. One of two things will dealt with that before. Nobody is enough to protect them. And that is happen. Either they are going to con- claiming it needs to be 100-percent ver- why we should not be lulled into a firm there are violations—unlikely, in ifiable, but when we say this treaty is sense of false security by signing a which case we are then going to have not adequately verifiable or effectively piece of paper that I do not think peo- to do something about it. More likely, verifiable, their comeback is, ‘‘Well, no ple would loan money on if they want- they will come back and say, ‘‘Well, we treaty is 100 percent.’’ That is not the ed to get it back, frankly. So, this trea- couldn’t prove it.’’ issue. The issue is whether it is effec- ty does damage. It is worse than noth- As a result, China or whoever is tively verifiable, and unfortunately no ing. doing the violating will have the Good one claims that this treaty is effec- What is another example? You have Housekeeping stamp of approval. We tively verifiable. heard me talk about articles X and XI. set up this regime. You try to find peo- No one, for example, has said that You are going to hear a lot about that, ple guilty. But the burden is so dif- they have high confidence that this because articles X and XI turn out not ficult you are not going to find people treaty will timely detect significant to be such a good idea. I am going to guilty. They are going to, in effect, be violations. As a matter of fact, one of S3496 CONGRESSIONAL RECORD — SENATE April 23, 1997 the strong supporters of the treaty, a were not adopted by the United States. cannot share that information with friend and someone who has served this First, I would say that this is no reason anybody else. It is secret. So the Unit- country well, and we have a difference for the United States to enter into a ed States, not being a party to the in- of opinion about the treaty, Ron treaty, simply to enhance the financial spection, does not have the informa- Adelman, said in an op-ed piece he balance sheets of American companies. tion, and cannot have it, under the wrote on February 20, ‘‘Granted, the We are all for doing that, we are all for terms of the treaty. So there is only treaty is virtually unverifiable and helping American businesses do well, one way that we would gain more in- granted it doesn’t seem right for the but one does not enter into a treaty for formation under the terms of the trea- Senate to ratify an unverifiable trea- that purpose. I think there should be a ty and that is by cheating, by violating ty. . .’’ he went on to say: ‘‘however, I question about whether our chemical the treaty, by somehow trying to steal think we are still better off by going companies ought to be selling these the information, by somehow trying to ahead.’’ kinds of chemicals to countries like turn one of those inspectors to be an My point is that even treaty pro- Iran and Cuba and China in any event, agent for us in violation of the treaty ponents acknowledge it is not verifi- because that is the new market that terms. That is how we would get more able, so let us not get into a debate as will open up. These are countries that information—not legally, under the to whether it has to be 100-percent ver- have signed the treaty, not yet rati- treaty. ifiable or not. It is not effectively verified. Presumably they will ratify it at What would we do if we found some- fiable. That is the point. some point so there will be an added body cheating? Let us assume that we I discussed a bit ago the argument market for us to sell our chemicals. find that Russia or China has chemical that the CWC will protect American The other added market is that if the weapons, is not destroying them—in troops and prevent a terrorist attack. Australia Group restrictions come off, other words, does possess in violation No one who has spoken to this from an then our companies would not be re- of this treaty. Would we insist on sanc- intelligence point of view can credibly stricted by the Australia Group limitations? How about today? Take the case make the claim that this treaty will, tions. In both cases they would be able of China. Would we insist on sanctions? in any way, shape or form, reduce the to sell more chemicals. I would argue We shake in our boots when the Presi- threat of terrorism. Let me repeat that that is not necessarily a good dent of Taiwan comes over, attends his that. Our intelligence community is thing, even though it might enhance 25th class reunion at Cornell, and the unwilling to say that this treaty would their balance sheets. Chinese Government threatens to lob stop terrorist attacks. And even one of And to the argument that somehow missiles into Los Angeles and steams the much vaunted agreements that was there will be a downside to them, that in the Straits of Taiwan and sends mis- entered into between our friends on the they will actually lose money, it is an siles over Taiwan. Are we going to im- other side of the aisle and Senator argument that does not persuade me. pose sanctions on China because of a HELMS recognizes the fact that the Because folks should know that the finding that they have maintained a CWC is not effective to deal with the only limitation that can be imposed on chemical weapons stock? Are we going problem of terrorism. Let me quote one companies in countries that do not to have to prove to this international of the recently unclassified assess- sign the treaty is with respect to so- body, this executive council, that they ments of our intelligence agency, the called schedule 1 and schedule 2 chemi- are in violation? And at what cost to Central Intelligence Agency: cals. These are the chemicals of chemi- our relations? In the case of Aum Shinrikyo [this is the cal warfare, of chemical weapons and The problem is, with the treaty you cult in Japan that gassed Japanese citizens] their precursors, by definition, made in can no longer ignore violations. You ei- the Chemical Weapons Convention would not noncommercial quantities. So the only have hindered the cult from procuring the ther object or it ends up in a white- needed chemical compounds needed in the limitation that could ever be imposed wash. Either way it creates significant production of sarin. Further, the Aum would upon American companies, if it ever problems. have escaped the requirement for an end-use were, would be on such a small amount There is a final argument that has certification because it purchased the chemi- of chemicals that, even by their own been made recently and it mystifies me cals within Japan. definition it would constitute only a because it doesn’t go anywhere but The point is, here, that chemicals are fraction of 1 percent of the chemicals they have been making it, so I will try so easily secreted, chemical weapons that are traded. We should pass the to respond. Proponents say we are get- are so easily made in small, confined treaty for that? I do not think so. ting rid of our weapons, and therefore spaces, that it is essentially impossible Another argument is that at least we the chemical weapon convention will to find all of them. And a terrorist will get more intelligence if we are a force others to do so, too. It is abso- group, in a room the size of a large party to the treaty. This is the argu- lutely true the United States is getting closet, in Japan, was able to make the ment that says granted it may not rid of our weapons. We are committed sarin gas that they used. This Chemi- solve all the problems but it is better to doing that. We do not need the cal Weapons Convention has no capa- to be inside than outside. I think this Chemical Weapons Convention to prove bility to deal with that. I will say it particular argument deserves a little to the world that we are the moral this way: It is a fraud on the American bit of attention. leader of the world. We have said we people to suggest that we have to adopt I serve on the Senate Intelligence are getting rid of ours. Nobody else this treaty in order to do away with Committee. I know how this works. I has, but we have. terrorist use of chemical weapons. It think I should explain a little bit about So you don’t need the Chemical will not be effective for that purpose. It it. The claim is not true. Our intel- Weapons Convention. I challenge my may have some other beneficial effects, ligence agencies, of course, always are friends who propose the treaty, in what but no one should contend that it is looking for new opportunities to get in- way will the chemical weapons treaty going to help with regard to terrorism. formation, but it is not correct to say make the other countries get rid of The same thing, as I said, is true that the chemical weapons treaty pro- theirs? That is the purpose, that is the with regard to the defense of our vides us that mechanism. The chemical goal, but there is no effective mecha- troops. If this administration were ac- weapons treaty says that if you want nism to make it happen, and there is tually pursuing a strong defensive ca- to inspect another country for a sus- no intelligence estimate or assessment pability for our troops, that would be pected violation, you bring the matter to that effect, Mr. President. one thing, but it is not. As a result, I to the council in charge of the treaty, We are going to have an opportunity think it is not an appropriate argu- and if it decides to go forward, it will tomorrow to go into classified session ment for this administration to base appoint three inspectors—but it cannot and hear just what our intelligence the ratification of the treaty on. be somebody from your country. So, it community has to say about the chem- Another argument of the administra- would be somebody from three other ical weapons programs of other nations tion is that this is important to pro- countries that go do the inspection. and about what we think they are tect the jobs in the chemical industry They come back and they deposit their going to be doing in the future, and I and that there would be some losses to findings with this body, this executive urge my colleagues to attend that ses- our chemical companies if the treaty council. And by the treaty terms they sion. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3497 (Ms. COLLINS assumed the chair.) knowledge some of these constitutional areas in which the Bush and Reagan Mr. KYL. Finally, Madam President, protections. We could do without them, administrations had been very clear, there has been much made of the fact because they are in the Constitution and the Clinton administration that in the negotiations over this trea- anyway, but at least it was handy to changed policy, another example of a ty, numerous improvements were made get the administration to acknowledge situation where this is not the same and, therefore, we should remove our that they existed. treaty that the Bush and Reagan ad- objections and go along with the trea- Second, there are two conditions that ministrations had in mind. They alty. merely allow the Congress to enact ap- ways thought you could use tear gas in First of all, I want to set the stage. propriations or approve reprogram- certain situations; for example, to res- Last fall when the treaty came before ming. As every Senator knows, we have cue a downed pilot, to deal with a situ- the Senate, the statement was that we that right. We are the body, along with ation where you had civilians sur- couldn’t touch it, that we couldn’t ne- the House, that enacts appropriations rounding an American hostage, for ex- gotiate anything, we had to use the or approves reprogramming. So that ample. Rather than having to shoot resolution that came out of the com- was essentially meaningless, though those people, we say it makes sense to mittee and there were no changes that handy to have the administration ac- use tear gas to disperse the crowd and were possible; ‘‘You can’t change the knowledge. rescue the American. This administra- treaty; we’re not interested in nego- There are four conditions that call tion said, no, we don’t interpret the tiating any terms.’’ for reports. Whenever you see a call for treaty as allowing that. Even people It turned out there was not sufficient a report, Madam President, you know who support the treaty, like Gen. Brent support for the treaty and, therefore, that that means we tried to reach Scowcroft, said, that’s crazy, that has the administration had it pulled. Inter- agreement on something, we couldn’t, to be changed. It took a long time to estingly enough, last night I saw a so we said, ‘‘By golly, we’ll have a get the administration to finally agree news program, the Jim Lehrer News study on it, we’ll have a report.’’ And in concept to a change. I am still not Hour, in which it was misstated that that is what this calls for. There are persuaded the language does it, but Senator Dole, the previous majority seven conditions that call for Presi- let’s assume in good faith they have leader, asked the treaty to be with- dential certifications, all of which he really agreed to a change in this pol- drawn. He did not ask the treaty to be can make today. These were not con- icy. What that will mean is that, at least in that limited kind of situation, withdrawn. He was not even in the Sen- cessions by the administration. They we will be able to use tear gas. That is ate at the time. He wrote a letter in were able to agree to these because a positive development, but in light of opposition to the treaty, but he did not these are certifications they can cur- the final points that I want to make ask it be withdrawn. He just said he rently make. So one should not brag here, it is not reason to change from wouldn’t vote for it if it were still in about those. supporting a treaty that is not global, the Senate. It was withdrawn by the Four additional conditions are a re- not verifiable, not effective, does more administration, by the Clinton admin- statement of current U.S. policy. harm than good. That change is helpful istration, not by anyone here in the Again, we thought these were good to but not dispositive. Senate. have on paper in connection with the What are the five unresolved issues? Notwithstanding the fact that the treaty so there would be no mistake The way this treaty comes before the administration took the position that about what U.S. policy was. It isn’t Senate, it is the Helms resolution of nothing could change, once the treaty new, it isn’t new policy, it isn’t a com- ratification. In other words, it is a res- was found not to have adequate sup- promise, it isn’t a negotiated settle- olution wrapped around the treaty. It port, the administration began to ment; this is just a restatement in the has 28 agreed-upon items, and then, in change its tune, and little by little, resolution of ratification about exist- addition, there are 5 that are not they began to sit down and talk to ing U.S. policy. One of the conditions agreed upon. Those are the items that those who had objections. Over many doesn’t take effect until 1998. constitute the Helms resolution of rati- months, various concessions were made I conclude, then, with the two that fication. To approve the treaty, we will which marginally improved the situa- have some meaning. One deals with vote on the resolution of ratification. tion. Now, they are not concessions search and seizures under the fourth The proponents of the treaty have the with respect to the treaty itself be- amendment, and I discussed that brief- right under the rule here to seriatim cause it can’t be changed, but there are ly a moment ago. The other deals with move to strike each of these five re- some things which at least help to clar- the subject of riot control agents. We maining conditions. If they are all ify how the United States is going to do not know what the courts will do stricken, then we will end up voting for proceed, and had it not been for the with either of these two. the Helms resolution of ratification considerable efforts of the chairman of I spoke to the issue of the fourth sans these five protections. If four of the Foreign Relations Committee, amendment. The resolution includes a them are stricken, we will have one, these changes would not have been statement that we will require search and so forth. made. So while they were critical of warrants, either administrative war- What are these five unresolved is- the chairman for his opposition to the rants or criminal warrants in the ap- sues? These are the core of the dispute. treaty, it turns out that now they are propriate case. That may or may not This is really what it is all about. And bragging about the changes that he be effective under the treaty. It may be this is what I will spend the rest of my sought to have made, and I think that declared in violation of the treaty. If time on. is a very important point, Madam not, other countries are going to be The first issue says the country that President. Let me just repeat it. While able to do the same thing. While the has the most chemical weapons in the initially deriding the concerns of the United States will assiduously adhere world, Russia, is not a party to the chairman of the committee, they are to the law and to the Constitution, my treaty. It has not complied with var- now bragging about the changes that guess is if other States are able to do ious agreements that we have concern- he forced them to make, claiming that the same thing, we will suddenly find ing destruction of its chemical weapons this makes it a better treaty, now we interesting provisions in the Iranian stocks and its biological weapons, inci- should all support it. It does make it a Constitution or Chinese Constitution dentally, and it has not agreed to abide better treaty, but at the margins, not that are going to constitute loopholes by a memorandum of understanding at the core. big enough to drive a truck through. with this country under which it would What has been negotiated? First of The other matter is important, but list its stocks of chemicals. These were all, there are nine specific conditions in the overall scheme of things, I think key agreements that were part of the that merely restate existing constitu- perhaps more has been made of it than basis for the Reagan and Bush adminis- tional protections. Those could not was generally warranted, and it is still trations’ sponsorship of this treaty. have been taken away in any event, not certain that it is resolved, but at Russia had agreed to these things. One but it was helpful to get the adminis- least the allegation is that it is. This is called the bilateral destruction tration to acknowledge that they ex- has to do with riot control agents, tear agreement. The other is called the Wy- isted. They were even reluctant to ac- gas to most people. This was one of the oming memorandum of understanding. S3498 CONGRESSIONAL RECORD — SENATE April 23, 1997 The Reagan and Bush administrations cause I know my colleague from Okla- that is what we have built into this believed that if the Russians complied homa, Senator INHOFE, wants to speak definition. with these provisions, that the chemi- at greater length about this. We know So what we have said, Madam Presi- cal weapons treaty might be a good that there are a variety of rogue states dent, is that we would join the treaty thing. But they are not complying with that have no intention of signing on to at such time as we had the certifi- them. Again, we will hear some details this treaty and others that may want cation from the President that the CIA in the session tomorrow. But the fact to sign on but know they can violate it certified that we could achieve this of the matter is, we ought to require with impunity. These chemical weap- level of verification. I do not think that Russia at least demonstrates some ons in these countries’ hands con- that is asking too much. good faith to proceed down the path to- stitute a real threat to American Finally, the final condition has to do ward declaring what they have and get- troops. We think that if one is going to with articles X and XI. This is what I ting rid of those things. If there is no make the claim that this Chemical had spoken to before. indication by the Russians that they Weapons Convention is going to reduce I would ask my distinguished chair- intend to do this, then it seems a little the chemical weapons stocks of these man if I could go on for just a few min- odd to be entering into a treaty where rogue nations that pose a threat to the utes here. 60 percent of the world’s chemical United States, the least that ought to Mr. HELMS. Go right ahead. weapons are not even being dealt with happen is that they submit themselves Mr. KYL. I will conclude on articles and we are basically conceding to the to the treaty. Can’t do any good if they X and XI because we are going to hear Russians that they don’t have to agree are not members. We need to certify a lot more about them. I think it is im- with these other agreements with us. that some of these nations are going to portant to read into the RECORD the What we are saying is, to try to apply be states parties before we subject our- provisions we are talking about and a little leverage to our friends in Rus- selves to it. discuss in a little bit of detail specifi- sia, look, we know it is expensive to The third condition is one that I cally what our concerns are. dismantle this, but that cannot be the can’t imagine anybody is going to ob- Here is what article X says. I might only problem you have when you will ject to, and that is that certain inspec- preface this comment, Madam Presi- not even declare all of the chemical tors would be barred from inspecting dent, with the statement that these weapons you have, when you won’t American sites. We have the right to were inducements put into the treaty even begin the process of dismantling do this under the treaty. The President originally to induce countries to join them, when you have signaled that you has the right to say, I don’t want any the treaty. They were put there based are no longer going to be complying inspectors from China, I don’t want upon inducements that were included with the bilateral destruction agree- any inspectors from Iran coming in in a previous treaty, the nuclear non- ment, you consider it now inoperative, here because we think they are going proliferation treaty, under the so- no longer useful. We want some signs to—and I use these as hypotheticals— called atoms for peace plan. from you that you are serious about the President says, we think they may Many people know or will remember dealing with chemical weapons before be bent on industrial espionage and that the atoms for peace plan was the we enter into the Chemical Weapons therefore we are going to ask that they idea that if countries would eschew the Convention. not be inspectors. The argument development of nuclear weapons, we And there is a final reason for this, against that is, well, tit for tat. They would provide them peaceful nuclear Madam President. One of the leaders of will say, fine, we don’t want any Amer- technology. And countries like Iraq, Russia has written to one of the top icans on the inspection team that and other countries that could be men- leaders of the United States and made comes into our country. We are willing tioned, took advantage of that pro- it clear that if Russia is to join the to say, fine. We think for certain coun- gram, and said, ‘‘Fine. We won’t de- Chemical Weapons Convention, it tries, like China and Iran, we should velop nuclear weapons. Now send us wants to do so at the same time the put right up front they are not going to the peaceful nuclear technology.’’ We United States does. As a result, it be inspectors of United States facili- eventually learned that what they did would be highly unfortunate if the ties. And that would be a third condi- with that peaceful technology was to United States went ahead and ratified tion to ratification. use it in their nuclear weapons pro- this treaty before the Russian Duma A fourth condition to—actually No. 5 gram. did. The Russian Duma is clearly not on the list has to do with the standard So after it was put in the treaty, and ready to do so. This first condition, for verification. This has to do with the we got these people signed up, we therefore, in the Helms resolution of question of whether or not we have an learned that several countries were ratification says, ‘‘Hold on, we will rat- adequate sense that we can actually using this provision of the treaty to ac- ify the Chemical Weapons Convention, find cheating under the treaty. And we tually enhance their nuclear weapons but we will not deposit our instrument are not asking for an impossible stand- capability. It worked to the detriment of ratification at The Hague until Rus- ard. We are not asking for 100-percent of the proliferation of nuclear weapons. sia has done the same, thus enabling us verification. Well, before that was ever learned to come in at the same time.’’ That is We are simply asking that the Presi- this chemical weapons treaty was ne- all that condition says. dent certify to the Congress before we gotiated. So at the time it seemed like It would require certification by the submit the articles of ratification that a good idea to put the same kind of President that Russia is making the CIA has certified to the President provision in the chemical weapons progress, that it intends to comply, it to a level of verification that will treaty. At the time it seemed like it is making progress toward complying. work. And what we have basically done would be a smart thing to provide an They don’t have to demonstrate that is take the definition of previous ad- inducement for countries to join the they have complied. We think that is a ministrations, the so-called Baker- treaty, saying: reasonable condition. I guess I will Nitze definition, along with a specific If you’ll join up, then we will not have any state it the other way around as to this aspect that General Shalikashvili iden- restrictions on trade in chemicals with you. first condition, should we be support- tified as a way of identifying our stand- You can buy all the chemicals you want. ing a treaty that we know is being ard here for verification under the And, in addition to that, you can ask us for, breached by the country that has the treaty. and we will provide to you, all of the defen- largest number of chemical weapons in It would be effectively verifiable. We sive gear, chemicals, antidotes, equipment, the world and is going to continue to could find violations with a high degree and so on, that will enable you to defend be breached by that country, or should of confidence in a timely fashion, with- against chemical weapons. we insist on a condition that they are in a year of their occurrence. And they That is a pretty good incentive for a making progress toward complying be- would be militarily significant. country to join up. Look at it from the fore we buy into it? Now, militarily significant was de- standpoint of a country that has in The second condition has to do with fined in a hearing before the U.S. Con- mind conducting chemical warfare ca- other states, the so-called rogue states. gress by General Shalikashvili as 1 ton pability. The first thing they want to I will spend only a moment on this be- of chemical weapons. And, therefore, do is be able to protect their own April 23, 1997 CONGRESSIONAL RECORD — SENATE S3499 troops from the use of the weapons. So none of the Australia Group countries to our argument, this makes the situa- they want our latest technology in de- will sell it these chemicals. tion worse, not better, and will actu- fensive gear, in defensive equipment, in What is going to happen? Well, today, ally proliferate these weapons, the antidotes and the like. So it is a pretty China may be selling chemicals to Iran same as Secretary Cheney just said in good incentive to sign up for the treaty or maybe another country is selling the quotation I just read, that articles because they have a right to ask us, chemicals to Iran not covered by the X and XI will result in the prolifera- and the treaty says we will undertake treaty. Once the treaty goes into ef- tion of chemical weapons because there to provide to them that material. fect, those countries could continue to cannot be any restrictions. Moreover they want to buy chemicals. sell chemicals to Iran. But what is The administration then began to Right now the Australia group I going to happen is that the other coun- take a different tack. First they said, talked about before has limitations on tries, countries that sign onto the con- well, we will decide not to lift our re- what chemicals can be sold. As a mat- vention are going to say, ‘‘Wait a strictions, so the United States will ter of fact, there are 54 specific chemi- minute. China, for example, is selling still not sell to countries that we think cals under the Australia group that chemicals to Iran. Our chemical com- might develop chemical weapons. And cannot be sold to the countries we be- panies want in on the action. It says we will get you a letter to that effect. lieve want to develop the chemical right here in the treaty we’re not sup- I have not seen anything in writing, weapons capability. These countries posed to maintain any restrictions. So but that is the administration’s latest then have an incentive for joining the we are out of here. We are going to statement. convention because under the conven- allow our countries to sell chemicals to We said, that does not do any good tion you cannot limit the trade in a country like Iran.’’ We will have a because it only takes one country to chemicals. very poor argument against that. break an embargo. Any one of the What does the treaty say? Article X: What has been the administration’s countries could do it. And the horse response to this? Belatedly the admin- would be out of the barn. So they said, Each State Party undertakes to facilitate, istration seems to find there is a little and shall have the right to participate in, well, we will try to get the other Aus- the fullest possible exchange of equipment, problem here. But originally it did not tralia Group states to agree to the material and scientific and technological in- think so. As a matter of fact—and I same thing. formation concerning means of protection think this is a critical point of this de- Bear in mind what they are saying. against chemical weapons. bate, Madam President,—right after First, they were all going to lift these It could not be more clear, Madam the chemical weapons treaty was restrictions to be in compliance with President. Article X says that the par- signed into force, the Australia Group the treaty. Now we are going to try to ties to the treaty have the right to par- members were all asked to begin the convince them they should keep them ticipate in and each party undertakes process of lifting their restrictions pur- in place in clear violation to the trea- to facilitate. In other words, we have suant to the Chemical Weapons Con- ty. This is the way to make a moral an obligation to facilitate their acqui- vention, the plain wording of articles X statement, Madam President, by vio- sition of this defensive equipment. and XI. lating the treaty right up front and an- Let me read to you, according to the Article XI carries this further and nouncing to the world we are violating administration—this is in testimony adds another element. And I read in the treaty, by keeping in place restric- before the Congress: part: tions that are required to be lifted Australia Group members in August 1992 The . . . States Parties . . . .shall . . . un- under articles X and XI? dertake to facilitate, and have the right to committed to review their export control measures with a view of removing them for It is not a very propitious way to participate in, the fullest . . . exchange of make a moral statement or to begin chemicals, equipment and scientific and CWC States Parties in full compliance with technical information relating to the devel- their own obligations under the convention. the operation of an international trea- opment and application of chemistry for pur- In other words, after the CWC was ty to announce in effect not only are poses not prohibited under this Convention signed, the Australia Group countries you going to violate it but you are . . . for peaceful purposes . . . began to review their export control going to try to get all your friends in In other words. The ‘‘atoms for measures which currently prohibit the Australia Group to violate it be- peace’’ equivalent in the Chemical them from selling chemicals to certain cause not to do so would be to lift the Weapons Convention. countries, so that they could bring restrictions we currently believe are So here is a big incentive for coun- themselves into compliance with their helpful in preventing the spread of tries who want to develop a defense obligations under articles X and XI of chemical weapons. against chemical weapons to join the the convention. Even if all these countries do decide Chemical Weapons Convention. And the Australia Group itself issued to ignore articles X and XI, countries The second part of article XI, section a formal statement—and I am quoting that are not States Parties can con- (c) says that: now— tinue to sell these chemicals. I said, it [The] States Parties. . . shall. . .[n]ot main- Undertaking to review, in light of the im- will not be long until everyone else will tain among themselves any restrictions, in- plementation of the Convention, the meas- want in the action. The same argument cluding those in any international agree- ures that they take to prevent the spread of that has been made by some of our ments . . . chemical substances and equipment for pur- chemical companies, in the event if shall. . . [n]ot maintain among themselves poses contrary to the objectives of the con- somebody is selling we should have the vention with the aim of removing such meas- any restrictions, including those in any right to sell too otherwise we are just international agreements, incompatible with ures for the benefit of States Parties to the Convention acting in full compliance with losing good business. the obligations undertaken under this Con- the obligations under the Convention. So I will conclude, Madam President, vention, which would restrict or impede by trying to make this rather simple, trade and the development and promotion of In other words, again, if you have [again] scientific and technological knowl- limitations on the sale of chemicals to but I think important point. To those edge in the field of chemistry for industrial, countries, you are going to have to lift who say, granted, it is not going to be agriculture, research, medical, pharma- them or you will be in violation of arti- a very effective treaty, but at least it ceutical or other peaceful purposes. cles X and XI of the convention. does no harm, I say, you are wrong. It shall . . . [n]ot maintain among them- What has the administration’s re- is going to do a lot of harm—to busi- selves any restrictions, [either unilateral or sponse to this been? ness, to the taxpayers, to our ability to international restrictions.] At first it was denial. Then, one com- conduct diplomacy and, importantly, So what this says is that States Par- ment made to me was, ‘‘Well, we tried to our ability to constrain the spread ties will have the right to say, once our best to negotiate our way out of of chemical weapons. they become parties, ‘‘You can’t have this, but the best we could do is get As Secretary Cheney said, unless ar- an embargo on selling chemicals to us. language like ‘undertake to facilitate’ ticles X and XI are removed from this You have to lift your restrictions.’’ rather than ‘obligated to.’ We just treaty, it is going to make matters For a country like Iran, for example, couldn’t negotiate anything better.’’ worse, not better. which has signed the treaty, this would So this was a bone to those countries, So the fourth condition that is a part be a pretty good deal because currently an incentive for them to come in. And of the Helms resolution of ratification S3500 CONGRESSIONAL RECORD — SENATE April 23, 1997 says that we will ratify the treaty, but noticed that two or three people said, Trinidad Tobago. before we deposit the articles of ratifi- ‘‘Helms doesn’t do anything in the For- Ukraine. cation there has to be a certification eign Relations Committee except hold BILATERAL MUTUAL LEGAL ASSISTANCE by the President that those two sec- up treaties.’’ TREATIES tions have been removed from the trea- Well, let’s look at the record. In the Austria. ty. Yes, of course, that will require a past 2 years—that is to say the 104th Hungary. renegotiation. The States Parties will Congress—the Foreign Relations Com- Korea. Panama. have to agree to take those provisions mittee has considered 39 treaties, and The Philippines. out. That should not be a problem if the Senate approved 38 of them—the United Kingdom. one exception being this chemical the administration’s most current as- BILATERAL TAX TREATIES surances are to be believed. weapons treaty, which the administra- Canada. I suspect, however, there are specific tion pulled down just before it was to France. States Parties who do not agree with become the pending business in the Indonesia. those assurances who fully intend to Senate. Kazakstan. continue these sales. As a matter of I will read the list that I am going to Kazakstan Exchange of Notes. fact, if you will read the language of put into the RECORD: Consideration of Mexico. the Chinese ratification, it explicitly the CWC, in the context of the work of Netherlands-Antilles. preserves their understanding of arti- the committee in carrying out its re- Portugal. cles X and XI which is the obvious un- sponsibility to us and consent to ratifi- Sweden. Ukraine. derstanding of anyone reading them, cation as set forth in article II, section Ukraine Exchange of Notes. that it would be improper to have trade 2, of the Constitution. Treaties consid- restrictions or to deny the defensive ered during the 104th Congress included Mr. HELMS. In addition to my rec- equipment in the case of other States bilateral tax and investment treaties, ommendation to the distinguished Parties. important to protecting and furthering ranking member, I hope Senator So, Madam President, we are stuck U.S. business interests abroad; 14 trea- MCCAIN, although he does not share my with articles X and XI. And it is the be- ties strengthening U.S. law enforce- view on the treaty, will be recognized, lief of many of us that perhaps we ment through extradition of criminals because he is a patriot of the first could support this treaty if those arti- and access to criminal evidence in order, as far as I am concerned. If any- cles were removed. But until they are other countries. One notable example body ever paid his dues to this country, removed, it makes matters worse and of the impact of these treaties was the the Senator from Arizona did. Follow- therefore we cannot in good conscience ratification of the United States extra- ing him, I should like for Senator support the treaty in that form. dition treaty with Jordan, which en- HUTCHINSON to represent our side in the I thank the distinguished chairman abled the United States to take into pecking order. How much time will the of the committee for yielding me this custody a suspect in the World Trade Senator need? time. Center bombing. Extensive hearings Mr. HUTCHINSON. Ten minutes. Mr. HELMS addressed the Chair. were held by the committee to consider Mr. HELMS. The Senator can use a The PRESIDING OFFICER. The Sen- the START II Treaty and the Conven- little longer if he wishes. Let me ask ator from North Carolina is recognized. tion on Chemical Weapons. The For- about the time consumed thus far, Mr. HELMS. Madam President, allow eign Relations Committee also consid- Madam President. me to thank the able Senator from Ari- ered, and the Senate ratified, three The PRESIDING OFFICER. The Sen- zona. He is a walking encyclopedia on multilateral treaties dealing with land- ator from North Carolina has 3 hours 10 the details of this treaty, and he has mines and the rubber industry and minutes remaining. The Senator from been enormously helpful to me and to international fisheries laws. Delaware has 3 hours 21 minutes re- many other Senators in understanding I ask unanimous consent that this maining. Mr. HELMS. Three hours even for the implications of a great many provi- list be printed in the RECORD. sions of the treaty. I thank him now There being no objection, the list was me? publicly for all he has done to be help- ordered to be printed in the RECORD, as The PRESIDING OFFICER. And 10 ful. I am deeply grateful. follows: minutes. And 3 hours 21 minutes for the Senator from Delaware. Mr. KYL. Madam President, I return TREATIES RATIFIED BY THE SENATE DURING that thanks. I see the distinguished THE 104TH CONGRESS Mr. HELMS. We are running pretty near. The distinguished Senator from ranking member of the committee. I ARMS CONTROL TREATIES Delaware made his usual eloquent compliment both of them for their Convention on Conventional Weapons. work to achieve what I have described Start II. speech this morning. How long did I as ‘‘limited success’’ in the provisions [Convention on Chemical Weapons (ap- speak, by the way? agreed to, but nonetheless important. I proved by Committee/no vote by Senate)]. The PRESIDING OFFICER. The Sen- appreciate the negotiations that they COMMODITIES ator spoke for 4 minutes, plus 26 min- conducted and the spirit in which this 1995 International Natural Rubber Agree- utes earlier today. debate has been conducted as well. ment. Mr. HELMS. Four months? No, I un- Mr. HELMS. Madam President, I ask FISHERIES derstand. With the understanding that the Senator from Arkansas will follow unanimous consent that the RECORD re- U.N. Convention Relating to the Conserva- flect that had there been a recorded tion and Management of Highly Migratory the distinguished Senator from Ari- vote on the previous two voice votes, Fish Stocks. zona, I yield the floor to my distin- that Senators ASHCROFT and GRAMS BILATERAL EXTRADITION TREATIES guished friend from Delaware. would have voted ‘‘aye’’ on both votes. Belgium. Mr. BIDEN. That ‘‘four month’’ com- The PRESIDING OFFICER. Without Supplementary with Belgium. ment reminds me of a joke about the objection, it is so ordered. Bolivia. two guys who were cheering at the bar, Mr. HELMS. Madam President, I Hungary. clapping their hands. A guy walks into hope the distinguished ranking mem- Jordan. the bar and says, ‘‘What are they so ber will agree that the other Senator Malaysia. happy about?’’ Another guy says, ‘‘Oh, from Arizona should follow. I will leave The Philippines. they just put together a jigsaw puzzle, it for him to limit his time or not. Let Switzerland. and they did it in 3 hours.’’ The guy me do one or two other things and I BILATERAL INVESTMENT TREATIES walks up to them and says, ‘‘Congratu- will let the Senator take care of that. Albania. lations, but why is that so special?’’ I noticed that two or three times in the Belarus. They showed him the box, which said Estonia. past week—and I am used to the media Georgia. ‘‘2 to 4 years.’’ At any rate, it will take criticism; as a matter of fact, I enjoy Jamaica. a while for that to sink in. A little bit it. I have a lot of cartoons on my office Latvia. of levity in the chemical weapons trea- wall to prove that I do enjoy it. But I Mongolia. ty is worth the effort. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3501 The junior Senator from Arizona The critics point out that a number CWC would require all other parties to de- complimented me on the limited suc- of countries, such as Iraq, Libya, Syria, stroy their stockpiles by April 2007. cess that we have achieved here. I and North Korea, will not ratify the ‘‘In addition, the Administration has agreed to a number of provisions dealing thank him for that. Now I am going to CWC and will therefore not be bound by with rogue states that remain outside the yield to a man of unlimited capacity to its limits. True. But will our efforts to treaty. (See attached letter from President prove to everyone that there is no keep weapons of mass destruction out Clinton to me dated April 22, 1997). I also un- limit to the success we are about to of their hands be enhanced if we don’t derstand there is a possibility of an addi- achieve in this treaty. ratify this treaty? No, they will not. In tional agreement with respect to sharing of I yield 15 minutes to the distin- fact, I am confident that these rogue information. If so, it would further strength- guished Senator from Arizona, my good states are desperately hoping the Sen- en the treaty. I understand that even with all the added safeguards, not every Senator, friend, JOHN MCCAIN. ate will reject ratification because, if for their own good reasons, will support rati- The PRESIDING OFFICER. The Sen- we do, we will not only spare them the fication. ator from Arizona is recognized. mandatory trade sanctions that the ‘‘As a member of the Senate, I supported Mr. MCCAIN. Madam President, I CWC imposes on nonparties, we will the START I, START II, INF, and CFE trea- thank my distinguished colleague from also undermine a near global consensus ties because they met the crucial tests of ef- Delaware and the Senator from North that all chemical weapons, including fective verification, real reductions, and sta- Carolina. The distinguished Senator those of nonparties, should be banned. bility. If I were presently in the Senate, I from North Carolina deserves great would vote for ratification of the CWC be- Madam President, for 10 years I have cause of the many improvements agreed to. credit, in my view, because he, as had the privilege of working with the ‘‘Those who may still have concerns can chairman of the Foreign Relations former Senate majority leader, Bob look to Article XVI, which allows with- Committee, allowed this treaty to Dole. Probably the closest working re- drawal from the treaty on 90 days notice if it come to the floor. The distinguished lationship I had with him was on issues fails to serve America’s vital interests. chairman could have bottled up this of national security. In fact, I was priv- There is little doubt in my mind that if this convention increases proliferation of chemi- treaty under his authority as chairman ileged to serve as one of his advisers in of the committee. He deserves great cal weapons, it would lead to public outrage the last campaign in his efforts for the which would compel any President to act. praise. Presidency of the United States. The bottom line is that when it comes to I also point out that, as various Madam President, I know of no one America’s security, we must maintain a groups have gotten into this debate, more credible on these issues, and I strong national defense that is second to there have been a lot of allegations, a know of no one, going back to World none.’’ lot of impugning of character and pa- War II, who understands service and triotism and views about whether peo- THE WHITE HOUSE, sacrifice and our national security in- Washington, April 22, 1997. ple are tough enough or not tough terests more than Senator Bob Dole, a enough or what is too soft. This is a de- Hon. BOB DOLE, man whose friendship I cherish and Washington, DC. bate amongst honorable people who whose companionship I enjoy but, more DEAR BOB: I welcomed the opportunity to have honorable differences of opinion, important than that, a person whose discuss the Chemical Weapons Convention as I do with the junior Senator from views I hold in the highest esteem and (CWC) with you Saturday and appreciated Arizona, my dear friend and colleague, regard. There are many other experts your taking the time Monday to have Bob Bell brief you on the 28 agreed conditions to Senator KYL. I would like to see, espe- on national security issues in this cially in the columns of various peri- the Resolution of Ratification. town, but I know of no one who has had When you wrote Senator Lott last Septem- odicals interested in this view, the de- the experience and hands-on involve- ber, you expressed the hope that I would as- bate elevated a bit as to the virtues or ment with these issues, that is, the sist him in amending the Resolution of Rati- vices, as the observers of this treaty tough decisions, than Senator Dole. We fication in a manner that would address cer- might view them, as opposed to specu- all know that Senator Dole issued a tain concerns you raised and thereby lations about the motives of those who letter today that I think is of great im- ‘‘achieve a treaty which truly enhances American security.’’ I believe the 28 agreed either support or oppose this treaty. I portance. think the American people would be far conditions, which are the product of over 60 Madam President, I ask unanimous hours of negotiation between the Adminis- better off. consent that Senator Dole’s statement tration and the Senate over the last two and Madam President, the importance of and the letter from President Clinton a half months, meet both these tests. We this issue has been pointed out. We will to Senator Dole be printed in the have truly gone the extra mile in reaching have political and economic con- RECORD. out, as you recommended, to broaden the sequences for the United States for There being no objection, the mate- base of bipartisan support for this treaty. As many years to come. The most impor- I said in my public remarks Friday, ‘‘I con- rial was ordered to be printed in the sider that the things that we’ve agreed to in tant question is whether this agree- RECORD, as follows: ment is good for U.S. national security. good faith are really a tribute to the work that Senator Lott and Senator Helms and In my view, one central fact domi- STATEMENT OF BOB DOLE ON THE CHEMICAL WEAPONS CONVENTION Senator Biden and a number of others did to nates consideration of this issue. Re- really clarify what this Convention will WASHINGTON.—Bob Dole today issued the gardless of whether the United States mean; I think it’s a positive thing.’’ ratifies this treaty, the United States following statement regarding the Chemical Let me mention briefly how my Adminis- Weapons Convention: tration has addressed the specific concerns will, in the next decade or so, complete ‘‘Last September, the Senate Majority the destruction of its own aging chemi- you raised last fall: Leader, Trent Lott, asked me to express my Constitutionality. You said Constitutional cal weapons stockpile. Our reasons for opinion on the Chemical Weapons Conven- protections should be safeguarded against doing so have nothing to do with arms tion. In my response, I raised concerns about unwarranted searches. We have agreed to a control. The decision was made before the Chemical Weapons Convention and ex- condition (#29) guaranteeing that there will the CWC became a near-term possibil- pressed hope that the President and the Sen- be no involuntary inspection of a U.S. comity. I am not aware of any interest of ate would work together to ensure that the pany or facility without a search warrant. Congress or the U.S. military in get- treaty is effectively verifiable and genuinely Period. We have also agreed to a condition global. They have, and as a result, 28 condi- ting the United States back in the (#12) underscoring that nothing in the treaty tions to the Senate’s Resolution of Ratifica- ‘‘authorizes legislation, or other action, by chemical weapons business. So when tion have been agreed to. These 28 agreed the United States prohibited by the Con- we consider the wisdom of ratifying conditions address major concerns. stitution of the United States, as interpreted this treaty, we should bear in mind ‘‘I commend Senator Lott, Senator Helms, by the United States.’’ that this is, first and foremost, a trea- Senator Lugar, and many other former col- Real Reductions. You asked whether the ty about limiting other countries’ leagues, as well as President Clinton and ad- CWC will actually eliminate chemical weap- chemical weapons, not our own, be- ministration officials for their constructive ons. We have agreed to a condition (#13) cause we are doing away with ours. In efforts. Is it perfect—no—but I believe there specifying severe measures that the United are now adequate safeguards to protect practical terms, the alternative to rati- States will insist upon if a country is in non- American interests. We should keep in mind compliance of this fundamental obligation fication of the CWC is U.S. unilateral that the United States is already destroying under the treaty. disarmament in the field of chemical its chemical weapons in accordance with leg- Verification. You asked whether we will weapons. islation passed more than 10 years ago. The have high confidence that our intelligence S3502 CONGRESSIONAL RECORD — SENATE April 23, 1997 community (IC) will detect violations. We expressed by Senator Dole at that proliferation is an evil that must be have agreed to a condition (#10) which would time—then candidate Dole. It is well countered. require the Administration to identify on a known that Senator Dole’s reserva- Moreover, beyond the text of the yearly basis priorities, specific steps and re- tions were legitimate and sincere. CWC itself, we have before us 28 agreed sources being undertaken to strengthen U.S. conditions in the resolution of ratifica- monitoring and detection capabilities. These There is also now no doubt—at least in annual reports would also include a deter- my mind, as well as in Senator Dole’s— tion. As a member of the group that mination of the IC’s level of confidence with that those reservations and concerns the majority leader put together to ad- respect to each monitoring task. We also have been satisfied by the 28 conditions dress issues regarding CWC ratifica- made clear during the negotiations on the that are included in this treaty, with tion, I am proud of the work done at conditions our willingness to certify that the only 5 remaining, which we will be vot- the member and staff level to achieve CWC is ‘‘effectively verifiable’’ and that the ing on tomorrow. agreement with the administration on IC has high confidence it could detect the Obviously, every U.S. Senator thinks a number of difficult issues. I am also kind of violation that matters most in terms for himself or herself; there is no doubt grateful for the work done by the of protecting our troops deployed in the field: any effort by an adversary to try to about that. But, in my mind, this is an chairman of the Foreign Relations train and equip his army for offensive chemi- important event that Senator Dole Committee and the ranking minority cal warfare operations. I regret that the should weigh in on this issue—not be- member, who together resolved many unanimous consent (U/C) agreement govern- cause there is any benefit to Senator additional problems. This work has ing the floor debate on the CWC will not Dole; clearly, there is a downside for greatly strengthened the resolution of allow this condition to be offered. his involvement, and he could have ratification on which we will soon vote. Universality. Finally, you asked whether kept silent. But, once again, Senator Agreed condition 7 of the resolution the treaty will be truly global. We have requires the President to certify not agreed to a condition (#11) which requires the Dole has chosen to speak out for what Secretary of Defense to ensure that U.S. he believes is important to U.S. vital only that the United States believes forces are effectively equipped, trained and national security interests. I applaud that the CWC does not require us to organized to fight and win against any rogue him and, again, hope that he will con- weaken our export controls, but also state that remains outside the treaty and tinue his involvement in the challenges that all members of the Australia employs CW in battle. To restrict CW op- that we face in the years ahead to our Group have communicated, at the tions for such states, we agreed to a condi- Nation’s security, as he has so success- highest diplomatic levels, their agree- # tion ( 7) requiring the President to certify fully done in the past. ment that multilateral and national that we will strengthen our national export The CWC critics also contend that export controls on sensitive chemical controls and that all 30 states participating in the Australia Group are committed to the treaty will weaken our non- technology are compatible with the maintaining this export control regime on proliferation policy because article XI treaty and will be maintained under dangerous chemicals. This certification will of the treaty says the parties will have the CWC. have to be made annually. Lastly, during the the right to participate in ‘‘the fullest Conversely, if the United States re- negotiations on the conditions we under- possible exchange’’ of chemical tech- jects ratification, I doubt that we will scored our willingness to commit to a mech- nology for purposes not prohibited be able to play our traditional leader- anism by which we would have to consult under the convention. As a result, we ship role in attempting to persuade each year with the Senate on whether to re- will have to eliminate our national other chemical suppliers to exercise remain in the CWC if rogue states do not over straint. The world will blame the Unit- time succumb to pressure to join the treaty controls on chemical technologies and regime. As with the proposed verification disband the Australia Group, the mul- ed States for undermining a chemical condition, I regret the Senate will not have tilateral framework for restraining weapons ban that the vast majority of an opportunity to vote on this condition ei- transfers of sensitive chemical tech- other countries were willing to sign. If ther. nology. we reject ratification, where will we In closing, let me again thank you for your This interpretation of the treaty is get the moral and political authority interest in and support for achieving a trea- contradicted not only by the text of to persuade other Australia Group party that enhances the security of our Armed the treaty—which subordinates article ticipants to block exports to countries Forces and all our citizens. Sincerely, XI to the basic undertakings in article of concern? BILL CLINTON. I for parties not to acquire chemical The same case can be made regarding article X of the treaty, which critics Mr. MCCAIN. Madam President, I weapons or to assist another state in claim will require us to share defensive will not read Senator Dole’s whole doing so—but also by our experience technologies with potential enemy statement, but I think it is important with other nonproliferation treaties states. Not only does this provision what he said. I will read parts of it: and the agreed ‘‘consensus’’ conditions apply only to CWC parties, so countries I commend Senator Lott, Senator Helms, included in the resolution of ratifica- Senator Lugar, and many other former col- tion before us. outside the treaty like Libya cannot leagues, as well as President Clinton and the First of all, article XI is essentially benefit, but condition 15 in the resolu- administration officials for their construc- similar to the language of article IV of tion of ratification obliges the United tive efforts. Is it perfect—no—but I believe the Nuclear Non-Proliferation Treaty States to share only medical antidotes there are now adequate safeguards to protect in that it blesses technology exchanges and treatment to countries of concern American interests. among treaty parties, but the NPT has if they are attacked with chemical I repeat. not caused us to disband the Nuclear weapons. And our respected former col- * * * I believe there are now adequate safe- Suppliers Group, which was, in fact, league, Secretary of Defense Cohen, guards to protect American interests. We founded after the NPT went into force. has committed the United States to should keep in mind that the United States Nor has it obliged us to curtail our use every instrument of U.S. diplomacy is already destroying its chemical weapons national controls on the transfer of nu- and leverage to block transfers of in accordance with legislation passed more clear technology, even to other NPT chemical technology that would under- than 10 years ago. The CWC would require all parties; the United States enacted the other parties to destroy their stockpiles by mine our security, and he has made the April 2007. Nuclear Nonproliferation Act of 1978 10 obvious point that we will be better years after the NPT was signed. There He goes on to say: able to do this if we are inside the CWC will always be some countries that ob- regime rather than outside. As a Member of the Senate, I supported the START I, START II, INF, and CFE treaties ject to our technology controls, but It is true that the Chemical Weapons because they met the crucial tests of effec- these are decisions the United States Convention will be more difficult to tive verification, real reductions, and stabil- makes for itself. And successive admin- verify than nuclear arms control agree- ity. If I were presently in the Senate, I would istrations, Republican and Democratic, ments such as START and INF. But re- vote for ratification of the CWC because of have maintained and expanded our ex- gardless of whether the United States the many improvements agreed to. port controls on nuclear technology, ratifies the CWC, we will have to mon- Madam President, it is well known while the NPT has contributed to our itor closely the chemical weapons pro- that, last fall, one of the reasons the ability to obtain support from our al- grams of other states. The intelligence treaty was withdrawn by the adminis- lies in this effort by establishing an community has repeatedly told the tration was because of the reservations international consensus that nuclear Senate that the CWC’s verification April 23, 1997 CONGRESSIONAL RECORD — SENATE S3503 measures will be a useful tool in doing gulf war victors Colin Powell and Nor- Those words of Dick Cheney have this job. General Shalikashvili has told man Schwarzkopf, retired CNO Adm. echoed in my mind—‘‘worse than hav- the Armed Services Committee that ‘‘I Elmo Zumwalt, plus the Veterans of ing no treaty at all’’. believe that the system of declarations, Foreign Wars, the Vietnam Veterans of He said, if I might summarize, that of routine inspections, challenge in- America, and the Reserve Officers As- the manufacture of chemical weapons spections, all put together, give us a sociation. I am comfortable in their is too widespread, concealing it is too leg up to the ability to detect whether company, and that of every U.S. ally in easy, and enforcement is too uncertain (potential violators) are, in fact, em- Europe and Asia. That is why I intend for us to ratify this treaty. barked upon a program that would be to vote to ratify this treaty, and I urge Madam President, I ask unanimous in violation of the CWC. So I think our my colleagues to do the same. consent that this statement from Dick chances are improved when they are Madam President, I yield back my Cheney be printed in the RECORD. members of the CWC. Our chances de- time to the distinguished Senator from There being no objection, the mate- crease dramatically if they are not Delaware. rial was ordered to be printed in the members of the CWC.’’ The PRESIDING OFFICER. The Sen- RECORD, as follows: ator from Arkansas is recognized for 10 While some want to reject the CWC The technology to manufacture chemical because of verification concerns, it minutes. weapons is simply too ubiquitous, covert seems to me that this would have the Mr. HUTCHINSON. Madam Presi- chemical warfare programs too easily con- practical effect of reducing the United dent, I rise today to voice my serious cealed, and the international community’s States’ ability to monitor the chemical reservations about the Chemical Weap- record of responding effectively to violations weapons programs of other countries. ons Convention treaty. The most im- of arms control treaties too unsatisfactory This is an example of the best being portant standards for an effective trea- to permit confidence that such a regime ty are: Verifiability, protection to the would actually reduce the chemical threat. the enemy of the good. Indeed, some aspects of the present conven- Discussions among Senators and be- signatories, constitutionality, and the applicability to nations of most con- tion, notably its obligation to share with po- tween the Senate and the administra- tential adversaries like Iran, chemical man- tion have produced other agreed condi- cern. I sincerely believe that the CWC ufacturing technology that can be used for tions to the resolution that have falls short in each of these basic re- military purposes and chemical defensive strengthened the case for ratification. quirements. equipment, threaten to make this accord Madam President, I also want to On April 8, 1997 three former Sec- worse than having no treaty at all.—Richard commend the work of the majority retaries of Defense appeared before the Cheney, Letter to Chairman Helms, April 7, 1997. leader, Senator LOTT, who has worked Senate Foreign Relations Committee long and hard to address the legitimate urging Senators to vote against the Mr. HUTCHINSON. Madam Presi- concerns many Republicans Senators ratification of the Chemical Weapons dent, Secretary Cheney’s statement had expressed about the Convention Convention. This fact alone should give sends a clear message to the American and to accommodate the administra- this body great pause in the consider- people that this treaty does not effec- tion’s correct assertion that the Senate ation of this treaty. tively deal with the threat of chemical I know that there are good, there are has a duty to vote, yea or nay, on the and biological weapons. As we begin loyal, and there are patriotic Ameri- treaty. Senator LOTT and his indefati- this debate on the CWC, the American cans on both sides of this issue of rati- gable foreign policy advisor, Randy people, with justification, will ask fying the Chemical Weapons Conven- Scheunemann, labored tirelessly to fa- their leaders how and where they stand tion. I have many constituents who cilitate negotiations between members on the issue of chemical weapons. have called me, and said, ‘‘Senator, and between the Senate and the admin- I stand here today wanting to tell the how do we know? We hear former Sec- istration. They ensured that these ne- American people that this Congress retaries of Defense saying it is a bad gotiations bore fruit and resulted in a will do everything in its power to rid treaty. We hear Colin Powell saying it resolution of ratification that resolved our world of chemical and biological is a good treaty. Today we hear former most, if not all, of the reservations ex- weapons, however, the CWC is not glob- Senator Dole saying we need to ratify pressed by some Senators. Both the al, is not verifiable, is not constitu- this. How do we know?’’ Senate and the administration are in tional, and quite frankly, it will not I believe that it is simply our respon- work. their debt. sibility as Senators, respecting the dif- It is also appropriate, Madam Presi- While the intent of the CWC is to cre- ferences that exist, to study this, to dent, to commend administration offi- ate a global chemical weapons ban, ac- evaluate it, and to make a reasoned cials for working with the Senate in a complishing that goal does seem un- judgment. I believe also when our na- genuinely nonpartisan way that was likely. Six countries with chemical tional security is at risk that we must notable for the respect paid to the weapons programs—including all of always opt on the side of caution in views of all Members, and the good those with aggressive programs—have consideration of a treaty such as we faith shown in trying to come to terms not yet signed the CWC. have before us. So how then can we call this a global with so many difficult issues. I have on Madam President, the opinions of treaty? many past occasions been critical of Secretaries Schlesinger, Rumsfeld, Neither Iraq, Libya, Syria, nor North administration policies and the lack of Weinberger, and Cheney regarding this Korea have signed or ratified the CWC. bipartisanship in promoting those poli- treaty should not be taken lightly. On cies. In this instance, administration China, Pakistan, and Iran have signed April 7, in a letter to Senator JESSE officials took great pains to secure the the CWC, but have not ratified it. Rus- HELMS, chairman of the Senate Foreign sia has signed the CWC, but has not Senate’s advice and consent in a man- Relations Committee, former Sec- ratified it. ner that was, as I said, genuinely re- retary of Defense Cheney wrote, and I These rogue nations of Iran, Libya, spectful of every Senator’s views. Thus, am quoting, Mr. President: I am happy to give praise where praise North Korea, and Syria represent a The technology to manufacture chemical clear threat to United States security is due. weapons is simply too ubiquitous, covert Madam President, I respect the con- chemical warfare programs too easily con- and the security of key United States cerns of those Senators who cannot cealed, and the international community’s allies. All of these countries have ac- vote in favor of ratifying the CWC. But record of responding effectively to violations tive, aggressive programs to develop in my opinion, we do not need killer of arms control treaties too unsatisfactory and produce chemical weapons. amendments to ensure that this trea- to permit confidence that such a regime Let’s be clear about one important ty—negotiated under President Reagan would actually reduce the chemical threat. thing. The administration has refused and signed by President Bush—is on Indeed, some aspects of the present conven- to ban inspectors from rogue nations balance a good deal for the United tion, notably its obligation to share with po- such as Iran and China. tential adversaries like Iran, chemical man- States. This view is shared by former ufacturing technology that can be used for That will be one of the reservations Presidents Ford and Bush, numerous military purposes and chemical defensive that we will have the opportunity to Nobel Prize winners in chemistry, the equipment, threaten to make this accord vote on. And it is one of those reserva- chemical industry trade associations, worse than having no treaty at all. tions that I find it incomprehensible S3504 CONGRESSIONAL RECORD — SENATE April 23, 1997 that the administration has found un- I am very sensitive to the needs and mental concerns about the Pine Bluff acceptable—banning inspectors from wishes of the small business-man. And arsenal. So I believe that the recent de- rogue nations such as Iran and China. while large multinational chemical bate on Yucca Mountain further illus- In addition, there are intelligence re- corporations can bear the estimated as- trates how problematic the fulfillment ports that have recently indicated that tronomical costs regarding reporting of our treaty obligations would be. Russia has already begun to cheat, requirements of a CWC member nation, Madam President, I certainly want even before the CWC has gone into ef- these costs constitute a significant this body to provide a comprehensive fect. These facts alone give substance burden, in some cases an overwhelming domestic and international plan to re- to opposing the treaty. burden, to small businesses, not just in duce the threat of chemical and bio- Madam President, inherent in the Arkansas but all around America. logical weapons. As I have already CWC is a requirement that we share There are roughly 230 small businesses stated today, however, the CWC has our advanced chemical defensive gear which custom-synthesize made-to- too many loopholes that will perpet- with countries like Iran and China. It order products and compete with large uate chemical weapon activity rather is important to recognize that rogue chemical manufacturers. It is my un- than end it. It is a serious obligation nations, through reverse engineering, derstanding that they generally have that we have. I believe that this body can easily figure out how to infiltrate fewer than 100 employees and have an- will make the right decision. For me, our technologies. This would not only nual sales of less than $40 million each. the words of Dick Cheney keep echo- increase the chances of a chemical at- Few, if any, of them can afford to em- ing: ‘‘Worse than no treaty at all.’’ tack, but more importantly this would ploy legions of lawyers just to satisfy For this Senator, I will be voting endanger our troops around the world. the new reporting requirements of the ‘‘no’’ on I believe a flawed, unfixable Let us be crystal clear on the fact CWC. Let us be realistic. Can these treaty. I yield the floor. that once there is a free-for-all of U.S. burdensome reporting requirements The PRESIDING OFFICER. Who chemical and defensive technologies prevent the proliferation of chemical yields time? between the proposed signatories of weapons? Mr. BIDEN addressed the Chair. this treaty, it will quite frankly be im- In addition to the cost factor on our The PRESIDING OFFICER. The Sen- possible to stop the transfer of this in- small businesses, the possibility of U.S. ator from Delaware is recognized. formation to the rogue nations, that do trade secrets being stolen during CWC Mr. BIDEN. I yield the distinguished not sign the CWC. inspections to me at least seems very Senator from New Jersey 7 minutes. I believe that the CWC will not in- The PRESIDING OFFICER. The Sen- crease pressure on rogue regimes. The high. I have been advised that the U.S. intelligence community has said that ator from New Jersey is recognized. CWC will not result in an international Mr. TORRICELLI. I thank the Chair. norm against the use of chemical weap- the CWC inspections constitute a new tool to add to our intelligence collec- I thank the Senator from Delaware for ons. The Geneva Convention of 1925 al- yielding. ready established that norm. How tion tool kit. Putting one and one together, inspections will also constitute Madam President, tomorrow the Sen- many times has this prohibition been ate will exercise its historic constitu- violated by Iraq, on the Kurds and even a tool in the kit of foreign governments as well. I hope that the Amer- tional powers of treaty ratification. It in the case of our own troops? is a solemn power that we have exer- Madam President, it took 5 years be- ican people realize that U.S. expendi- cised for two centuries. That power has fore the Pentagon came forward with tures as a member nation of the CWC often defined the security of the Nation information pertaining to the exposure include a mandatory 25-percent assess- and sometimes been determinant of of our own troops to certain chemical ment for operating expenses of the Or- war and peace itself. The issue before and biological substances that could af- ganization for the Prohibition of Chem- the Senate now is the ban on chemical fect the health and well-being of our ical Weapons, the OPCW. weapons, probably the most important 700,000 U.S. service people in the gulf. The PRESIDING OFFICER. The Sen- The rogues have demonstrated that ator’s 10 minutes have expired. foreign policy question remaining be- they will plan for the use of, threaten Mr. HUTCHINSON. Madam Presi- fore the United States in this century. the use of, and indeed use chemical dent, I ask unanimous consent for an Perhaps because the consequences weapons despite international norms. additional 3 minutes. are so great the choice is also clear. We must, to the best of our ability, The PRESIDING OFFICER. Without This treaty demands ratification. The avoid the horrible events of the 1980’s, objection, it is so ordered. treaty itself is a culmination of a proc- when the international community Mr. HUTCHINSON. As a member na- ess that began over 12 years ago under witnessed the horrors of Iraq’s use of tion, we will pick up a 25-percent as- the leadership of Ronald Reagan. The chemical weapons against its own peo- sessment for the operating expenses of United States began a review and then ple. Since that time, sanctions against the organization. This is the new inter- determined that it would eliminate Iraq have been strong and effective. national organization created to ad- chemical weapons. We did so because of The CWC will not address any short- minister the CWC. It is my understand- the need to reduce the numbers of comings in these sanctions. ing that operating costs are likely to those weapons in the world and to re- Madam President, how can the CWC be a minimum of $100 million per year, strict the ability of those nations that be global if these so-called rogue na- $25 million of which will come from did not possess them to obtain them. tions have not signed the CWC? The U.S. taxpayers. Since Ronald Reagan’s judgment a bottom line seems to be that the CWC Finally, it is my understanding that decade ago, we have made extraor- is most applicable to the countries of the CWC requires the United States to dinary progress. In 1985, President least concern to the United States. It begin destruction of our chemical Reagan signed into law a judgment may help us with Great Britain, but stockpile no later than 2 years after that would eliminate American stock- provide no protection regarding North the treaty enters into force. I simply piles by the year 2004, having an impor- Korea or Iraq. believe that is unreasonable and unat- tant impact on the ratification of this It is my understanding, that under tainable. treaty because, whether it is ratified or article XII of the treaty, members The Department of Defense has pub- not, no matter what judgments are caught violating treaty provisions are licly stated that the U.S. destruction made by this institution, the United simply threatened with a restriction or of its chemical weapons stockpile will States is going to eliminate chemical suspension of convention privileges. At continue regardless of whether we are a weapons. Second, the United States worst, a report will be sent to the U.N. signatory to such treaty. We have one then followed our own judgment by General Assembly and the U.N. Secu- such arsenal in Pine Bluff, AR. I be- leading the international effort with rity Council. Mr. President, how does a lieve it is unrealistic to expect that the 160 other nations to enact a multilat- report protect the American people? $12.4 billion cost in destroying those eral ban. It is the result of that process Madam President, with no predeter- chemical weapons will be achievable that is now before the Senate. mined sanctions in place to deter po- particularly given the environmental The process, it is important to note, tential violators, the CWC seems inef- concerns that exist. And I am being did not culminate with the Reagan ad- fective and unenforceable. contacted daily by those with environ- ministration. In 1992, President George April 23, 1997 CONGRESSIONAL RECORD — SENATE S3505 Bush announced a strong American four-star generals and every former The PRESIDING OFFICER. The Sen- support for the treaty and the United Chairman of the Joint Chiefs of Staff— ator’s time has expired. Who yields States became an original signatory. A in the Carter, Clinton, and Ford admin- time? year later, under President Clinton, istrations. Mr. HELMS. Madam President, I the United States once again an- I ask my colleagues who oppose this yield 10 minutes to the distinguished nounced its support. Today, we have treaty, would all these members of the Senator from Idaho, [Mr. CRAIG]. come full circle. From Ronald Reagan’s general staff, would each of these men The PRESIDING OFFICER. The Sen- first pronouncements, the treaty, now who have held the principal respon- ator from Idaho is recognized. endorsed by a Democratic President, sibility for guiding and leading our Mr. CRAIG. Madam President, thank seeks ratification under a majority Re- Armed Forces have endorsed this trea- you and let me thank my chairman, publican Congress. ty if there was any chance, if there was not only for yielding but for his leader- The Secretary of State said only a any judgment, that, indeed, our Armed ship on this most important issue that week ago: Forces would be less safe? now is being thoughtfully and responsibly debated here on the floor of the This treaty has ‘‘made in America’’ writ- The PRESIDING OFFICER. The Sen- U.S. Senate. ten all over it. It was Ronald Reagan’s idea, ator’s 7 minutes have expired. George Bush negotiated it and signed it, and Madam President, the Chemical Bill Clinton has embraced it. Mr. TORRICELLI. Thank you, Weapons Convention has such far- In truth, however, Madam President, Madam President. I ask the Senator reaching domestic and national secu- the treaty is neither Democratic nor from Delaware to yield 3 additional rity implications that it deserves the Republican. It reflects the bipartisan minutes. most thorough and thoughtful exam- commitments of the United States to- Mr. BIDEN. Without objection. ination the Senate can give it. I have ward our security, our values, and a The PRESIDING OFFICER. The Sen- given this matter a careful review and century of learning the lessons of col- ator may proceed. would like to reiterate some of the con- lective security because after 80 years Mr. TORRICELLI. Madam President, clusions I have reached. of living under the threats of chemical this is a moment of judgment that this If I thought supporting this treaty weapons, it is the judgment of this ad- Senate has faced before. History in- would make chemical weapons dis- ministration and those that preceded it structs us that we cannot afford to be appear, and give us all greater security that it is time to eliminate these weap- wrong. Over 75 years ago, this body from these heinous weapons, I would ons. chose the wrong route and the toll was not hesitate in giving my support. Un- The treaty does several direct and monumental. During consideration of fortunately, the facts do not dem- important things. It bans the develop- the treaty for the League of Nations, onstrate this; indeed, implementing ment, production, and stockpiling of the United States took the lead in this treaty may actually increase dan- chemical weapons. forming the principles of collective se- ger to U.S. citizens and troops. Second, it requires the destruction of curity. It was our leadership which The convention has been signed by all chemical weapons and their produc- brought the world to understand that 160 nations and ratified by only 74—less tion facilities. there was no separate peace, there was than 50 percent. Five countries who are Third, it provides the most extensive no individual security, and yet in that thought to have chemical weapons are verification process in the history of instance, as in this moment, the Unit- not even signatories of the convention: arms control. ed States, after providing the intellec- Egypt, Iraq, Libya, North Korea, and Finally, it grants member nations tual and the political leadership, was a Syria. Another six nations have signed, the effective tools for dealing with reluctant participant. The judgment but not ratified the convention: China, those who refuse to comply, tools that then, we were told, was that there were India, Iran, Pakistan, Israel, and Rus- will be denied the United States if we reservations because of individual pro- sia. In short, this convention is not fail to ratify the treaty. And yet many visions of the treaty. But, indeed, his- global in scale. of my colleagues have questioned the tory instructs us, and I believe would Even if it were true that this treaty need for the United States to become a guide us now, that those reservations had been signed and ratified by 160 na- member state. They note two principal tions, serious problems would remain. were not because of individual aspects objections. First, that the burden of re- Compliance with the Chemical Weap- of the treaty but because of a general porting requirements and verifications ons Convention cannot be assured be- ideologic opposition to arms control would be onerous on American indus- cause it is not effectively verifiable. and the general notion of collective se- try; and second, the impact on Amer- I think it is timely and appropriate curity. ican defense capabilities. to remember, as others have men- Allow me to deal with each. First, It is time for the United States, after tioned, the principles of Ronald the economic impact. In my State of all the painful lessons of previous gen- Reagan. Even though he started the New Jersey, the chemical industry rep- erations, to simply understand there is process that we are debating today, he resents fully one-third of the entire inno unilateral security in a multilateral would have insisted in the end, while dustrial capability of the State; 150,000 world. From Pearl Harbor to the Per- we might trust our allies and our citizens of the State of New Jersey are sian Gulf, history demands us to recog- friends around the world, that in every employed in this vital manufacturing nize an essential truth: American secu- circumstance we must verify. industry of chemicals. Let us be clear. rity, because of a changing world and Unlike nuclear weapons which re- The entire industry, from small compa- developing technology, requires and de- quire a large, specialized industrial nies to among the largest industries in mands that we deal with other nations. base, chemical weapons can be manu- the State of New Jersey, not only sup- The choice before this Senate is factured almost anywhere. Further- ports this treaty but has joined in de- clear. From the doughboys who en- more, many lethal chemicals are commanding its ratification. dured the horrors of mustard gas in the mon and have peaceful uses. Chemicals Second, on the question of American trenches of Europe, the Kurdish refu- help us to manufacture products such defense capabilities, it should be self- gees who suffered in Iraq, to the refu- as pesticides, pharmaceuticals, plas- evident that if the United States is gees of Cambodia who suffered yellow tics, and paints. With such a broad unilaterally forgoing these weapons rain, to our own veterans of the Per- spectrum of uses, it would be difficult and rogue nations continue to embrace sian Gulf, it is time to put an end to to discern the legitimate from the il- them, American military personnel chemical weapons. That power is in the licit. will be more vulnerable and, indeed, hands of the Senate. If we fail to do so, It is also very disturbing to me that endangered if the United States is not a host of rogue nations will take ad- ratification of this treaty would aban- a signatory, allowing us to help enforce vantage of the opportunity. don a fundamental arms control prin- the provisions of the treaty and deny Before this Senate on July 10, 1919, ciple insisted upon over the last 17 capability to rogue nations than if we Woodrow Wilson closed the debate say- years—that the United States must be are to remain on the outside. ing, ‘‘We are the only hope of mankind. able to effectively verify compliance That is why this treaty has been en- Dare we reject it and break the hearts with the terms of the treaty. Verifica- dorsed by General Powell, 17 other of the world.’’ tion has meant that U.S. intelligence is S3506 CONGRESSIONAL RECORD — SENATE April 23, 1997 able to detect a breach in an arms con- prohibited chemicals in free and open children killed during the 1980’s by the trol agreement in time to respond ap- countries which will accurately declare Iraqi government. Illegal? Yes, but still propriately and assure preservation of the location of chemical facilities. in use, nonetheless. our national security interests. I be- However, this situation will be much I stand today with all Americans ex- lieve the Senate has an obligation to different for rogue states that are a pressing a grave concern over the in- uphold this sound standard. Let me party to the convention. As arms con- creasing proliferation of chemical and take this opportunity to express my trol verification experts correctly biological weapons. The real question support for Senator HELMS’ condition point out, ‘‘We’ve never found anything here seems to be whether ratification in this regard. I applaud his effort to that’s been successfully hidden.’’ Let of the Chemical Weapons Convention make real verification a condition of me repeat that: ‘‘We’ve never found will increase our own national secu- CWC implementing legislation, if the anything that’s been successfully hid- rity. Unfortunately, the answer is no. treaty is ratified. den.’’ Will the unintended consequence There is little value in implementing Even if verification of compliance of the CWC be that villainous states international laws which do little to were not a concern, this convention will be more secure, and peaceful decrease illegal research, development, would be difficult to enforce. In a states less? and proliferation of chemical weapons sound arms control treaty, the United Furthermore, have all questions worldwide. States must be able to punish other raised in regards to the convention’s I support the goal of making the countries caught in violation of the compatibility with our constitution world safe from the threat of chemical agreement. The Chemical Weapons been sufficiently addressed? The Con- weapons. I applaud the honorable Convention provides only vague, un- vention creates an international mon- statement the CWC makes against these heinous weapons. However, I be- specified sanctions to be imposed on a itoring regime called the Organization lieve the best way to protect ourselves country found in breach of the Conven- for the Prohibition of Chemical Weap- from this threat is by rejecting this tion. Ultimately, the Chemical Weap- ons, or OPCW. The OPCW will be grant- treaty. The convention does nothing to ons convention leaves the U.N. Secu- ed the most extensive monitoring better our security, but may even open rity Council to impose penalties severe power of any arms control treaty ever the door to increasing risks against our enough to change behavior of an out- because it extends coverage to govern- vital security interests and infringing law nation. Since any one of the five mental and civilian facilities. on the rights of innocent citizens. For members of the Security Council can The authority of this international these reason, I am compelled to vote veto any enforcement resolution lodged monitoring regime also raises concern against the ratification of the Chemi- against them or their friends, China about foreign nationals having such cal Weapons Convention. and Russia, for example, could simply broad authority to obtain access to The PRESIDING OFFICER (Mr. veto resolutions imposing sanctions if property held by private U.S. citizens. FAIRCLOTH). Who yields time? they disagreed with other Security The U.S. chemical industry is known Mr. BIDEN. Mr. President, I yield Council members. In sum, it does not to be one of the top industries targeted myself 3 minutes and then I will yield appear that this agreement is verifi- for espionage by foreign companies and to the Senator from Ohio. able or enforceable. governments. There is legitimate The PRESIDING OFFICER. The Even if the enforcement mechanism worry that international inspections Chair recognizes the Senator from to punish violators of the treaty were could jeopardize confidential business Ohio. perfect, countries that represent the information, trade secrets, and other Mr. BIDEN. No, I yield myself 3 min- greatest threat to United States secu- proprietary data. Since the United utes and then I will yield to the Sen- rity such as Iran, Iraq, Libya, Syria, States will be expected to pay 25 per- ator from Ohio. and North Korea have not ratified the cent, or approximately $50 million, of The PRESIDING OFFICER. The treaty and would be under no obliga- the OPCW’s operating costs, American Chair recognizes the distinguished Sen- tion to comply with its terms and con- tax dollars could be subsidizing in- ator from Delaware. ditions. Furthermore, our intelligence creased risk for U.S. business interests. Mr. BIDEN. Mr. President, I found it experts tell us that each one of these There is also an implementation cost fascinating, the statement of my friend countries has active and aggressive that will be borne by private industry. from Idaho. He made a very compelling programs to develop and produce chem- The cost for each inspection has been case, from his perspective, as why we ical weapons. estimated as high as $500,000 for large cannot verify the treaty and therefore Iran has a stockpile of blister, chok- chemical companies, and a range of why we should be against the treaty— ing, and blood agents possibly exceed- $10,000 to $20,000 for small companies. because we cannot verify it. We cannot ing 2,000 tons. Their program is the Costs could become even higher if a verify it because, he says, we cannot largest in the Third World. Syria, shutdown is required for an inspection inspect sufficiently well. And that is why he is against the treaty. Then he which has been increasing production to safeguard proprietary information says one of the other reasons he is of chemical weapons since the 1980’s, is or company security. home to several radical terrorist orga- Another issue which has not been against the treaty is because the ver- nizations, including Hamas, the Pal- thoroughly discussed is how the costs ification regime is so intrusive that it estinian Islamic Jihad, and the Popular incurred with the inspections are to be will allow the opposition—allow rogue states to get access to information in Front for the Liberation of Palestine. paid. Estimates of the number of com- the chemical industry. Many worry that Syria could easily panies to be inspected in America vary So, if we correct one problem, which supply these organizations with chemi- from 140 firms to over 10,000 firms. is to make it more verifiable, then he cal weapons. North Korea has a stock- And even though we would pay the would argue he is against the treaty pile of nerve gas, blood agents, and lion’s share of the international mon- because it is verifiable. If you do not mustard gas. Additionally, North itoring regime’s budget, the United make it more verifiable, he said, he is States would have no special status Korea has the ability to unleash large against the treaty because it is not over other signatory nations, no veto scale chemical attacks through mor- verifiable. tars, artillery, multiple rocket launch- power, and no assurance of being a Mr. CRAIG. Will the Senator yield? ers, and Scud missiles. Currently, member of the executive council. Mr. BIDEN. Not on my time. I will be Libya has one chemical weapons pro- In conclusion, making the production delighted to yield on the time of the duction facility in operation, and a and possession of chemical weapons il- Senator, since I have limited time, on larger plant under construction. Iraq legal according to international law Senator HELMS’ time. has not only a substantial capability, will not make them disappear. Use of Mr. CRAIG. I yield myself 1 minute but has demonstrated a willingness to such weapons has been prohibited since off the time of Senator HELMS. use these weapons against their own 1925 yet we have seen the results of Mr. BIDEN. I will be happy to yield people. their use. We all know about the tens when I finish. It has been observed that under the of thousands of deaths from poison gas He also said the intelligence commu- CWC, members to the convention in World War I, and no one could forget nity says, ‘‘They have never found any- would face no difficulty looking for the tragic photographs of the Iranian thing that is successfully hidden.’’ April 23, 1997 CONGRESSIONAL RECORD — SENATE S3507 I do not know how many of you are tinue to do it and we ought to make text in which he talked about it—was golfers. That is like saying you cannot sure that our troops in the field have appropriate and that any country’s sink a putt if it is short. Obviously, a adequate equipment to be able to pro- stock in excess of 1 ton would likely be putt will not go in if it does not get to tect themselves. for offensive military purposes. the hole. Obviously, you cannot un- We must lead by example, but let’s So what he is saying—the 1 ton that cover something that is successfully not walk into or create the illusionary keeps being used—he is saying if you hidden. track that I think the CWC simply of- detect that there is more than a ton of The last point I would make is the fers to the world, and most assuredly chemical weapons out there, they are chemical industry, the outfit that rep- to this country. probably doing it not for peaceful pur- resents the bulk of the chemical indus- The PRESIDING OFFICER. Who poses, they are probably doing it to try has strongly endorsed this treaty. I yields time? gain some military advantage. But it am just responding to the last point Mr. BIDEN. Mr. President, I yield would take a lot more than 1 ton to that the chemical industry is the tar- myself as much time as I might take, have a major effect on a battle, a major get. The chemical industry, coinciden- and I am only going to take a few min- effect on our security. He said it would tally, is for this treaty. utes. take thousands of tons. But I would be happy, now, on Sen- Mr. President, the reason I mention Other people may think in this body ator HELMS’ time, to yield back to my the Chemical Manufacturers Associa- that 1 ton is militarily significant and friend from Idaho. tion is not that they should determine if you can’t effectively verify 1 ton Mr. HELMS. Yes, I yield 3 minutes to the foreign policy. My friend from then there is no verification in terms the Senator from Idaho. Idaho is saying that the target of this of our strategic interests. They may Mr. CRAIG. I thank the Senator for kind of espionage, or stealing secrets, think that, but that is not what the yielding. whatever, is going to be the chemical Joint Chiefs think. The 1-ton reference The PRESIDING OFFICER. The Sen- industry. All I am pointing out is, just was for the purpose of determining ator from Idaho. as they should not determine the for- whether or not a country was trying to Mr. CRAIG. Thank you, Mr. Chair- eign policy, I respectfully suggest my do more than use those chemicals for man, for yielding me time. I think it is friend from Idaho does not know any- peaceful purposes. He says, if you have very important that what I said be thing about their secrets. The chemical more than 1 ton, it is a pretty good what I said. Let me reiterate that it industry knows about their secrets, sign that these are bad guys and they would be impossible to verify with and they believe that this treaty fully are trying to do something worse, but rogue nations. We know in this country protects them in maintaining their se- they are nowhere near being militarily we will verify. Our chemical companies crets. That is the point I was making. significant in terms of U.S. security. will be an open door. We have always You know that play and movie that I see my friend. played by the rules of the treaties we is out, ‘‘Don’t Cry for Me Argentina,’’ Mr. HELMS. I think it is fair to let have signed and we have never inten- well, don’t worry about the chemical Senator CRAIG have another whack at tionally or purposely violated them. companies, they think they can take it, and I do wish the former Democratic That is not the point I was trying to care of themselves in terms of their se- Secretary of Defense can be quoted on make, and I think the Senator knows crets. this subject as well. As a matter of that. One last point. The Senator raised, as fact, the news media ignored him en- But, what we do know is that for others have raised, the 1 ton of weap- tirely. countries who choose not to play by ons and 2 tons that could be amassed, I yield the Senator 2 more minutes. international rules—and there are a et cetera. I want to point out what Mr. CRAIG. Mr. President, I thank good many out there—it would be dif- John Shalikashvili, Chairman of the my chairman for yielding, and I recog- ficult, if not impossible, for the inter- Joint Chiefs of Staff, said, and he is not nize and appreciate the patience of the national monitoring team to be able to quoted by the Senator from Idaho, but Senator from Ohio. I will be brief. verify compliance. I think that is the others. Everyone quotes John It is very important that it not be point. I have not even discussed, nor Shalikashvili as saying that 1 ton of suggested that all who are in favor did I bring up the point of concern, chemical weapons is militarily signifi- makes it so lopsided that there is no- that we would be releasing informa- cant and that we cannot effectively body in opposition. May I quote Donald tion. I am also concerned about espio- guarantee we could uncover 1 ton. Let Rumsfeld or James Schlesinger or, nage. And I did express that. So, it is me read what General Shalikashvili most important, Edward O’Malley, who important that that part of it be un- said: was the Assistant Director of the Fed- derstood. Our chemical companies, by A militarily significant quantity of chemi- eral Bureau of Investigation, chief of this treaty, would be an open door. cal weapons is situationally dependent. counterintelligence under Ronald Let me also say I do not believe there Thousands— Reagan. He speaks of many companies’ is a chemical company in this country Thousands— great concerns about both economic that is an expert in international af- of tons of chemical agent would be required and secret espionage and expresses his fairs. Nor do I want the executives of to significantly impact on a large scale en- opposition to it. these chemical companies negotiating gagement while a mere ton of agent could be Here are the names of 25 major CEO’s a treaty. Nor do I want them establish- effective as a weapon of terror. of chemical companies who stand ing the foreign policy of this country. I He went on to say: clearly in opposition to this treaty. Mr. believe that is the job of the Senator, In certain limited circumstances— President, I ask unanimous consent and it is mine, and the job of this body, I emphasize ‘‘in certain limited cir- that these ladies and gentlemen and and of the President of the United cumstances’’— their statements be printed in the States. even 1 ton of chemical agent may have a RECORD. I’m sorry, no matter what the chemi- military impact, for example, if chemical There being no objection, the mate- cal industry says, frankly, I don’t care. weapons are used as a weapon of terror rial was ordered to be printed in the What I do care about is the security of against an unprotected population in a re- RECORD, as follows: this country. What I do care about is gional conflict. AMERICA’S TOP FOREIGN POLICY, DEFENSE, our national sovereignty. And what I He went on to say further: AND ECONOMIC EXPERTS RAISE CONCERNS do care about is the issue of verifica- The United States should be resolute that OVER THE CWC’S IMPACT ON U.S. BUSINESS tion. I think this treaty simply does the 1-ton limit set by the convention will be Steve Forbes, President and CEO of Forbes not get us where we need to get for a our guide. Inc.: ‘‘....As I have strenuously argued on safer world. He did not mean, however, that 1 ton other occasions, maintaining America’s com- I must say, I am tremendously proud was an appropriate standard for what petitive edge requires a lessening of the tax and regulatory burdens on the American peo- and I have supported this country’s dis- constitutes effective verifiability. ple and on our Nation’s enterprises. Unfortu- arming itself of chemical and biologi- Rather, General Shali meant that the nately, the CWC will have precisely the op- cal weapons. I encourage us to do that. 1-ton limit in the CWC on agent stocks posite effect. It will burden up to 8,000 com- We have done it and we ought to con- for peaceful purposes—that is the con- panies across the United States. Remember, S3508 CONGRESSIONAL RECORD — SENATE April 23, 1997 these are in the hands of an international Agency: ‘‘. . . the opportunity for unfettered mainder inside of the equipment that is used bureaucracy, not what we would like them access to virtually every industrial facility for sample analysis on-site. to be, with major new reporting regulatory in this country, not merely the pharma- They found out that, indeed, there is resi- and inspection requirements entailing large ceutical and chemical plants, would make due remaining. And if the equipment were and uncompensated compliance costs. These most foreign intelligence organizations very taken off-site, off of the Lawrence Livermore added costs constitute an unfunded Federal happy, even gleeful. It is likely to cause the Laboratory site, or off of the site of a bio- mandate. Like so many mandates, they are counterintelligence sections of the FBI and technology firm, for example, and further bound to retard our economic growth and the Defense Investigative Service major analysis were done on those residues, you make our companies less competitive. problems for the foreseeable future. The in- would be able to get classified and/or propri- ...in addition to the costs arising from spection procedures which apply to ALL in- etary information.’’ heavy duty reporting, the CWC subjects our dustries constitute unprecedented access to ‘‘. . . . My bottom line is that the use of chemical companies to snap inspections that our manufacturing base, not just to those treaty inspections for espionage is easy, ef- will allow other nations access to our latest thought likely to be engaged in proscribed fective, and all but impossible to detect . . . chemical equipment and information. No activities! My experience in protecting pat- Hypothetically, an inspector could either be longer will violators of intellectual property ents and intellectual property over the past an intelligence official assigned to be an in- rights in China, Iran, and elsewhere, have to ten years leads me to conclude that there is spector or could later sell information to a go to the trouble of pirating our secrets... the potential for the loss of untold billions of company or country abroad that reveals ei- Some might even regard such burdens as a dollars in trade secrets which can be used to ther classified or CBI, confidential business barrier to entry that can enhance their mar- gain competitive advantage, to shorten R&D information, that they might have gleaned ket share at the expense of their smaller cycles, and a steal US market share.’’ through the process of gathering samples competitors.’’ Edward J. O’Malley, former Assistant Di- and analyzing them.’’ Donald Rumsfeld, former Secretary of De- rector of Federal Bureau of Investigation, Ralph S. Cunninghan, President and CEO fense and President and former Chairman Chief of Counterintelligence: ‘‘The activities of Citgo Petroleum Corporation: ‘‘CITGO be- and CEO of G.D. Searle and Company: ‘‘...Big of the former Soviet Union and others are as lieves that the requisite inspections associ- companies seem to get along fine with big aggressive as ever, and remain a major ated with the Treaty will, no doubt, jeopard- government. They get along with American threat. What is new, however, is the in- ize confidential business information as well government, they get along with foreign gov- creased importance given by them to the col- as disrupt normal business operations. ernments, they get along with international lection of American corporate proprietary We realize that the petroleum industry is not the specific target of this treaty. Never- organizations, and they have the ability, information. theless, it will be affected because of the ex- with all their Washington representatives, to .. . One of the greatest concerns of compa- tensive list of chemicals covered by the trea- deal effectively with bureaucracies... Indeed, nies . . . is that the CWC will open them up ty.’’ that capability on the part of the big compa- to economic espionage. I think their concerns are well-justified. . . . The acquisition William Arbitman, Associate General nies actually serves as a sort of barrier to Counsel for the Dial Corp: ‘‘We are not pre- entry to small and medium-sized companies of American trade secrets has become a high stakes business involving billions and bil- pared to receive a foreign inspection team to that lack that capability. So I do not sug- our facilities, and we would be greatly con- gest... for one minute that large American lions of dollars, and I would be able to pay an agent handsomely to acquire such informa- cerned that such a visit might compromise companies are not going to be able to cope our confidential business information.’’ tion’’ with the regulations. They will do it a whale Kevin Kearns, President of the U.S. Busi- Deborah Wince-Smith, former Assistant of a lot better than small and medium sized ness and Industrial Council: ‘‘On behalf of Secretary of Commerce for Technology Pol- companies... the 1,000 member companies of the United icy (in September 9, 1996, letter signed joint- I don’t believe that the thousands—what- States Business Industrial Council (USBIC), ly by Secretaries Weinberger, Rumsfeld, and ever the number is—of companies across this I strongly urge you to oppose ratification of others): ‘‘What the CWC will do, however, is country know about this treaty in any de- the Chemical Weapons Convention (CWC). tail, believe that the treaty would apply to quite troubling: It will create a massive new, . . . the CWC effectively authorizes indus- them, understand that they could be sub- UN-style international inspection bureauc- trial espionage. The CWC offers no protec- jected to inspections, appreciate the un- racy (which will help the total cost of this tions for company formulas and other trade funded mandates that would be imposed on treaty to U.S. taxpayers amount to as much secrets; they must be handed over if in- them in the event this were to pass.’’ as $200 million per year). It will jeopardize spected. Nothing would prevent other un- James Schlesinger, former Secretary of U.S. citizens constitutional rights by requir- scrupulous countries such as France and Defense and former Director of Central Intel- ing the government to permit searches with- China from placing intelligence officers on ligence: ‘‘The convention permits or encour- out either warrants or probable cause. It will the inspection team.’’ ages challenge inspections against any facil- impose a costly and complex regulatory bur- Larry Postelwait, President of the Crosby ity deemed capable of producing chemical den on U.S. industry. As many as 8,000 com- Group, Inc.: ‘‘I have several concerns regard- weapons—indeed, against any facility. This panies across the country may be subjected ing the access of our facilities to a foreign exposes American companies to a degree of to new reporting requirements entailing un- inspection team. The treaty, as written, industrial espionage never before encoun- compensated annual costs of between thou- gives them too much authority considering tered in this country. This implies the possi- sands to hundreds-of-thousands of dollars per they could interfere with our operations and bility of the capture of proprietary informa- year to comply. Most of these American affect production. It also makes us vulner- tion or national security information from companies have no idea they will be af- able to our global competitors since they American corporations by present or by pro- fected.’’ could benefit from interfering with our prospective commercial rivals. Bruce Merrifield, former Assistant Sec- duction and from gaining close insight into ...we are dealing with the possible indus- retary of Commerce for Technology: ‘‘I am our operations.’’ trial espionage in the United States, and quite concerned about the Chemical Weapons David M. Craig, Manager of Environmental that industrial espionage is going to be a Convention which, in its current form, would and Safety Compliance for the Detrex Cor- godsend—I repeat, a godsend—to foreign in- seriously diminish our U.S. competitive ad- poration: ‘‘Although reverse engineering of a telligence agencies and to the corporations vantage in the currently existing hyper-com- product (the process of determining the prod- which will feed on those foreign intelligence petitive global marketplace . . . industrial ucts’ composition or molecular structure) agencies.’’ espionage by countries that do not have an may be possible, many companies enjoy a Lieutenant General William Odom, former equivalent capability to make basic discov- competitive advantage in a market due to Director of the National Security Agency: eries, now accounts for the theft each year of the manufacturing process used. Process ‘‘Looking at the verification regime as a some $24 billion to perhaps over $100 billion ‘‘trade secrets’’ may include items as simple former official of the Intelligence Commu- of U.S. proprietary technology. The Chemi- as: the type of equipment used, manufactur- nity, I am disturbed by it, not just because it cal Weapons Convention would literally open ing parameters, or even who supplies a paris impossible to verify, but also because it the floodgates of access to U.S. technology ticular raw material. Allowing inspectors can complicate U.S. security problems. by foreign nations. Virtually unannounced full access to a company’s manufacturing Take, for example, the U.N.-like organiza- inspections by scientific experts, taking site and records could have a large impact on tion to be set up to make inspections. All of samples and inspecting invoices can quickly a company’s ability to compete in domestic the appointed members may have no foreign uncover the proprietary nature of any indus- and international trade.’’ intelligence links initially. As they find that trial operation, bypassing millions of dollars Tracy Hesp, Assistant to the Director of they can tramp around in all kinds of U.S. of research and many years of development Regulatory Affairs for Farnam Industries: production facilities, however, foreign intel- time that a U.S. company has expended to ‘‘First, the short-notice challenge inspec- ligence services are likely to offer to supple- create its competitive advantage.’’ tions that can be initiated by foreign states ment their wages for a little ‘‘technology Kathleen Bailey, Senior Fellow, Lawrence would be a burden physically and financially. collection’’ activity on the side. And they Livermore Laboratories, former Assistant We have confidential information concerning will provide truly sophisticated covert tech- Director for the Arms Control and Disar- formulations and manufacturing procedures nical means to facilitate such endeavors.’’ mament Agency ‘‘Experts in my laboratory that we need to protect.’’ Lieutenant General James Williams, recently conducted experiments to deter- Lesa McDonald, Environmental/Safety former Director of the Defense Intelligence mine whether or not there would be a re- Manager for the Gemini Company: ‘‘. . . April 23, 1997 CONGRESSIONAL RECORD — SENATE S3509 hosting such an inspection would be a seri- erally large chemical manufacturers, and re- meet the market. The reporting alone would ous hindrance to our business. It would be portedly more than 60 percent of the facili- require additional personnel, much less the very difficult to safeguard confidential busi- ties likely affected by the CWC are not CMA cost of potential inspection, interpreting the ness information during such an inspection. members. regulations, etc. We currently have 10% of We have serious reservations about the Large companies possess far greater re- our work force assigned to nothing but regu- ability of more legislation and further regu- sources and have accrued significant experi- latory functions, mostly environmental. At lation of U.S. industry to solve the chemical ence in dealing with regulators of all kinds. some point these non-profit producing efforts weapons problem. Further, since the coun- In fact, new regulatory burdens can per- will outweigh the value of keeping the busi- tries of Libya, Iraq, Syria and North Korea versely give large firms a competitive edge ness operating. refuse to sign this treaty, how will further over smaller companies due to these re- * * * There are months where the cost of reporting requirements, and inspection of source and experience factors. As economist compliance with this treaty would com- businesses such as ours prohibit the develop- Thomas Hopkins has shown, the per-em- pletely eliminate the profit for the month. ment of chemical weapons?’’ ployee cost of federal regulation runs almost You can explain to our employees how this is John Hobbs, Safety Coordinator for Crafco, 50 percent higher for firms with fewer than more important to the nation than them get- Inc.: ‘‘The potential for abuse, specifically 500 employees versus companies with more ting a paycheck, or having health coverage, the theft of trade secrets both formulations than 500 employees.’’ or having a retirement plan, or having a and process oriented is significant. Unan- Marvin Gallisdorfer, President of Lomac, profit sharing check.’’ nounced inspections are also costly in terms Inc.: ‘‘It is not possible to estimate the John Hohnholt, Vice-President of Valero of production disruption. A second concern amount of time that it will take to fill out Refining Company: ‘‘Valero is an independ- would be that the apparent goals of this the various CWC forms, but I can assure you ent refinery with limited staff resources treaty are enforceable in the United States that the total time will far exceed the 2–10 which are already overwhelmed with regu- under already existing statutes. Industry hour estimate found in Section 1.A. [of the latory compliance record keeping and re- sponsored terrorism in the form of chemical Draft Department of Commerce Regula- porting. This additional burden on our staff weapons manufacture is controllable without tions.]. The instructions alone will require a appears excessive and probably unintended external intervention. Finally, without the substantial commitment of time. After the for our industry.’’ Odus Hennessee, President and COO for assent of the states sponsoring terrorism data is gathered, it must be checked thor- Cosmetic Specialty Labs: ‘‘The ultimate re- this treaty really amounts to the good guys oughly to assure accuracy, because an hon- sult is to simply add unnecessary costs to policing the good guys and picking up what- est mistake can (and most assuredly will in the production of our products making it dif- ever they can in the process.’’ some cases) lead to a $50,000 fine. Even if, ficult if not impossible to sell our products J. Doug Pruitt, President of the Sundt Cor- however, we estimate a 20-hour commitment in our own market, much less to compete in poration: ‘‘Based upon the depth of inspec- per form, where can we find the 20 hours? the international marketplace.’’ tion, e.g. interviews with corporate person- Our staff is already employed full-time fill- nel, employees, vendors, subcontractors; re- ing out a host of forms and applications for THE THEFT OF TRADE SECRETS view of drawings, purchase orders, sub- the Michigan Department of Environmental Don Fuqua, President of the Aerospace In- contracts; inspection and review of internal Quality, the U.S. EPA, and other govern- dustries Association: ‘‘We are very con- and external correspondence; we feel that it ment agencies. I have enclosed, for your in- cerned, however, that the application of the could be difficult to safeguard confidential formation, copies of the reports that we are Convention’s reporting and inspection re- business information during this inspection. required to file annually. As you can see, gime to AIA member companies could unnec- This has to do not only with our internal this is quite a bit of paperwork—and we are essarily jeopardize our nation’s ability to corporate information but we would be con- a relatively small (150–200 employees) com- protect its national security information and cerned about information that we have pany. proprietary technological data.’’ signed a confidentiality agreement with our * * * I truly believe that this CWC will Rear Admiral Jim Carey, Chairman of 21st partners and/or customers.’’ cost American jobs without any benefit. The Century Coatings: ‘‘This communication is United States can be trusted to refrain from to urge you in the strongest possible terms U.S. COMPANIES ARE EXTREMELY WORRIED making chemical weapons, but I cannot be- to oppose the Chemical Weapons Convention ABOUT THE CWC—A MASSIVE NEW PAPERWORK lieve that certain other countries will abide on the grounds that it will cost my company BURDEN by the treaty. Because of the adverse impact an outrageous amount of money and subject S. Reed Morian, CEO of Dixie Chemical on Michigan’s chemical industry (with little us to intrusive international inspections Company, Inc. (a CMA-member company): or no off-setting benefit) I urge you to vote that we can ill afford. We make paint under ‘‘We would incur a significant increase in against ratification of the treaty.’’ trade-secret technology that with one coat data reporting under the CWC. . . . I’m cer- Edward Noble, Senior Corporate Environ- can stop all rust and corrosion for 50 years. tain we could not comply with the CWC mental Specialist for ISK Biosciences Cor- We have spent the last 6 months researching under our current budget. The CWC would poration: ‘‘In general, we believe that ban- construction of a new plant in Texas. The probably require an increase in headcount at ning chemical weapons is a laudable goal. CWC will bring that effort to a screeching our plant. . . . It would be of little benefit Since those countries most likely to insti- halt and instead we will look offshore. The for the U.S. to rigorously participate in the gate the use of chemical weapons are not CWC will not stop the world chemical weap- CWC, if ALL the nations of the world don’t among the signatories of the CWC, it would ons threat; it will only put people like us out also participate. seem that this convention creates a lot of of business.’’ Thank you again for allowing us this op- paper and does very little to gain the goal of Eduardo Beruff, President of SICPA Indus- portunity to comment on a treaty ratifica- eliminating chemical weapons.’’ tries of America, Inc.: ‘‘For the reasons out- tion that could impact us so greatly.’’ Paul Eisman, Vice President of Ultraform- lined below, we at SICPA Industries of Amer- Robert Roten, the President and CEO of Diamond Shamrock: ‘‘* * * our costs have ica, Inc. (‘‘SICPA’’) respectfully urge you to Sterling Chemicals (a CMA-member com- increased by an estimated $1 million per year reject this treaty. pany): ‘‘We are very concerned about control over the last couple of years just to meet . . . SICPA Industries of America, Inc. is and cooperation of other countries (Mexico, new regulatory paperwork demands. We are the foremost manufacturer of security inks Colombia, North Korea, Iran, Iraq, Jordan, incurring these costs, but should assume used in printing U.S. currency, and is a lead- Libya, Croatia, etc.). Since they probably that our customers are paying for these in er in developing new security ink tech- will not cooperate, how does this treaty as- the long run * * *. We cannot comply with nologies to protect the nation’s valuable doc- sure a ‘‘worldwide ban?’’ . . . We are familiar the requirements of this treaty with our cur- uments and proprietary products. . . . The with the Chemical Weapons Convention and rent staff and resources. We estimate addi- proposed Chemical Weapons Convention we understand our responsibilities (and li- tional costs of $250,000 annually to comply.’’ would impose new financial burdens on abilities) should this treaty become U.S. Jim Moon, President of Moon Chemical SICPA and similar companies in order to at- law. . . . We cannot comply within our cur- Products, Inc.: ‘‘The reporting requirements tain and maintain compliance. More impor- rent annual budget and personnel con- in this treaty are a burden for any company tantly, it could jeopardize the security of straints. Our best estimates is that this trea- not involved in weapons * * * We are manu- SICPA’s invaluable trade secret informa- ty will cost Sterling a minimum of $100,000 facturers of industrial, institutional, and ag- tion.’’ per year and should an inspection occur at ricultural products. Several years ago we S. Reed Morian, CEO of Dixie Chemical least another $200,000–$300,000 will possibly had to hire an outside consultant to make Company, Inc. (a CMA-member company): be required.’’ sure we meet government regulations for our ‘‘While the intent of the CWC is of the high- Raymond Keating, Chief Economist for the business, our employees, and our customers. est merit, the regulations appear to be very Small Business Survival Committee: ‘‘Of Please do not add another burden to our in- onerous requiring increased reporting and course, smaller businesses will be hit hardest dustry.’’ record keeping, foreign inspection of our fa- by these increased regulatory costs. Interest- Nick Carter, President of South Hampton cilities, and a significant challenge to our ingly, the Chemical Manufacturers Associa- Refining Company: ‘‘No, we could not com- ability to maintain Confidential Business In- tion (CMA) supports ratification of the CWC ply with this treaty within our current an- formation (CBI) . . . We are not prepared to and told the Senate Foreign Relations Com- nual budget and personnel. The reason we have a foreign inspection team in our plant. mittee that the new regulations would not are in business as a small refiner is that we I doubt that CBI could be safeguarded during be a burden. But the CMA is a group of gen- change the operation quickly and often to such an inspection.’’ S3510 CONGRESSIONAL RECORD — SENATE April 23, 1997 Ralph Johnson, Vice President of Environ- dinary access to files, data, equipment, etc. I yield back any time. mental Affairs of Dixie Chemical Company: A company might as well post its trade se- Mr. BIDEN. Mr. President, I yield 30 ‘‘. . . If we use EPA inspections as an exam- crets on the Internet. seconds to myself. I ask unanimous The challenging country would send along ple, these foreign Chemical Weapon Conven- consent that a statement of the Chemi- tion inspections could cost up to maybe an observer, and even though he wouldn’t be $50,000 per site. . . . These inspections would permitted beyond a specified perimeter, cal Manufacturers Association be be very costly and burdensome. The biggest there’s a lot he would be able to learn from printed in the RECORD, as well as the problem with these inspections, however, is that distance. In a mock inspection that the list of those companies supporting this . . . our highly probable loss of confidential U.S. carried out using the CWC’s proposed treaty. business information. An inspector observing rules, the ‘‘observer’’ was able to steal pro- There being no objection, the mate- one of our reactors would know, for the prod- prietary information simply by gathering rial was ordered to be printed in the soil and water samples from his spot on the uct being observed, our operating pressures, RECORD, as follows: temperatures, catalysts, reaction time, in- edge of the inspection site. CHEMICAL MANUFACTURERS gredients, purification methods, pollution Worse, there are no guarantees that the in- ASSOCIATION, abatement methods. We would no longer spectors themselves won’t moonlight as Arlington, VA, April 18, 1997. have any confidential technology, methodol- spies. Senator Helms raised this issue during Hon. JOSEPH R. BIDEN, ogy, or know-how relative to this product. It Madeleine Albright’s confirmation hearing U.S. Senate, Washington, DC. would be gone forever.’’ in January. He pointed to evidence that Chi- nese applicants for OPCW inspector jobs had DEAR SENATOR BIDEN: On April 24, the Sen- Mr. CRAIG. Mr. President, I also ask been ‘‘directed to volunteer’’ and that most ate will vote on whether to ratify the Chemi- unanimous consent that an editorial had ties to the People’s Liberation Army’s cal Weapons Convention (CWC). On behalf of from the Wall Street Journal that I chemical ‘‘defense’’ program. It’s not hard to nine organizations representing a broad spec- think speaks very openly to the con- imagine the damage an inspector-spy could trum of chemical producers, consumers, and cerns that many in the chemical indus- do. Reverse engineering is one threat, but professionals, I urge your strong support of try have as it relates to what they even something seemingly as simple as the this important treaty. type of equipment used in a manufacturing Opponents of the CWC contend that the would be required to do, which is open process could constitute a trade secret. treaty will have a catastrophic impact on their doors wide and embrace an inter- All this poses a danger to national secu- American business, including a burdensome national inspection team, be printed in rity. Kathleen Bailey of Lawrence Livermore regulatory system, intrusive on-site inspec- the RECORD. National Laboratory testified to that effect tions, and losses of proprietary information. There being no objection, the edi- before the Senate Foreign Relations Com- The facts, however, bear out our belief that torial was ordered to be printed in the mittee last year. She said ‘‘classified infor- the CWC is the right thing to do: mation can be obtained from sampling and RECORD, as follows: Less than 2,000 facilities nationwide will analysis during, and perhaps after, inspec- have any responsibilities under the CWC. Of [From the Wall Street Journal] tions under the Chemical Weapons Conven- these, ninety percent will have to do no more HERE COME THE SPIES tion. Furthermore, clandestine sampling than fill out a two-page report once a year. We’ve already made the case for why the would be virtually impossible to detect or to The chemical industry helped develop the Senate should reject the Chemical Weapons prevent.’’ In the defense area, stealth tech- procedures by which fewer than 200 facilities Convention. The last thing the world needs nology is particularly at risk; a challenge in- will be inspected. We then tested those provi- is another unverifiable arms control treaty. spection of a U.S. defense contractor could sions in a series of full-fledged trial inspec- The worst danger here is creating the illu- yield much on that score. tions at plant sites. We helped confirm that sion that we are ridding the world of the So far, the debate on the Chemical Weap- inspected companies have a role in determin- threat of chemical weapons. But there’s an- ons Convention hasn’t moved beyond Wash- ing how inspections will be conducted, and other danger: The treaty would be a bonanza ington to the boardroom. Only a few compa- the extent to which inspection teams access to countries that are in the business of spy- nies—Dial Soap and Citgo Petroleum among the facilities. ing on American business. them—have spoken out against the treaty. Industry representatives helped write the Worst hit would be the defense and aero- It’s perhaps understandable that most CEOs treaty provisions that safeguard confidential space industry—and hence national secu- would assume that a treaty on chemical business information. Chemical companies rity—but plenty of other industries would be weapons wouldn’t affect them. It does and worked closely with the Administration in subject to industrial espionage. There has they’d be wise to pay attention. drafting the CWC implementing legislation never been an arms control treaty whose CWC IS WATCHING that complements those safeguards. reach would extend so far into ordinary busi- From a May 14, 1996 list compiled by the The chemical industry has continued its ness, both through its reporting require- Arms Control and Disarmament Agency of efforts to further narrow the potential im- ments and its inspection regime. companies that would be subject to the pact of the Convention on commercial inter- The CWC covers not just companies that Chemical Weapons Convention: Archer Dan- ests. We successfully advocated a complete manufacture certain chemicals and discrete iels Midland Co., Armco Steel Co., Castrol, exemption for polymer and oligomer produc- organic chemicals, but also those that use Citgo Petroleum Corp., Colgate-Palmolive ers, which means that the plastics and tex- them to make something else—such as auto- Co., Dial Corp., General Motors Corp., Gil- tile industries are not subject to the Conven- mobiles, pharmaceuticals, electronics or lette Co., Goodyear Tire & Rubber Co., Jim tion. We helped push an exemption for petro- even liquor. The Arms Control and Disar- Beam Brands Co., Kaiser Aluminum, Lever leum refineries and explosives manufactur- mament Agency has drawn up a list of more Brothers Co., Maxwell House Coffee Co., ers. We have worked to develop reasonable, than 1,000 American companies that would Nutrasweet Co., Pfizer, Quaker Oats Co., low concentration limits that are commer- be subject to the treaty’s terms. Others say Raytheon Co, Safeway Stores; Sherwin Wil- cially practicable, yet provide the level of at least 6,000 companies would be affected. liams Co., Simpson Timber Co., Winn-Dixie verification necessary to assure that the The Chemical Manufacturers Association Stores, and Xerox Corp. CWC is not being violated. has been vocal in pooh-poohing the treaty’s Source: Senate Foreign Relations Commit- On April 17, the Senate passed Senator reporting and inspection requirements, tee. Kyl’s legislation, S. 495. Although Senator which may in fact not be much for the Mr. CRAIG. Mr. President, my point Kyl’s legislation would generally expand the CMA’s already highly regulated membership is simply this. There are reasonable legal basis for domestic action against chem- of fewer than 200 companies. But companies people on both sides of this issue who ical weapons proliferation, it is important that make such things as soap or tires or differ and are very loud about the con- that you know that S. 495 is not a substitute paint are going to find the paperwork alone cerns they have. The chemical industry for the Chemical Weapons Convention. an expensive new irritant. is not monolithic at all when it comes For example, S. 495 provides no mechanism Far more troublesome, however, is the to support for this. There are a sub- for multilateral agreement to prevent or treaty’s proposed inspection regime, to be prohibit the production, storage, develop- carried out by a new international bureauc- stantial number within it who are ex- ment or use of chemical weapons. It provides racy in the Hague called the Organization for tremely concerned that they may ex- no means for investigating potential diver- the Prohibition of Chemical Weapons. A bet- pose their companies to tremendous sions to illegal weapons uses. And it does not ter name might be the Organization for the economic risk and to the liability of remedy the trade impacts that will arise Promotion of Industrial Espionage. the loss of their secrets that relate to when the CWC’s trade ban goes into effect OPCW will conduct both routine inspec- the formulas for the production of three years from now. CMA estimates that tions and ‘‘challenge’’ inspections at the re- peaceful goods and services to our some $500 to $600 million in two way trade quest of member governments. Under the country. I think it is important that will be at risk if this ban goes into effect. terms of the treaty, it would be next to im- Moreover, S. 495 does nothing to prevent possible for the U.S. to halt a frivolous or that be said at this time and that the trade barriers being imposed by CWC Par- abusive inspection. A challenge inspection names and quotes of these ladies and ties, aimed at U.S. trade in chemicals. would take place with less than a day’s no- gentlemen become a part of the The chemical industry is America’s largest tice, and inspectors would have extraor- RECORD. exporter surpassing agriculture, aerospace, April 23, 1997 CONGRESSIONAL RECORD — SENATE S3511 computers, etc. It is the world leader in tech- President, Ashland Chemical Company; Mr. President, I rise to urge my col- nological development, research and innova- John R. Danzeisen, Chairman, ICI leagues to vote in favor of ratification tion. The industry works hard to maintain Americas Inc.; Earnest W. Deavenport, of the Chemical Weapons Convention that leadership. The industry has main- Jr., Chairman of the Board and CEO, with its 28 agreed conditions. tained a trade surplus for 68 consecutive Eastman Chemical Company. So far in this century, we have wit- years. You can be assured that the chemical R. Keith Elliott, Chairman, President & industry would not be silent if the CWC truly CEO, Hercules Incorporated; Darryl D. nessed the use of chemical weapons in jeopardized commercial interests. Fry, Chairman, President and CEO, Europe, in China and in the Middle For your further information, I have en- Cytec Industries Inc.; Michael C. East, and we have seen the absolutely closed a copy of an advertisement that ap- Harnetty, Division Vice President, 3M; revolting photographs of victims of peared in the April 14, 1997 issue of Roll Call. Richard A. Hazleton, Chairman & CEO, chemical weapons attacks at the Iraqi I have also enclosed a copy of a letter signed Dow Corning Corporation; Alan R. village of Halabja and the Tokyo sub- by members of CMA’s Board of Directors, re- Hirsig, President & CEO, ARCO Chemi- way. Some of us may have seen the fa- iterating their support for this important cal Company; Gerald L. Hoerig, Presi- mous photograph of the great violinist, agreement. dent, Syntex Chemicals, Inc.; Jack L. In short, Senator, we need your vote in Howe, Jr., President, Phillips Chemical Isaac Stern, performing in Israel while favor of the Chemical Weapons Convention. Company; Jon M. Huntsman, Jr., Vice wearing a gas mask during the Iraqi If you have any questions concerning the Chairman, Huntsman Corporation; occupation of Kuwait. Let there be no chemical industry’s support for the CWC, Donald M. James, President & CEO, doubt about it, these weapons do please call me or Claude Boudrias, Legisla- Vulcan Materials Company; Dale R. present a clear and present danger to tive Representative for Tax and Trade at Laurance, President and Sr. Operating our security and the security of our al- (703) 741–5915. Officer, Occidental Petroleum Corpora- Sincerely, lies around the world. They have not tion; Raymond W. LeBoeuf, President acquired the nickname, ‘‘poor man’s FREDERICK L. WEBBER, & CEO, PPG Industries, Inc.; James A. President and Chief Executive Officer. Mack, President & CEO, Cambrex Cor- nukes’’ for nothing. They are cheap to poration; Hans C. Noetzli, President & make, easy to conceal, and can have APRIL 15, 1997. CEO, Lonza, Inc.; Robert G. Potter, Ex- devastating effects. Hon. TRENT LOTT, ecutive Vice President, Monsanto Com- Since 1995, the Permanent Sub- Senate Majority Leader, U.S. Senate, pany; Arthur R. Sigel, President & committee on Investigations of the Washington, DC. CEO, Velsicol Chemical Corporation; Committee on Governmental Affairs DEAR SENATOR LOTT: We, the undersigned Enrique J. Sosa, Executive Vice Presi- members of the Chemical Manufacturers As- has held six hearings titled ‘‘Global dent-Chemicals Sector, Amoco Cor- Proliferation of Weapons of Mass De- sociation’s Board of Directors, are writing to poration; William Stavropoulos, Presi- ask you to support the Chemical Weapons dent & CEO, The Dow Chemical Cor- struction,’’ which documented in vivid Convention (CWC). poration; F. Quinn Stepan, Chairman & detail the gravity of the threat our We believe the Convention is a fair and ef- President, Stepan Company; S. Jay country faces from both chemical and fective international response to the inter- Stewart, Chairman & CEO, Morton biological weapons. The three commit- national threat of chemical weapons pro- International, Inc.; Robert O. Swanson, tee prints covering these hearings con- liferation. Ratifying the CWC is in the na- Executive Vice President, Mobil Cor- tain over 2,000 pages of relevant docu- tional interest. poration; Rudy van der Meer, Member, The CWC is a natural extension of existing mentation. While I was chairman of Board of Management, Akzo Nobel nv; U.S. policy. In 1985, Congress voted to end that committee, I chaired personally Jeroen van der Veer, President & CEO, production of chemical weapons by the mili- Shell Chemical Company; George A. four hearings on ‘‘Global Spread of tary and to begin destroying existing stock- Vincent, Chairman, President & CEO, Chemical and Biological Weapons.’’ In piles. The C.P. Hall Company; J. Virgil 1989, that produced another 746 pages of For years, the United States has imposed Waggoner, President & CEO, Sterling documentation on these threats and the world’s strongest controls on exports of Chemicals, Inc.; H. A. Wagner, Chair- weapons-making ingredients. Our nation is the various choices facing our country man & CEO, Air Products & Chemicals, the standard bearer in preventing the spread by way of responses. Inc.; Helge H. Wehmeier, President & of chemical weapons. Mr. President, today is not the day The CWC requires other nations to do what CEO, Bayer Corporation; Ronald H. for additional hand wringing over these the United States is already doing. That’s Yocum, President & CEO, Millennium nightmares. Today is the day finally to Petrochemical Company. why President Reagan proposed the treaty to do something truly constructive to al- the United Nations in 1984. It’s why Presi- Mr. BIDEN. Mr. President, just as my leviate these threats and stop the hand dent Bush signed the treaty in Paris in 1993. friend from Idaho knows a lot about wringing. In this case, constructive And it’s why President Clinton is asking the mining and knows a lot about potatoes means multilateral, since we are deal- Senate to ratify it. and knows a lot about apples, because ing here with a truly global threat, not The chemical industry has thoroughly ex- they are big issues in his State, I as- one susceptible to solution by unilat- amined the CWC. We have tested the treaty’s sure you, being a Senator from Dela- record-keeping and inspection provisions. eral U.S. legislation. For example, bills ware, if there was any genuine opposi- And we have concluded that the benefits of like S. 495, which passed a badly di- the CWC far outweigh the costs. tion from the chemical industry for this treaty, since most of those compa- vided Senate last week after virtually Ratifying the CWC is the right thing to do. no serious debate and without a single We urge you to vote for the Convention. nies are incorporated in my State and Sincerely, it makes up 56 percent of my State’s hearing, would, if enacted, impose yet Frederick L. Webber, President & CEO, economy, I assure you, I would hear another death penalty, while opening Chemical Manufacturers Association; about it. up several new loopholes for continued J. Lawrence Wilson, Chairman & CEO, Now, there may be some companies U.S. possession of both chemical and Rohm and Haas Company, Chairman, that do not like it, but I want to tell biological weapons. Fortunately, we Board of Directors, Chemical Manufac- you, to use the expression, there may have an alternative approach to con- turers Association; John E. Akitt, Ex- sider. ecutive Vice President, Exxon Chemi- be reasons why for this in the minds of my colleagues, but none of the big Today, we can vote on a resolution cal Company; Phillip D. Ashkettle, providing our advice and consent to President and CEO, Reichhold Chemi- boys, none of the outfits that do this as cals, Inc.; Bernard Azoulay, President a big business, none of the outfits with ratify a treaty that does not just ad- and CEO, Elf Atochem North America; multibillion-dollar operations, none of dress the problem of halting the pro- William G. Bares, Chairman and CEO, them, that I am aware of, are opposed liferation of these weapons, but a trea- The Lubrizol Corporation; Jerald A. to this treaty. They strongly support ty that will also set the world on a Blumberg, Executive Vice President, it. course finally to eliminate such weap- DuPont, Chairman, DuPont Europe; I yield 7 minutes to my friend from ons everywhere. Though we will not ob- Michael R. Boyce, CEO & President, Ohio. viously achieve these goals overnight Harris Chemical Group; Vincent A. The PRESIDING OFFICER. The simply by ratifying the CWC, we will Calarco, Chairman, President & CEO, Crompton & Knowles Corporation; Wil- Chair recognizes the distinguished Sen- be taking a crucial step toward achiev- liam R. Cook, Chairman, President and ator from Ohio. ing that ultimate goal. CEO, BetzDearborn Inc.; Albert J. Mr. GLENN. I thank the Chair, and I My argument, simply put, is that we Costello, Chairman, President & CEO, ask the Chair to please notify me when just cannot solve the global problems W.R. Grace & Co.; David J. D’Antoni, I have used 6 minutes. of the CWC destruction, proliferation, S3512 CONGRESSIONAL RECORD — SENATE April 23, 1997 terrorism and warfare by acting alone. tries. Second, it provides for a system such criticisms. I believe it is good to The international framework, machin- of on-site challenge inspections operat- hear the views of such critics, to listen ery, reporting procedures, and enforce- ing on the principle of managed access carefully to their interpretations of the ment and verification mechanisms of to ensure the protection of proprietary flaws of this treaty, to debate points on this treaty will complement and rein- information, constitutional rights, and which there is disagreement, and to force—not compete with, substitute for national security interests. These income to a decision on what is in the or compromise—our own national mili- spections will be conducted by the Or- long-term interest of our country. This tary, intelligence, and diplomatic ef- ganization for the Prohibition of Chem- is what the whole ratification process forts against the global CW threat. ical Weapons [OPCW]. This system of is all about. Though no treaty is per- The time has now come to put into verification has been worked out not fect and the CWC is no exception to place the international legal founda- just in consultation with industry, but this rule, by my reckoning the flaws in tion necessary to eliminate chemical with the strong and continuing support this treaty are not sufficient grounds weapons once and for all. I am proud to of industry. for the Senate not to proceed with ratification. be here on this historical occasion to NOTHING PERFECT speak on behalf of and to vote in favor I would now like to discuss briefly I believe that this system of verifica- some of the main criticisms of the of U.S. ratification of this treaty. tion—coupled with the increased trans- Mr. President, let me get into some treaty that I have encountered over parency of chemical transfers and ac- the many years this treaty has been highlights of the CWC. The CWC bans tivities at chemical facilities around the development, the production, awaiting a vote in the Senate. the world—will, when backed by robust No. 1. Lack of universality. It is true, stockpiling, use, and proliferation of national intelligence capabilities, build chemical weapons. It requires the de- not ever country is a party to this trea- a level of confidence in the world com- ty, nor is universal membership even a struction of existing weapons, chemical munity sufficient to ensure that the likelihood anytime soon. It may never agents, and CW production facilities. It treaty is being observed by its parties. be a universal agreement. There are breaks new ground with a system of EVEN IF IMPERFECT—BETTER THAN PRESENT several Arab countries, for example, verification that is the most extensive WITH NO RESTRICTIONS that will no doubt refuse to enter into in the history of weapons of mass de- This view is shared today by our binding CW disarmament agreements struction. until an agreement can also be reached On November 23, 1993—over 3 years military and intelligence officials. On concerning Israel’s nuclear capability. ago—President Clinton sent this treaty June 23, 1994, Gen. John Shalikashvili, Is this a sufficient cause to vote to the Senate for its advice and con- the Chairman of the Joint Chiefs of Staff, summarized this judgment quite against the treaty? Absolutely not. sent to ratification. Though the Senate I know of no multilateral disar- has proceeded very, very slowly with clearly when he testified that—‘‘From a military perspective, the Chemical mament agreement that is truly uni- the consideration of this treaty, the versal, if that term is defined to mean rest of the world seems prepared to go Weapons Convention is clearly in our national interest.’’ On August 11, 1994, that all countries on Earth are parties. forward with or without us. Over 160 True, the more countries that join the countries have now signed the treaty he specifically testified that—‘‘Because of the regime of declarations, which better. But opting for isolation hardly and 74 have already ratified it. So with seems to me to be a rational way for a or without U.S. ratification, the treaty then can be verified through routine inspection and challenge inspection, I country to pursue the goal of uni- will enter into force on April 29 of this versality. I cannot imagine anything year. At that point, world commerce in believe that the CWC can be effectively verified.’’ The treaty has also been sup- that would set back the goal of uni- chemicals and chemical equipment will versality of this treaty more than a de- begin to take place within a multilat- ported by former generals Colin Powell and Norman Schwarzkopf, among cision by the Senate of the United erally coordinated system that imposes States not to vote for ratification of real costs on nonparties to this conven- many other top military and intelligence officials. It has the full support this treaty, or to approve it with killer tion. It is one reason why I support this amendments. I believe this treaty will treaty. of the Joint Chiefs. the verification system, in short, rep- stand the test of time and will ap- There is a widespread consensus proach universality of membership as among the military, the intelligence resents an appropriate balance between the need for intrusiveness and the need confidence grows in its credibility as a and the defense experts inside our Gov- force for international peace and secu- ernment that this treaty will serve our to protect commercial secrets and national security information. As a rity. It will be a challenge for dip- national interest. This consensus is bi- lomats and national leaders of the 21st partisan. Indeed, the convention was whole, the treaty will serve U.S. national interests in a number of ways. It century to induce the hold-out coun- negotiated during the Reagan adminis- tries into the CWC regime. tration, signed by President George will reduce the risk that chemical weapons will be used against our coun- As for the treaty hold-outs specifi- Bush and sent to the Congress by Presi- cally in the Middle East—including try. It will potentially reduce—but of dent Clinton. Iraq, Libya, and some other Arab course not eliminate entirely—the risk Except with respect to nonparties, states that critics cite as a reason why of terrorism involving chemical weap- this treaty is completely nondiscrim- the United States should not join this ons. It will enhance the transparency inatory: It obligates its parties not to treaty—let us remember that no coun- of activities at chemical facilities develop or to possess chemical weap- try has a bigger stake in putting a halt around the world and thereby build ons, period. It does not divide the world to chemical weapon proliferation in confidence in CW disarmament. It will up into one set of countries that may that turbulent region than does Israel. serve U.S. interests in combating the have these weapons and another set And I think it is instructive that Israel proliferation of chemical weapons. And that may not. It works from a different has considered and chosen to ignore premise, one more closely aligned with it will, after the 10-year process of de- this particular criticism—it has signed its cousin, the Biological Weapons Con- stroying existing CW stockpiles, re- the treaty. vention—by outlawing such weapons move many serious environmental haz- No. 2. Verification problems. Now no- among the parties to the treaty, it will ards that faced citizens who live near body questions that verifying a global significantly strengthen international plants that produced or stored chemi- ban on possessing or manufacturing diplomatic efforts to make the prohibi- cal weapon agents. chemical weapons will be a difficult tion truly global. COMMON CRITICISMS undertaking, maybe even an impossible To ensure compliance, the treaty It is not surprising that any great one, if the test of success is the ability provides a verification system that op- achievement in the realm of disar- to detect the secret manufacture of a erates on two dimensions. First, it pro- mament would encounter criticism. I small number of such weapons. Nobody vides for routine monitoring of poten- am not going to claim that each and doubts the widespread availability of tially sensitive activities at declared every one of these criticisms is totally the dual-use materials and know-how chemical weapons sites, storage areas, unfounded. I am also not going to ques- needed to make and to deliver chemi- and relevant civilian chemical indus- tion the motives of those who make cal weapons. Nobody doubts that such April 23, 1997 CONGRESSIONAL RECORD — SENATE S3513 weapons can be manufactured in very port on the CWC, the difficulties of U.S. facilities should that be necessary. small facilities, some even as small as monitoring this treaty underscore the This annual financial contribution ap- some hearing rooms here in the Senate, importance of maintaining a highly ca- proximates the cost of a couple of F–16 as our intelligence officials have open- pable U.S. intelligence community. If aircraft. ly testified. we work hard toward the goal of uni- The Chemical Manufacturers Asso- In light of these basic facts of life versal membership in the CWC and ciation [CMA] has estimated that the about chemical weapons, the Report of maintain or increase the capabilities of cost to industry of complying with this the Senate Select Committee on Intel- our intelligence community, then the treaty is about ‘‘. .. one-onehundredth ligence on the ‘‘U.S. Capability to Mon- lingering questions about compliance of one percent of the cost of environ- itor Compliance with the Chemical and verification would only fade ac- mental reporting in the United Weapons Convention’’ (Rpt. 103–390) cordingly. I would not be at all sur- States.’’ CMA estimates that indus- identified several potential difficulties prised if Russia were to ratify this try’s total CWC reporting costs for 1997 in verifying this treaty. The commit- treaty very soon. would come to less than $250,000 and tee’s report, however, reads not as an It is useful to recall that the Russian will decline in subsequent years. CMA indictment of the treaty, but as a con- scientist who blew the whistle in 1991 has also estimated, however, that the vincing reminder of the need for Amer- and 1992 on illicit Russian chemical cost to industry of America not ratify- ica to maintain and upgrade its intel- weapons activities is now a firm sup- ing this treaty would be ‘‘hundreds of ligence capabilities to grapple with porter of the CWC as a means to com- millions of dollars’’ and thousands of such problems. I am concerned that bat just such activities. On November jobs. some of my colleagues and outside 1, 1995, Dr. Vil Mirzayanov testified as As for the claim by some critics that commentators have looked at these follows before the Permanent Sub- the treaty will place a heavy regu- challenges and simply concluded that committee on Investigations about the latory burden on industry, CMA reit is impossible to verify this, or indeed risk of theft of chemical agents in Rus- ports that in a recent field test it took any, CW disarmament treaty. sia: less than 2 hours for producers of the Though the treaty offers no absolute I am sure that the system of international broadcast category of materials—dis- guarantee against cheating at the level inspections provided for under the Chemical crete organic chemicals—to fill out the of relatively small-scale violations—it Weapons Convention will help address this appropriate reporting form. Some plant will leave us far more secure than we problem . . . These are very strong tools and managers have estimated that they would be without such a treaty. First, I hope that you will do your part to see that could complete this form in as little as the reporting and inspection provisions they are applied in Russia by pressing for the 15 minutes. In recent field tests involv- of the treaty will enhance the trans- Senate’s ratification of the Convention. ing materials that are more tightly parency of global flows of chemicals The fact that this statement came controlled, it took companies between and chemical production equipment—it from someone who is one of Russia’s 2–8 hours to complete the relevant pa- will also give us better information toughest critics on chemical weapons perwork. This does not seem to me to about how such chemicals are used issues will, I hope, inspire other treaty be an unduly burdensome procedure. after they leave international com- critics to reexamine their own views. We all know that the costs of de- merce. Second, the challenge inspec- No, this is not the time to badger the stroying CW agent material will of tion system will give the United States CWC’s verification system because it is course be considerable, particularly in a new means to check up on suspicious unable to guarantee perfect inter- countries like the United States and activities inside countries, including national compliance. I wish we had Russia which have tens of thousands of activities that may not even involve some domestic criminal laws that tons of this material. But U.S. law al- chemicals or chemical equipment that would guarantee perfect compliance. ready requires us to destroy these ma- entered international commerce. Today is a day to rejoice that the terials, whether or not we join the In short, we stand a much better CWC’s verification system will soon be CWC. chance of detecting, assessing, and mo- generating information that will be The costs of having to defend against bilizing collective international action useful to our national leaders in de- the use of such weapons—costs we have against potential CW-related activities tecting, characterizing, and defending to pay regardless of whether America by having a multilateral system of CW against chemical weapons threats. is a party to the CWC—will remain disarmament, than we would under the When I hear all these criticisms about considerable, though this expense will ‘‘go-it-alone’’ approach we would be the treaty’s verification system, I can decline as the world’s stockpiles of CW left with as a non-party to this treaty. only wonder—if these arguments are materials gradually diminish in ac- I think Maj. Gen. John Landry—tes- true, then why would Israel, which is cordance with the treaty. The treaty, tifying before the Armed Services Com- located in one of the most dangerous it should be noted, does not outlaw na- mittee as the National Intelligence Of- neighborhoods on Earth, and which has tional defenses against chemical weap- ficer for General Purpose Forces—accu- so much at stake, sign such a treaty? ons nor does it ban military retaliation rately summarized the view of the U.S. The answer is that the CWC serves Is- for CW users. intelligence community when he said rael’s national security interests for When it comes to measuring the true on August 11, 1994, that ‘‘we are better precisely the same reason it serves our costs of this treaty, there is an abso- off with the treaty than without it.’’ own national security interests. It de- lute way and a relative way to measure Former Defense Secretary Perry simi- serves the support of all nations, and these costs. The absolute approach larly observed on March 28, 1996, that the more support it has, the better the merely adds up the costs of implement- despite the inherent difficulties of de- verification system will become. Re- ing the treaty and considers such costs tecting illicit production of small maining outside the CWC is no way to in a vacuum. The relative approach quantities of chemical weapons, ‘‘we improve its verification system. compares these costs against various also recognize that that [detection ca- No. 3. Cost. Now with respect to cost, alternatives, such as costs we would pability] would be even more difficult nobody can possibly predict exactly have to pay in a world in which chemi- without a CWC.’’ what it will cost to implement this cal war remains a clear and present Let us keep in mind that when it treaty. The International Atomic En- danger, or a world with a CWC without comes to verifying international com- ergy Agency’s annual budget of about the United States as a party. pliance with arms control, disar- $200 million does not serve as a useful I think that any fair assessment mament, and nonproliferation treaties, indicator of the cost of implementing would need to compare the costs of im- America does not rely exclusively upon the CWC given the many different plementing the CWC against the costs the verification mechanisms in those functions of the respective treaty orga- of chemical war—preparing for one, treaties to judge compliance. Verifica- nizations, the IAEA and the OPCW. For fighting one, defending against one, de- tion is achieved by these mechanisms fiscal year 1998, the administration has terring one, and recuperating from one. operating alongside our own national requested $25 million for meeting our Now there is no way that the absolute intelligence capabilities. As I stated in CWC assessment and an additional $21 costs of implementing this treaty my additional views to the SSCI’s re- million for multilateral verification at would ever outweigh the devastating S3514 CONGRESSIONAL RECORD — SENATE April 23, 1997 costs of coping in a world armed to the only lines of attack that critics have munity, so will the likelihood of strong teeth with chemical weapons. I just do taken against the treaty in recent international action against countries not accept the argument that the costs years. that would actually use such weapons. of implementing this treaty are greater First, would the CWC require a new Sanctions against all forms of pro- than the benefits to our national secu- strategic nuclear doctrine that actu- liferation could always be strength- rity from membership. ally encourages the use of tactical nu- ened, and I would certainly hope that No. 4. Sovereignty and secrecy. clear weapons, given the unavailability this would be a high priority national Under the Constitution, the CWC will of a CW alternative? Not very likely, security goal of this and future admin- be a supreme law of the land. Iron- given that our military has unparal- istrations. But the lack of mandatory ically, some of the same critics of the leled conventional military options sanctions in this treaty should not be CWC who argue that the treaty is not that are available to respond to and to confused with any lack of teeth—it will verifiable because it is not intrusive deter any CW attack. In this respect, fall to the national diplomats, the enough, also argue that the treaty is critics who urge the retention of a CW leaders, and ultimately the people of too intrusive insofar as it allegedly arsenal underestimate the power of our the states that are CWC parties to jeopardizes the U.S. constitutional conventional military capabilities and sharpen this treaty’s teeth. Though rights. These questions have already overestimate both the value and likeli- teething pains can be expected in the been examined closely by the Congress, hood of the use of tactical nuclear years ahead, sharper teeth will come. as well they should, and most Members weapons. Typically, such critics also Fourth, and most recently, critics would agree that these arguments have tend to ignore the impact of making have pointed to trade and cooperation been overdrawn. such nuclear threats upon our global provisions in the treaty as evidence of The main problem with this criticism nuclear nonproliferation policy. an alleged obligation to provide chemi- is that it ignores the many safeguards Second, it is true that the parties to cals and chemical equipment that will that exist in the treaty to protect sov- the CWC are nation states, not help treaty cheaters to make chemical ereign rights. First and most fun- nonstate entities such as terrorist weapons. Frankly, this argument is damentally, there is the right of with- groups that may seek to acquire such hogwash. The very first article of this drawal from the treaty on 90-days’ no- weapons. Though the treaty offers no treaty obligates its parties ‘‘* * * never tice. Second, the treaty’s inspection guarantee against CW terrorism, the under any circumstances * * * to as- system is far from a ‘‘no-notice’’ sys- treaty’s transparency provisions will sist, encourage or induce, in any way, tem—it prescribes a series of time- at least operate to make it more dif- anyone’’ to acquire chemical weapons. tables which allow a state party time ficult for terrorists to acquire equip- Given this obligation—and given the to prepare a site for inspection. The in- ment or materials for use in making treaty’s inspection system and na- spection itself is limited in time. such weapons and that in itself is a tional intelligence capabilities to back As the Department of State put it in positive feature of the treaty. In par- it up—the only appropriate response to its letter transmitting the treaty to ticular, it will make it much more dif- the accusation that the treaty will en- the President, ‘‘The inspected State ficult for terrorists to engage in large- courage peaceful trade and scientific Party has the final say in determining scale production of chemical weapons exchanges is, so what? the extent and nature of access within without detection. Since the CWC has The administration has been more the challenged site.’’ That is from the never been intended to serve as a sub- than reasonable in accommodating the letter of November 20, 1993. This gets at stitute for national efforts against sub- concerns of the critics. The fact that the whole notion of ‘‘managed access,’’ national terrorism, I find this whole agreement was reached on 28 condi- which lies at the heart of the CWC in- argument that the treaty is weak on tions hardly suggests a posture of spections system. Under this approach, terrorism to be a red herring. stonewalling by anybody. But I cannot the State Department letter continued, I find it quite interesting that support any of the five additional con- ‘‘the inspected State Party may give Japan—which was the victim of a re- ditions that have been offered concern- only individual inspectors access to cent chemical weapons attack by ter- ing Russian chemical weapons activi- certain parts of the inspection site, rorists—has already ratified the CWC. ties, requiring terrorist states to join may shroud sensitive pieces of equip- In fact, Japan’s Diet ratified the CWC the CWC before we do, asserting a uni- ment, such as computer or electronic within a month of the Sarin gas attack lateral U.S. right to bar certain inspec- systems, and it may restrict sampling in the Tokyo subway. Though the trea- tors from certain countries, requiring and sample analysis.’’ Indeed, it is ty may not have been able to guaran- the United States to seek the renegoti- highly improbable that the U.S. chemi- tee that this specific attack would not ation of key provisions of the treaty on cal industry would have been such occur, Japan’s leaders have obviously certain trade and CW defense issues, strong and chronic supporters of the concluded that their country would and adopting a verification standard CWC if this industry had concluded still be better off with this treaty than based on a concept of military signifi- that the treaty would harm the com- without it. So would our country. cance that is both inappropriate and petitiveness of U.S. industry or jeop- Third, critics have argued that the unworkable. To the limited extent that ardize company secrets. treaty lacks teeth. In fact, the CWC these final conditions touch upon le- Aside from industry, I can imagine does not repeal the fundamental prin- gitimate concerns, let us address these that the scientific community should ciple of national sovereignty that has concerns inside the tent of the CWC, be quite well informed about the mer- dominated world affairs for over 300 not by howling in the wilderness out- its of this treaty, especially its alleged years. The treaty does not intend for side that tent. intrusiveness. Mr. President, I ask the OPCW to perform as a police force CONCLUSION unanimous consent to have printed at in a world state. Though the treaty Mr. President, I would like to con- the end of my remarks a list of 151 provides procedures for mobilizing clude my remarks on a personal note. I members of the National Academy of international action against treaty have come a long way when it comes to Scientists who are chemists or bio- violators, sanctions must still be im- the issue of CW disarmament. On May chemists and who support this treaty, plemented by individual state parties 21, 1985, I joined with three of my Sen- and another list, compiled by the Fed- to the treaty. ate colleague to argue in an Op-Ed in eration of American Scientists, of 45 Nonparties to the treaty, however, the Washington Post in favor of mod- Nobel laureates who also endorse this will feel the teeth of this treaty. They ernizing America’s chemical weapons treaty. No doubt about it, American will have a harder time participating arsenal. At the time, there was scant support for this treaty is both broad in the world market for chemicals and prospect of a Chemical Weapons Con- and deep. chemical equipment. The few remain- vention. The Soviet Union was sitting The PRESIDING OFFICER. Without ing CW states will in time feel the in- on a huge CW arsenal and was threat- objection it is so ordered. evitable political pressures that come ening United States interests around (See exhibits 1 and 2.) with the possession of internationally the world. And our old so-called uni- Mr. GLENN. Mr. President, No. 5. outlawed weaponry. And as the taboo tary chemical weapons were at best a Other Criticisms. These are not the on possession settles in the world com- national embarrassment, at worst an April 23, 1997 CONGRESSIONAL RECORD — SENATE S3515 actual danger to American citizens and mittee on Foreign Relations, the Committee Martin Karplus. our own troops. I favored the safer bi- on Armed Services and the Select Commit- Joseph J. Katz. tee on Intelligence. The Secretaries of State Walter Kauzmann. nary weapons—safer for our own troops Sung-Hou Kim. if they ever had to use them. and Defense, the Chairman of the Joint Chiefs, the Director of Central Intelligence James L. Kinsey. William Klemperer. But times have changed. The Soviet and the representatives of the Chemical Union has ceased to exist and there is Judith P. Klinman. Manufacturers Association have all testified Irving M. Klotz. significant support inside the Russian strongly in favor of ratification. More than Edward D. Korn. Government to follow through with 65 countries, including all of our major al- Roger Kornberg. Russia’s obligations under the CWC, lies, have ratified. Daniel E. Koshland, Jr. support which America has every rea- If the Senate fails even to vote on the Henry Lardy. CWC, after three administrations have been Robert Lehman. son to encourage in any way it can. Nelson J. Leonard. Yes, there still are countries in the its leading architects and proponents, the United States will have surrendered by de- Robert L. Letsinger. Stephen J. Lippard. world today that have chemical weap- fault its essential leadership in combating ons. There still is a terrorist threat in- William N. Lipscomb.1 the proliferation of chemical weapons. F.W. McLafferty. volving such weapons. There is still a Respectfully, Jerrold Meinwald. CW proliferation threat. Russia, Julius Adler. Matthew Meselson. though it will hardly be alone in this Robert A. Alberty. Thomas J. Meyer. respect, will no doubt still seek to com- Sidney Altman.1 Josef Michl. pete with us in many arenas of world Fred C. Anson. William H. Miller. W. O. Baker. Kurt Mislow. affairs. And many of those old 1 John D. Baldeschwieler. Mario J. Molina. unitaries are still sitting around like Robert L. Baldwin. C. Bradley Moore. Manuel F. Morales. rusting relics of a by-gone age. Allen J. Bard. Yet the world today is closer than Howard A. Nash. Neil Bartlett. Daniel Nathans.1 ever to outlawing one of the most dan- Helmut Beinert. Elizabeth F. Neufeld. gerous weapons that mankind has Howard C. Berg. Marshall Nirenberg.1 every devised. As a U.S. Senator for R. Stephen Berry. Harry F. Noller. over 20 years now, I have at times en- Richard Bersohn. Leslie E. Orgel. Jerome A. Berson. Mary J. Osborn. countered some of my colleagues who Klaus Biemann. Norman R. Pace. were simply unprepared to reconsider Jacob Bigeleisen. Charles S. Parmenter. policy positions that they took in con- Virgil Boekelheide. Robert G. Parr. George W. Parshall. siderably different times and cir- Jan L. Breslow. Ralph G. Pearson. cumstances. I am determined not to Leo Brewer. Gregory A. Petsko. follow that practice. Herbert C. Brown.1 Kenneth S. Pitzer. Mr. GLENN. In partial answer to Giulio L. Cantoni. Charles M. Radding. John A. Carbon. Senator KYL’s comments on export Julius Rebek. Herbert E. Carter. Lester J. Reed. controls, I ask unanimous consent that Charles P. Casey. Howard Reiss. this release by the Australia Group, Thomas R. Cech.1 Stuart A. Rice. which deals with export controls, be David Chandler. Frederic M. Richards. printed at the end of my remarks. Carolyn Cohen. Irwin A. Rose. The PRESIDING OFFICER. Without Mildred Cohn. F. Sherwood Rowland.1 Robert E. Connick. William J. Rutter. objection, it is so ordered. Lewis H. Sarett. John D. Corbett. (See exhibit 3.) Robert T. Sauer. Mr. GLENN. Mr. President, the only Stanley J. Cristol. Howard K. Schachman. other thing I would add is that I have James E. Dahlberg. Peter G. Schultz. Samuel Danishefsky. 1 examined this treaty and listened to Glenn T. Seaborg. Earl W. Davie. K. Barry Sharpless. arguments both pro and con. I am con- David R. Davies. Robert G. Shulman. vinced the time has finally arrived to Peter B. Dervan. Maxine F. Singer. move the campaign to eliminate chem- William Doering. Robert L. Sinsheimer. ical weapons into high gear. The CWC Paul Doty. Emil L. Smith. Harry G. Drickhamer. David B. Sprinson. certainly offers no panacea to all risks George R. Stark. concerning their proliferation or use of James L. Dye. Isidore S. Edelman. Donald F. Steiner. Joan A. Steitz. chemical weapons. It does, however, Mary P. Edmonds. represent a substantial step along the Thomas A. Steitz. David Eisenberg. Walter H. Stockmayer. way to alleviating these risks and, Mostafa A. El-Sayed. Gilbert Stork. therefore, deserves the full support of Ernest L. Eliel. Jack L. Strominger. the Senate and the people of the United David A. Evans. Julian M. Sturtevant. States. I urge all my colleagues to vote John D. Ferry Dean Stanley Tarbell. 1 1 for ratification. Edmond H. Fischer. Henry Taube. Marshall Fixman. H.E. Umbarger. I thank the Chair. Marye Anne Fox. Peter H. von Hippel. EXHIBIT 1 Josef Fried. Salih J. Wakil. FEBRUARY 24, 1997. Carl Frieden. Frederick T. Wall. Cheves Walling. Hon. TRENT LOTT, Gerhart Friedlander. Joseph S. Fruton. James C. Wang. 487 Russell Senate Office Building, Gregorio Weber. Washington, DC. Marshall Gates. Samuel I. Weissman. DEAR SENATOR LOTT: We, the undersigned E. Peter Geiduschek. Frank Westheimer. scientists, urge you to work as a matter of Martin Gellert. Ralph S. Wolfe. national urgency to bring the Chemical Walter Gilbert.1 (All signatories are members of the United Weapons Convention to a vote in the Senate Roy G. Gordon. States National Academy of Sciences in the before April 29 of this year. That is the date Robert H. Grubbs. field of Chemistry or biochemistry) when the Convention will automatically Lowell P. Hager. EXHIBIT 2 enter into force, with or without the United George S. Hammond. NOBEL LAUREATES URGES SENATORS TO States. Dudley Herschbach.1 RATIFY THE CHEMICAL WEAPONS CONVENTION Negotiated by the administrations of George P. Hess. Presidents Reagan and Bush, and signed by Robert L. Hill. MARCH 11, 1997. the United States under President Bush in Mahlon Hoagland. The Federation of American Scientists January 1993, the Convention was formally Bernard L. Horecker. (FAS) has sent a letter to US Senators urg- submitted to the Senate for its advice and Donald F. Hornig. ing the Senate to ratify the Chemical Weap- consent to ratification by President Clinton William P. Jencks. ons Convention without delay. Support for in November 1993. Since then it has been the Harold Johnston. subject of thirteen hearings before the Com- Isabella L. Karle. 1 Nobel Laureate. S3516 CONGRESSIONAL RECORD — SENATE April 23, 1997 the letter’s goal of prompt ratification came ing in the establishment of operating proce- verifying compliance with BTWC obliga- from 45 Nobel prize winners who specifically dures. At the same time, as signatories we tions. confirmed their desire for CWC ratification. will be obligated to abide by the treaty’s pro- Experts from participating countries dis- The letter, signed by FAS Chairman, and hibitions. cussed national export licensing systems former Deputy National Security Adviser to Since the treaty was opened for signature aimed at preventing inadvertent assistance the President, Carl Kaysen, reminds Sen- in 1993, the United States and 166 other coun- to the production of CBW. They confirmed ators of the importance of U.S. ratification. tries have signed it. Further, 67 countries, that participants administered export con- The treaty requires ‘‘total elimination of including all the major NATO allies, have trols in a streamlined and effective manner chemical weapons stocks, prohibits chemical deposited their instruments of ratifications, which allows trade and the exchange of tech- weapons-related activities, bans assistance as have all other G–7 members. nology for peaceful purposes to flourish. for such activities, and bars trade with non- In order to draw the attention of the Sen- They agreed to continue working to focus parties in certain relevant chemicals.’’ ate to the importance of this issue, the Fed- these national measures efficiently and sole- In ratifying the treaty, the U.S. would join eration of American Scientists has secured ly on preventing any contribution to chemi- 70 countries—including all major NATO al- the specific endorsement of 45 Nobel Prize cal and biological weapons programs. Par- lies and all other G–7 members—who have al- winners to the ratification of the Chemical ticipants noted that the value of these meas- ready ratified it. Weapons Convention, and records their ures in inhibiting CBW proliferation bene- The Federation of American Scientists is a names below. fited not only the countries participating in national organization of scientists and engi- Yours sincerely, the Australia Group, but the whole inter- neers concerned with issues of science and CARL KAYSEN, national community. global security. Chairman, FAS. Participants also agreed to continue a wide I urge the U.S. Senate to ratify the Chemi- range of contacts, including a further pro- FEDERATION OF AMERICAN SCIENTISTS, cal Weapons Convention without delay. gram of briefings for countries not partici- Washington, DC, March 7, 1997. Signed by: Sidney Altman, Philip W. An- pating in the Paris consultations to further Hon. TRENT LOTT, derson, Kenneth J. Arrow, Julius Axelrod, awareness and understanding of national U.S. Senate, David Baltimore, Helmut Beinert, Konrad policies in this area. Participants endorsed Washington, DC. Bloch, Baruch S. Blumberg, Herbert C. in this context the importance of regional DEAR SENATOR LOTT: The Chemical Weap- Brown, Stanley Cohen, Leon N. Cooper, seminars as valuable means of widening con- ons Convention (CWC) will enter into force Johann Deisenhofer, Renato Dulbecco, Ger- tacts with other countries on these issues. In on April 29, 1997, following its ratification by trude B. Elion, and Val L. Fitch. particular, Romania’s plans to host a semi- the 65th signatory nation in November, 1996. Walter Gilbert, Dudley R. Herschbach, nar on CBW export controls for Central and It has not yet been ratified by the United David Hubel, Jerome Karle, Arthur Eastern European countries and the Com- States. Kornberg, Edwin G. Krebs, Joshua monwealth of Independent States in Bucha- This treaty bans an entire class of weapons Lederberg, Leon Lederman, Wassily W. rest on Oct. 21–22 and Japan’s plans to host of mass destruction. It is a nonproliferation Leontief, Edward B. Lewis, William N. a fourth Asian Export Control Seminar in treaty that requires total elimination of Lipscomb, Mario J. Molina, Joseph E. Mur- Tokyo in early 1997 were warmly welcomed chemical weapons stocks, prohibits chemical ray, Daniel Nathans, Arno A. Penzias, and by participants. Argentina will also host a weapons-related activities, bans assistance Norman F. Ramsey. regional seminar on non-proliferation mat- for such activities, and bars trade with non- Burton Richter, Richard J. Roberts, Mar- ters, in Buenos Aires, in the first week of De- parties in certain relevant chemicals. This tin Rodbell, F. Sherwood Rowland, Glenn T. cember 1996. France will organize a seminar treaty denies us no option we would other- Seaborg, Herbert A. Simon, Phillip A. Sharp, for French-speaking countries on the imple- wise wish to exercise, for the United States R.E. Smalley, Robert M. Solow, Jack mentation of the CWC. This will take place has already renounced chemical weapons and Steinberger, Henry Taube, James Tobin, shortly before entry into force of the Con- is in the process of destroying them. The Charles H. Townes, and Eric Weischaus. vention. CWC is a critical instrument for The meeting also discussed relevant as- EXHIBIT 3 universalizing this policy and preventing the pects of terrorist interest in CBW and agreed further spread of chemical weapons. AUSTRALIA GROUP MEETING that this serious issue requires continuing With no military interest in chemical Australia Group participants held informal attention. weapons, the United States can only gain by consultations in Paris between Oct. 14–17, to Participants agreed to hold further con- ratifying the treaty, regardless of its level of discuss the continuing problem of chemical sultations in October 1997. verification. US accession is necessary to and biological weapons (CBW) proliferation. give the CWC the force of an international Participants at these talks were Argentina, AUSTRALIA GROUP COUNTRIES WELCOME PRO- norm against the possession of chemical Australia, Austria, Belgium, Canada, the SPECTIVE ENTRY INTO FORCE OF THE CHEMI- weapons. That norm alone would be power- Czech Republic, Denmark, the European CAL WEAPONS CONVENTION ful, providing a basis for joint action to en- Commission, Finland, France, Germany, The countries participating in the Aus- force compliance. Greece, Hungary, Iceland, Ireland, Italy, tralia Group warmly welcomed the expected But, in addition, the CWC provides new Japan, Luxembourg, Netherlands, New Zea- entry into force of the Chemical Weapons tools for deterring and detecting chemical land, Norway, Poland, Portugal, Romania, Convention (CWC) during a meeting of the weapons proliferation. The value of its provi- Slovak Republic, Spain, Sweden, Switzer- Group in Paris in October 1996. They noted sions will grow with time, as the treaty’s in- land, United Kingdom and the United States, that the long awaited commencement of the centives work to increase the number of ad- with the Republic of Korea taking part for CWC regime, including the establishment of herents. The declaration and inspection re- the first time. the Organization for the Prohibition of quirements will improve our knowledge of Participants maintain a strong belief that Chemical Weapons, will be an historic water- possible proliferation activities, whether full adherence to the Chemical Weapons Con- shed in global efforts to abolish chemical conducted by nations or terrorists. Access to vention (CWC) and to the Biological and weapons for all time. They also noted that declared and undeclared sites will make Toxin Weapons Convention (BTWC) will be all states adhering to the CWC are obliged to clandestine operations more difficult, risky the best way to eliminate these types of par- ensure their national activities support the and expensive; participating states will have ticularly inhumane weapons from the goal of a world free of chemical weapons. the right to demand short-notice inspections world’s arsenals. In this context, the mainte- All of the participating countries reiter- of sites in other States Parties. The CWC’s nance of effective export controls will re- ated their previous statements underlining provisions constitute the most rigorous ver- main an essential practical means of fulfill- their intention to be among the original ification regime ever negotiated. At the ing obligations under the CWC and the States Parties to the CWC. They noted that same time, the treaty and the proposed US BTWC. 24 of the 30 countries participating in the implementing legislation explicitly protect All participants at the meeting welcomed Australia Group have already ratified the Constitutional rights and confidential and the expected entry into force of the CWC, Convention. Representatives also recalled proprietary information. noting that this long-awaited step will be an their previous expressions of support for the During negotiation of the treaty, senior of- important, historic moment in international CWC, and reaffirmed these commitments. ficials of the U.S. Chemical Manufacturers efforts to prohibit chemical weapons. Par- They restated their view that the effective Association participated at the side of U.S. ticipants agreed to issue a separate state- operation and implementation of the CWC Government negotiators, and the chemical ment on this matter, which is attached. offers the best means available to the inter- industry has consistently and publicly advo- Participants also welcomed the progress of national community to rid the world of these cated ratification of the CWC. Now, if the efforts to strengthen the BTWC in the nego- weapons for all time. They called on all sig- treaty comes into force without U.S. ratifi- tiations taking place in the Ad Hoc Group of natories to ratify the CWC as soon as pos- cation, its constraints on the chemical ex- BTWC States Parties in Geneva. All Aus- sible, and on the small number of countries ports of non-parties will penalize the U.S. tralia Group participating countries are also which have not signed the Treaty to join the chemical industry. Should the Senate not States Parties to this Treaty, and strongly regime and thereby contribute to inter- ratify the Convention, the U.S. Government support efforts to develop internationally- national efforts to ban these weapons. would also be excluded from a seat on the agreed procedures for strengthening inter- Representatives at the Australia Group CWC’s governing body, and from participat- national confidence in the treaty regime by meeting recalled that all of the participating April 23, 1997 CONGRESSIONAL RECORD — SENATE S3517 countries are taking steps at the national mires recognize that this treaty has a ter- Unverifiable, unenforceable accords do not level to ensure that relevant national regula- rible flaw: Its ‘‘Atoms for Peace’’ provision promote valuable ‘‘international norms’’ any tions promote the object and purpose of the which permits the sharing of nuclear weap- more than unverifiable, unenforceable do- CWC and are fully consistent with the Con- ons-relevant technology with countries that mestic statues like Prohibition lead to a vention’s provisions when the CWC enters promise not to apply it to that end. One sober and law-abiding society. The difference into force for each of these countries. They rogue nation after another has violated this is that the former threaten to make arms noted that the practical experience each promise, giving rise to a large and growing control a sham—an outcome that can trans- country had obtained in operating export li- number of undeclared or incipient nuclear late into incalculable harm to our Nation censing systems intended to prevent assist- weapon states. Unfortunately, a similar flaw and its people. ance to chemical weapons programs have has been built into the Chemical Weapons (Malcolm Wallop represented Wyoming in been especially valuable in each country’s Convention, virtually assuring that this new the United States Senate from 1976–1995 and preparations for implementation of key obli- ‘‘norm’’ will produce more proliferation of is currently chairman of the Frontiers of gations under the CWC. They noted in this chemical weaponry, not less. Freedom Institute, a non-partisan, public context, that these national systems are If anything, Mr. Adelman, as a spokes- policy organization located in Arlington, aimed solely at avoiding assistance for ac- person for proponents for the treaty; exag- VA.) tivities which are prohibited under the Con- gerates the value of unverifiable, unenforced Mr. HELMS. Mr. President, I yield 20 ‘‘international norms’’ which validates a vention, while ensuring they do not restrict minutes to the able Senator from New or impede trade and other exchanges facili- central concern expressed by the three Sec- tated by the CWC. retaries: Such ‘‘norms’’ frequently induce a Hampshire, a great patriot, BOB SMITH. Mr. SMITH of New Hampshire. Mr. HELMS addressed the Chair. false sense of security in law-abiding soci- The PRESIDING OFFICER. The eties. Thank you very much, I say to Senator This dangerous placebo effect of defective HELMS. Chair recognizes the Senator from arms control agreements is especially evi- North Carolina. The PRESIDING OFFICER. The dent with respect to another ‘‘international Chair recognizes the distinguished Sen- Mr. HELMS. I yield myself 1 minute. norm’’ lauded by Mr. Adelman, namely, the Mr. President, I have received a very Biological Weapons Convention. Adelman ator from New Hampshire. fine statement by a distinguished contends that this treaty—which he ac- Mr. SMITH of New Hampshire. former Member of this body, Malcolm knowledges lacks ‘‘even a pretense of verifi- Thank you, Mr. President. Wallop of Wyoming, a gentleman and ability’’—has, nonetheless, ‘‘served us fairly I thank the distinguished chairman Senator whom I admire very much. He well.’’ of the Foreign Relations Committee Regrettably, this Convention has not pre- is now chairman, by the way, of the for his tremendous leadership on this vented the spread of biological weapons and matter. He has been steadfast. I have Frontiers of Freedom. I ask unanimous related technology to virtually every dan- consent that his statement be printed gerous country on the planet. The ‘‘inter- been in a number—several hours and in the RECORD. national norm’’ created by the Biological days—of meetings with him as he has There being no objection, the mate- Weapons Convention has, however, encour- tried very hard to get this treaty into rial was ordered to be printed in the aged the United States government to re- a position where it could be acceptable RECORD, as follows: main woefully unprepared to deal with the to some of us—to all of us. But in this threat such weapons pose. case, Mr. President, I have to maintain BAD TREATIES DO MAKE SECURITY PROBLEMS This point is dramatically made in the WORSE my opposition to this convention. cover story of the March 14–20, 1997 edition of Contrary to the assertions of its pro- (By Malcolm Wallop) Washington City Paper. This article is enti- On Thursday, April 24th, the U.S. Senate tled ‘‘Margin of Terror—The Government has ponents, this treaty will not advance will debate and vote on ratification of the One Clear Strategy for Responding to a Ter- our national interests, and as a Mem- Chemical Weapons Convention. As is the rorist Attack on Washington: Pray.’’ ber of the U.S. Senate, I must put the case with many pieces of legislation like the It describes in detail how the United national and sovereignty interests Endangered Species Act and The Comprehen- States’ systematic failure to ready the re- above all others when it comes to votes sive Antiterrorism Act of 1995, the Chemical sources and emergency personnel—to say here on the Senate floor. This is a Weapons Convention sounds great. Who can nothing of the American people—to contend flawed accord that will undermine our be against the Convention except those who with the nightmare of weapons of mass de- like chemical weapons? Dig deep, however, struction in the subways or other public security and create a massive, un- and you will find how bankrupt and harmful spaces of cities like Washington could easily funded regulatory burden on U.S. com- the Chemical Weapons Convention can be, if translate into hundreds, if not many thou- panies. And the Senate should reject it. ratified. Ken Adelman, noted arms control sands, of casualties. Let me make clear, I do not object to expert an proponent of this Convention, ad- The U.S. military has proven no more im- the goal of eliminating chemical weap- mits forthrightly, in a Washington Post op- mune to the seductive effects of ineffectual ons, although those of us who have ed that ‘‘no accord banning all chemical ‘‘international norms’’ created by unverifi- taken a position in opposition to this able arms control treaties. Operation Desert weapons can be verifiable in any real sense. treaty will be accused of that, and have The convention’s verification provisions may Storm illuminated serious shortfalls in the help somewhat, but not all that much.’’ armed services’ capability to operate and been. In fact, as a member of the This reality virtually assures that the prevail in combat should chemical and/or bi- Armed Services Committee, I have con- treaty will be violated by many who sign up, ological weapons be used. These shortfalls sistently supported funding for our Na- as well as having no effect whatsoever on persist today to varying degrees thanks, in tion’s chemical demilitarization pro- several dangerous chemical weapon states— part, to illusion that ‘‘international norms’’ gram. Certainly, we all support the such as Iraq, Syria, North Korea and Libya— will make that sort of combat unlikely. goal of eliminating chemical weapons. that have said they will not become parties. Overstating the value of international ac- But this treaty will not accomplish With this devastating admission, virtually cords has one other deleterious effect: It the only argument left for the Chemical tends to make the United States and other that goal. Sometimes we forget that Weapons Convention is the proposition, as law-abiding states reluctant to respond to fact as we debate these issues that Adelman puts it, that ‘‘standards and values violators of such accords. As with President have a great-sounding name. It does violated are better than no standards or val- Clinton’s successive decisions to grant MFN not even come close. For the benefit of ues at all.’’ According to this logic, we will to China—despite its repeated violations of my colleagues, I want to highlight be better off being party to a treaty that undertakings concerning human rights and some of the most egregious problems cannot and will not reduce the chemical the curbing the spread of nuclear weapons with this treaty. weapons threat because of the civilizing ef- and missile technology, the argument is al- First of all, it is not a global treaty. fect such ‘‘international norms’’ create. ways made that larger national interests The implication is that the ‘‘international must be taken into account. When the Un- Its advocates would have you believe norm’’ will somehow enhance our security. tied States winds up ignoring violations in that it is. It is not global. In fact, In fact, quite the contrary is true—as former the interest of preserving an arms control re- many nations believed to have active Secretaries of Defense James Schlesinger, gime, however, the effect is not only to in- chemical weapons programs, such as Donald Rumsfeld and Caspar Weinberger ob- vite further violations but to undermine the Iraq, Libya, North Korea, and Syria, served in a Washington Post op-ed dated value of the ‘‘international norm’’ thus cre- have not even signed on to the treaty March 5th. ated. and they are not bound by any provi- That this can happen with even relatively Those who believe that arms control can practical ‘‘international norms’’ can be seen make a measurable contribution to U.S. se- sions. in one cited by Adelman, himself in a follow- curity and civilized intercourse between Additionally, other confirmed or sus- up to the March 5th op-ed—the Nuclear Non- states have a special responsibility to avoid pected chemical weapons nations, such Proliferation Treaty. Even its strongest ad- debasing the currency of international law. as India, Iran, Pakistan, and Russia, S3518 CONGRESSIONAL RECORD — SENATE April 23, 1997 have signed the treaty but do not seem Iraq is the most heavily monitored Russia is developing new binary weap- very likely to ratify it or even comply and inspected country on Earth. We ons that are highly lethal, yet con- with it. have more access to Iraq than the tained none of the chemicals—none of For the life of me, I cannot under- chemical weapons treaty will ever pro- the chemicals—listed on the treaty’s stand how anyone could possibly stand vide for any country. If we cannot de- schedules. If this is true, Russia will be here on the floor of the U.S. Senate and termine after 5 years just how large capable of circumventing this treaty in say this is a global treaty if the most and sophisticated Iraq’s chemical a very significant and, frankly, desta- heinous anti-American regimes on the weapons program is, how on Earth are bilizing way. We will be considering face of the Earth are not even a party we going to be able to verify compli- this issue in more detail during the to it. They are going to be making ance for the dozens and dozens of coun- closed session, but I want to say here chemical weapons, and nobody can do tries supposedly bound by this treaty? and now that this is a very, very big anything about it. That is like saying The answer is simple. We cannot. We problem and it ought to be looked at we have a global treaty outlawing ter- are not going to be able to do it. very closely. rorism, but Iran, North Korea, Syria, We will move into classified session It gives me no pleasure to take the and Lebanon are not a part of it. Why later on, tomorrow, to more fully ex- floor of the Senate and raise these not have another treaty and outlaw amine the intelligence community’s troubling issues. I would like to be for terrorism? Well intended; great goal. assessment. I urge my colleagues to this treaty. I wish it banned all chemi- Why not just pass a treaty and we will come to that session and listen to the cal weapons. But the fact of the matter outlaw it? That will be the end of it. facts from our intelligence community. is, it does not, and I have a constitu- It is absurd, not to mention patently Noncompliance is not something to tional responsibility to look carefully false, to allege that this Chemical take lightly. Without adherence by all at these issues and act in a manner Weapons Convention is a global treaty. parties, no treaty is worth the paper it that I believe advances our national se- Iraq used chemical weapons on its own is written on—never has been, never curity. citizens in the last decade—on its own will be. But we cannot verify this trea- This treaty is deeply flawed—deeply people. How can we have a global treaty. We know for a fact that some of its flawed. No amount of public relations ty banning chemical weapons without signatories have routinely and repeat- spin, no amount of pressure from the Iraq? Could somebody please answer edly violated other treaties in the past. White House or from anybody else can that question for me? It is not global. So they have a track record. change that issue. Certainly it is not Russia has the world’s largest chemi- And we are not banning chemical weap- going to change this Senator’s mind. cal weapons arsenal. The former Soviet ons in Iraq. We are inspecting the devil I know that many of my colleagues Union routinely violated its arms con- out of Iraq and we still do not know think that since the cold war is over trol obligations whenever it was con- what they are doing and what they can arms control issues do not matter any- venient, whenever it was in their best and cannot do. more. I know many Members who interest. Russia remains in violation of Mr. President, not only is this treaty would just as soon focus on issues that the Biological and Toxic Weapons Con- not global, it is not verifiable accord- seem to be drawing more attention in vention and the CFE treaty. Thus, it is ing to the U.S. intelligence commu- the polls. But as the stewards of na- clear that the cold war pattern of non- nity, not according to Senator SMITH, tional security, we do not have that compliance did not end when the So- luxury. We cannot afford to sweep but the U.S. intelligence community. viet Union ended. these issues under the rug for the con- In testimony before the Foreign Re- Russia has also made clear that it lations Committee, former Director of has no intention of ratifying the chem- venience of political expediency. Mr. President, in addition to these Central Intelligence, James Woolsey ical weapons treaty or complying with important national security consider- stated: its provisions unless the United States ations, I want to highlight for my col- The chemical weapons problem is so dif- provides a massive aid package to pay leagues the enormous burden that this ficult from an intelligence perspective that I for destruction of its arsenal. Mr. cannot state that we have high confidence in treaty will place on U.S. businesses. President, where I come from in New our ability to detect noncompliance, espe- Under the treaty, there would be two cially on a small scale. Hampshire, this is called blackmail. That is what it is. And I object to it. basic types of inspections: routine and This is not exactly a ringing endorse- We are already committed to spending challenge. Routine inspections are to ment for this treaty, particularly when $12 billion to eliminate our own chemi- be directed at sites producing chemi- it is coming from a person who is rep- cal weapons arsenal. Are we supposed cals that present the greatest risk of resenting an administration that sup- to foot the bill for Russia’s as well diversion to weapons uses. A nation ports it and that is bringing it here to now? could be subject to up to 20 routine in- the Senate. Let us be honest, there is Let us not forget we are already giv- spections per year, and a specific site no way we are going to be able to ver- ing Russia billions of dollars in ransom up to two routine inspections. Chal- ify compliance, and everybody on this for the START I and START II trea- lenge inspections would occur by re- floor knows it. The proponents, as well ties, even though they have yet to rat- quest by a party to the treaty and can as the opponents, know that. ify START II. With the hard-line Com- take place with very little advance no- The United Nations Special Commis- munists and nationalists gaining 33 tice. There is no limit to the number of sion on Iraq was established following percent of Parliament seats in the re- challenge inspections that can take the gulf war to oversee the dismantling cent Russian elections, can anyone ac- place. of Iraq’s chemical, biological, and nu- tually believe that this situation is The United States also, Mr. Presi- clear weapons programs. There have likely to improve? I do not think so. dent, will be obligated to pay 25 per- been over 1,000 inspectors searching Russia is not implementing the 1990 cent of the operating expenses of this every nook and cranny in Iraq for the bilateral destruction agreement in organization. Does that sound famil- past 5 years, yet we continue to un- which it pledged to substantially re- iar? Think of the United Nations and cover new evidence and new revelations duce its chemical weapons arsenal. The other international organizations regarding Iraq’s programs to develop DIA stated Russia is moving so slowly where we wind up footing most of the weapons of mass destruction. that no meaningful reduction of its ar- bill. Membership on the Executive I say to my colleagues on the floor, senal is likely to occur in the next dec- Council is determined by a rotating re- now that you have seen all these in- ade. These are facts that the pro- gional formula, with the majority of spections, you all feel very components do not want you to hear, Mr. seats allocated to third world coun- fortable, I am sure. Now you have the President. The DIA has expressed skep- tries. The United States would not nec- full knowledge that Iraq does not have ticism regarding the veracity of Rus- essarily be represented on the council any chemical weapons or any biologi- sia’s data declarations. It appears high- at all times and there is no U.S. veto, cal weapons or any nuclear weapons. ly likely that Russia has grossly under- as there is in the U.N. Security Coun- Everybody feels real comfortable with reported its chemical weapons arsenal. cil. that. We have inspected them, so ev- Finally, it has been widely reported This represents a new open-ended en- erybody is certain. Right. in the international publications that titlement for another United Nations- April 23, 1997 CONGRESSIONAL RECORD — SENATE S3519 style bureaucracy. I cannot believe tions, here we go again. The problem ture of democracy. We discuss issues, that we are going to agree to pay 25 is, other nations who get to inspect our debate policy, find common ground, percent of the cost when we are having facilities have a lot more to gain than and compromise where we can. We so much difficulty injecting fiscal dis- we do by inspecting theirs. The limited compromised 28 times. cipline into the existing foreign aid bu- military-related intelligence that we It is important to understand, reaucracy which Senator HELMS has may gain is far outweighed by the in- though, that reasonable people can and been trying to change for years. Why dustrial and commercial intelligence do disagree on the merits of this trea- should we pay such a grossly dispropor- that other nations will derive from our ty. I want to make it very clear that I tionate percentage when Russia, who companies. That is why nations like have no problem with any of my col- has the world’s largest stockpile, pays Iran are signing on to this treaty, be- leagues in terms of how they arrived at 5.6 percent—while we pay the 25 per- cause they want that information. their votes. That is their vote, and I recent? They will have access to that informa- spect that, I recognize that. In fact, it It is estimated that somewhere be- tion, if not directly, certainly indi- is healthy. While I strongly oppose this tween 3,000 and 8,000 companies, per- rectly even if they are not one of the treaty, I don’t impugn anyone’s mo- haps more, will be affected by this inspectors. tives or character for taking an oppos- treaty—3,000 to 8,000 U.S. companies. Most chemical manufacturers have ing viewpoint. Having said that, it is The treaty creates a massive program not considered the effect of this treaty. regrettable that those of us deeply of reporting requirements for compa- Frankly, I am disappointed in some of troubled by the lack of participation in nies, companies that produce or use those manufacturers because they have this treaty by Iran, Syria, Libya, and regulated chemicals. not thought it through. But they will North Korea, and by the inherent I would ask my colleagues, do you be back, Mr. President. If we pass this, unverifiability of the treaty, by the really think the rogue nations, the they will be back and they will be back fact that nations such as Iran will gain North Koreas, the Libyas, the Irans, or with tears in their eyes because they access to sensitive data on our chemi- the Iraqs, and others, are going to be are going to be very, very sorry that cal defenses. Now, people have said subject to this? Do you really think they supported this treaty. that is not going to happen. Well, we they care that we are harassing our In fact, I know of one example where will see. If this treaty passes, we will own companies? They are probably get- an individual called my office purport- see, because they can be part of the in- ting a good laugh out of it, Mr. Presi- ing to represent the CMA in support of spection team and can have access to dent. the treaty. When questioned on the de- that information. The individual companies are re- tails of the treaty and the implications Anyway, we are accused of being quired to assume all costs associated for U.S. businesses, the individual be- somehow in favor of chemical weapons with this compliance, including filings, came frustrated, claimed ignorance, because we take this position. It seems escort and administration of routine and stated that the CMA told him to that when those of us who are conserv- inspections, challenge inspections, and make the calls. He admitted not know- atives want to stand by our principles, in some circumstances, American busi- ing much about the treaty and quickly we are ‘‘crazy people’’ or something. nesses may even be required to shut ended the call. That is pretty sad, Mr. But when you are liberal and you stand down production during the inspection President. by your principles, you are thoughtful period. Failure to comply with the reg- If that is the kind of expertise being and considerate and compassionate. ulations could result in a company brought to bear in this lobbying cam- Well, maybe I am missing something being fined up to $50,000 per incident— paign we are faced with, I think it somewhere. per incident. raises more serious questions as to the It is very easy for the media and the The Defense Department has esti- merit and true nature of this endorse- advocates of the treaty to demagog mated the cost imposed on a company ment by CMA. this issue. Some in the media have with a large facility could be as high as Additionally, while CMA’s support is demagoged it. Some in the media in $500,000 per inspection, while small an important factor to consider, it is my own State are demagoging me and businesses should expect inspections to important to recognize that CMA does the treaty. That is their prerogative. cost between $10,000 and $20,000, all on not even represent a majority of the But they are not here on the Senate U.S. businesses on something that does businesses affected by the treaty. Ac- floor—I am. Some in the media in my not ban chemical weapons in other cording to the Arms Control and Disar- State may not like that fact, but I am countries. mament Agency, 60 percent of the com- here as an elected representative for Each international inspection team panies affected by the treaty are not the State of New Hampshire. I am will be accompanied by representatives CMA members. sworn to uphold the Constitution and of the U.S. Government. According to In fact, most of these non-CMA com- to defend the national security inter- the administration, it is possible the panies are smaller businesses who are ests of the United States. Yes, if there representatives of the Environmental most likely to be harmed by the in- is a treaty violating those, I am going Protection Agency and OSHA could creased regulatory burden. They have to be opposed to it. also serve as escorts to come into your the most to lose. Yet, they are the ones While I wholeheartedly support the business and have a good look at what that are overlooked by the treaty’s objective of banning chemical weapons, we you are doing—maybe something proponents. this doesn’t ban chemical weapons. If very personal, very private, something Mr. President, since last fall, when somebody can stand up here and tell you would not want your competitors the Clinton administration abruptly me how we are going to get access to to have. But under the treaty, the EPA requested that the Senate defer consid- all of Iraq and be certain that we are can walk right in, have access to the eration of the treaty, I have worked not going to have chemical weapons whole facility, perhaps even take a few very closely with my colleagues in the there, and all of Libya and North samples, a few products. Who knows— Senate, including Senator KYL and Korea, and can prove that to me, I will take some records. Senator HELMS and others. I have at- support the treaty. That is why we It is clear, Mr. President, that this tended numerous meetings with the have this amendment, this provision on treaty and the accompanying imple- President’s National Security Adviser rogue nations. I don’t believe this re- menting legislation that the adminis- to explore possible conditions to pro- quires that the Senate rubber stamp tration has requested represents a mas- tect U.S. national security, and, to any treaty dealing with chemical weap- sive, unfunded mandate on U.S. busi- their credit, the administration and ons. We have some very respected peo- nesses. It is staggering. I cannot be- others did work hard to address many ple, including four former Secretaries lieve that this Senate is prepared to do of those concerns, and many have been of Defense—that was testified to here this injustice to businesses here in addressed. But there are still some that before—who oppose this treaty. America and, frankly, injustice to our- I just cannot, in good faith, allow to go In the medical world, the wrong med- selves as a nation. At a time when your unchallenged. icine can kill a patient even if it is pre- constituents are crying out for relief In the end, we are not able to agree scribed with the best of intentions. The from onerous and burdensome regula- on all of these issues. That is the na- same holds true with national security. S3520 CONGRESSIONAL RECORD — SENATE April 23, 1997 I have no doubt that the advocates of factory chemical weapons treaty was do, or not do, in trying to find some CWC believe that it will cure the an objective that had to be achieved, process of protecting them against plague of chemical weapons. But that because we shared the feeling that the chemical and biological warfare. is the wrong medicine and it won’t world was becoming a very dangerous In its essence, I believe that the work. place to live in because of chemical and United States has a responsibility for I want to conclude my remarks by biological warfare developments. We world leadership. This leadership is summarizing some of the more impor- felt the United States needed to show more graphically demonstrated in this tant arguments against this treaty. leadership in reducing some of the dan- legislative body than anywhere I know, First, it is not global. gers whenever possible. because passage of the resolution of Second, it is not effectively verifi- This convention before the Senate ratification will show our leadership in able. could be improved. The START trea- the effort to contain chemical weapons, Third, there are no technical means ties could have been improved. How- just as Senate support for START I to detect undeclared stockpiles of ever, under those treaties, the United showed the United States’ commitment chemical agents or weapons. States and Russia will significantly re- to nuclear weapons reduction. Many of those who have signed the duce their numbers of nuclear war- I encourage the Senate to vote in treaty are either unlikely to ratify it heads and reduce the risk of nuclear favor of this resolution of ratification or to comply. Does anybody really be- war. The Conventional Armed Forces and support the Chemical Weapons lieve that Iran will be a responsible in Europe Treaty could have been im- Convention as it was presented to us. party to this treaty? When is the last proved. Yet, today we no longer have I ask unanimous consent that two ar- time we had access to all of the coun- Russian and NATO forces bristling ticles from today’s papers be printed in tryside in Iran and all of the industry with tanks, cannons, and fighter air- the RECORD. One article is by Samuel and buildings in Iran? Why should we craft facing each other across the bor- Berger, in the Washington Times, enti- believe that this treaty is going to der in numbers that reminded many of tled ‘‘The CWC Imperative’’; the other make us do that? Armageddon. is by Gen. Thomas McInerney and Article X of the treaty will require us The Chemical Weapons Convention Stanley Weiss, in the Hill newspaper. to share detailed information on our does move the world toward a goal of There being no objection, the articles own chemical weapons defenses with bringing order and accountability to were ordered to be printed in the all other signatories to the treaty, the production and transportation of RECORD, as follows: good and bad signatories to the treaty, weapons of mass destruction. This is a [From the Washington Times, April 23, 1997] friends and enemies. convention that has required the nego- THE CWC IMPERATIVE Thousands of U.S. businesses, many tiating concurrence of 74 countries. I (By Samuel R. Berger) of them vulnerable small businesses, will never forget sitting around those will be exposed to costly annual report- Tomorrow, the Senate will vote on the rooms in Geneva while we waited for Chemical Weapons Convention. After years ing requirements that they can’t af- the representatives of the various of international negotiation and domestic ford. Direct costs to U.S. industry are countries to state their positions. debate, the Senate faces a clear choice; we estimated to be over $200 million a To require this convention to be per- can continue to lead the widening inter- year. fect asks the impossible. To expect it national commitment to begin banishing It goes on and on and on, Mr. Presi- to be an effective tool in controlling poison gas from the earth and head the effort dent. It is just incredible. chemical weapons is reasonable. This to make it work. Or we can walk away from Challenge inspections, which basi- convention does provide an inspection a treaty we helped write, deny our soldiers cally you could not do under our Con- regime that will allow our inspectors and citizens its benefits, expose our compa- stitution, are unlimited in number and nies to its penalties, and put America on the to monitor potential chemical weapons same side as pariah nations like Libya and may violate the fourth amendment, production and transportation more ef- Iraq. which guarantees the rights of individ- fectively than without the convention. This treaty will take effect next week— uals and their property against unrea- And protections are built into the con- with or without us. That’s why the real test sonable search and seizure. vention so that U.S. companies produc- of the Chemical Weapons Convention is not Mr. President, it is clear that this ing chemicals are not going to have whether it’s perfect, but whether we will be treaty falls short of achieving its ob- their manufacturing processes com- better off inside or outside it. By that basic jectives and its goals. In fact, it doesn’t promised, and, obviously, we do not measure, this treaty is overwhelmingly in even come close. As we will see later in our national interest. amend the Constitution of the United First, this treaty will help protect our sol- the classified session, the stakes are States by approving this convention. diers by requiring other countries to do what high. We have little to gain and a great For me, this convention enhances the we decided to do years ago—get rid of chemi- deal to lose. security of our forces deployed abroad, cal weapons. The treaty will also make it I urge my colleagues to reject this as well as throughout our whole Na- harder for rogue states and terrorists to get treaty. I yield the floor. tion. The Joint Chiefs of Staff support or make chemical weapons. By eliminating PRIVILEGE OF THE FLOOR the Chemical Weapons Convention. existing stockpiles, it will remove the single Mr. INHOFE. Mr. President, I ask Generals Colin Powell and Norman largest source of weapons that they could steal or buy on the black market. By impos- unanimous consent that Jeff Severs be Schwarzkopf support the convention. ing new controls on the transfer of dan- given the privilege of the floor for this Former Secretary of State Jim Baker gerous chemicals, it will help put the raw in- day. and former National Security Adviser gredients for such weapons further out of The PRESIDING OFFICER. Without Brent Scowcroft support this conven- reach. objection, it is so ordered. tion. Former CIA Directors, Jim Wool- Finally, by giving us new tools for verifica- Mr. LEVIN. Mr. President, I yield 15 sey, Stansfield Turner, and John tion like short-notice, on-site inspections, minutes to the Senator from Alaska. Deutch, support this convention. I creating a global intelligence network, and Mr. STEVENS. Mr. President, I have could go on and on with the list, Mr. strengthening the authority of our own law been involved with the chemical weap- enforcement, this treaty will make it easier President. for us to prevent and punish those who seek ons debate and negotiations for a con- But, to me, it is not the former or to break its rules. vention like this since its beginning. present officials that should have an Two and half months ago, President Clin- During the Reagan administration, at impact on this Senate. It is the men ton and Senate Majority Leader Trent Lott the suggestion of Ambassador John and women in uniform. They are in established a process to work through the Tower, former Senator John Tower, I harm’s way. They know now that many concerns of some senators about the treaty. spent a month in Geneva during an Au- of their predecessors who served us in As a result of this effort, and negotiations gust recess auditing the beginnings of the Persian Gulf war, men and women led by Sen. Jessie Helms and Sen. Joe Biden, the negotiations that led up to this there in uniform, were exposed to some we have reached agreement on 28 conditions that will be included in the treaty’s resolu- Chemical Weapons Convention. John type of a chemical weapon in Iraq. It is tion of ratification. Among them are binding Tower even loaned me his home in Ge- for them that I speak, because I think, commitments to maintain strong defenses neva to live in during that period. He universally, they are now worried against chemical attack; allow the use of and I agreed that negotiating a satis- about what this Congress is going to riot control agents like tear gas in a wide April 23, 1997 CONGRESSIONAL RECORD — SENATE S3521 range of military and law enforcement situa- Convention (CWC). This model agreement, which will go into effect on April 29, with or tions; and require search warrants for any which bands the production and use of chem- without U.S. approval. As retired Gen. Nor- involuntary inspections of an American busi- ical weapons, is supported by an overwhelm- man Schwarzkopf stated in Senate testi- ness. These conditions resolve almost all the ing majority of Americans, including a mony, ‘‘We don’t need chemical weapons to issues that have been raised about this trea- ‘‘Who’s Who’’ of former officials and military fight our future wars. And frankly . . . by ty. leaders, and has been signed by most of the not ratifying that treaty, we align ourselves Almost, but not all. Opponents insist on a civilized world. with nations like Libya and North Korea, handful of additional conditions, each of On the other side is Sen. Jesse Helms (R– and I’d just as soon not be associated with which would make it impossible for us to N.C.). The Foreign Relations Committee those thugs.’’ participate in this treaty. One would have us chairman wants to reorganize the State De- If the price of getting two-thirds of the wait to join until Russia does—giving cover partment, and threatened to keep the CWC Senate to ratify the CWC is improving the to hard-liners in Russia who want to hold on bottled up in his committee until this was way the State Department works, that to their weapons. Another would have us agreed upon. sounds like a deal we can all live with. wait until rogue states like Iraq become Mr. President, Sen. Helms. It’s time to Mr. STEVENS. Mr. President, it is members—delaying our chance to use the make a deal! treaty’s tools against these international Both of them and, more importantly, the not an easy position for me to be op- outlaws and giving them a veto over our na- American people would come out winners if posed to friends with whom I normally tional security. Another would impose an the Senate votes to ratify the CWC, and the stand shoulder to shoulder. But I be- unrealistically high standard of verifica- State Department streamlines its oper- lieve we must be motivated by what we tion—and risk our ability to protect our ations. Here are three ways to improve the believe is in the best interest of the troops by using the treaty’s already tough business of diplomacy: provisions to detect cheating that is mili- country as a whole. I believe if we took First, cut back on assistant secretaries. a poll of men and women in uniform tarily significant. The State Department currently houses 19 Two other killer conditions would require assistant secretaries focusing on certain re- today, they would say that the No. 1 us to re-open negotiations on the treaty. gions (East Asia) or functional areas (human threat they fear is chemical and bio- First, some critics mistakenly believe that rights). Compare this to the Department of logical warfare. I say that we must the treaty requires the United States to pro- lead the world in addressing the con- vide advanced chemical weapons defenses to Defense where nine assistant secretaries help rogue states. In fact, only countries that oversee a budget 10 times larger than the sequences of production and use of have joined the CWC, renounced chemical State Department’s program budget. The these weapons of mass destruction, just weapons and destroyed their stockpiles can system has evolved into an unwieldy bureau- as we led the world in dealing with the request assistance—and then, only if they cratic morass. The practical effect of 19 as- consequences of the proliferation of nu- are threatened with chemical weapons by a sistant secretaries is overlap and poor coordination. clear weapons. Voting for the Chemical non-party. President Clinton has committed Weapons Convention resolution of rati- to the Senate that if a country of concern Second, improve coordination and elimi- such as Cuba or Iran should meet the strict nate layers in foreign aid programs. Here fication will make the world a safer conditions for aid, the United States will re- again, a hodgepodge of well-intentioned pro- place. strict our assistance to emergency medical grams operates with little oversight and co- Thank you, Mr. President. supplies—and to use our influence as member ordination. The details should be left to Mr. LEVIN. Mr. President, I yield 10 of the CWC to prevent other states from careful negotiation between the State De- minutes to the Senator from Massa- transferring equipment that could harm our partment and Congress. But, the goal should chusetts. national security. be to reduce bureaucracies, establish clear The PRESIDING OFFICER. The Sen- Second, some opponents misread treaty priorities, and put these aid programs more language to conclude that the CWC would closely in the service of our overall foreign ator from Massachusetts is recognized. somehow facilitate their spread. President policy goals. Mr. KERRY. Mr. President, it is in- Clinton has made it clear we reject this far- Finally, start running the State Depart- teresting. I have been here on the floor fetched interpretation. He has committed to ment in a more business-like manner. State listening to this debate for a period of maintain strict U.S. and multilateral export Department officials rightly tout their im- time, and it is almost as if the argu- controls on certain dangerous chemicals and portant role in supporting American busi- ments kind of pass each other in a obtained the same assurance from our allies. nesses overseas. But as part of this effort, strange way. I have, also, on the For- If the Senate approves any of these ‘‘killer they ought to get their own house in order. conditions,’’ it will mean foregoing this trea- The required management reforms are no eign Relations Committee, been at the ty’s clear costs. We will be denied use of the secret. The General Accounting Office hearings. We keep hearing the same treaty’s tools against rogue states and ter- (GAO), The National Performance Review, mantra repeated with respect to a rorists. We will lose the ability to enforce and other studies have all reached similar number of objections, notwithstanding the rules we helped make. We will subject conclusions. Closing unnecessary overseas the fact that either the language of the our chemical companies to trade restrictions posts, outsourcing administrative support treaty is going to be changed by virtue that could cost them hundreds of millions of functions, and rethinking overseas staff of agreements made between Senator dollars in sales. And we will send a clear sig- structure can save money and improve per- HELMS and Senator BIDEN and the ad- nal of retreat that will undermine our lead- formance. ership to stop the spread of weapons of mass Maintaining the status quo is impossible. ministration, or the treaty itself ad- destruction. The GAO estimates that simply maintaining dresses those specific arguments. One That must not be allowed to happen. While current functions and personnel will require of the most interesting repetitive argu- the Convention is not a panacea, it rep- a 22 percent increase in State Department ments is that this is somehow going to resents a real opportunity to strengthen the budgets by the year 2000—an unlikely pros- be dangerous for the chemical compa- global fight against the threat that no one pect in today’s budget environment. nation can meet on its own. That is why nies. We keep hearing people say that Despite the clear need for action, the State this is going to be terrible for Amer- president and legislators from both parties Department management continues to post- and our military leaders have made U.S. ap- pone the inevitable. A well-conceived strat- ican industry. But American industry proval of the Convention their common egy for reconstructing the department does has signed off on it. The Senator from cause. Negotiated under President Reagan not exist, and Helms is right to demand ac- Delaware represents many chemical and signed under President Bush, the treaty tion. companies. Fifty-six percent of the has broad, bipartisan support that includes In return, the Senate should ratify the economy in the State of Delaware is every chairman of the Joint Chiefs of Staff Chemical Weapons Convention. Americans represented by chemical companies. He for the past 20 years and the overwhelming will be safer with the treaty than without it. majority of our veterans, chemical manufac- hasn’t heard from them in opposition. The CWC combines an arms-control agree- Nevertheless, we hear people repeat turers and arms control experts. As Sec- ment that bans an entire class of weapons of retary of State Madeleine Albright has said, mass destruction and a non-proliferation re- that. this treaty was ‘‘made in America.’’ It is gime that forbids trade to any nation in non- Now, obviously, this convention, de- right for America, and now, at last, it must compliance. spite its attributes, is not a panacea be ratified in America. It will help prevent terrorists and pariah for the threat of chemical weapons. states from getting their hands on materials [From the Hill, April 23, 1997] None of us who are proposing this con- to make chemical weapons, while ensuring CHEMICAL WEAPONS PACT: LET’S MAKE A vention, I think, are suggesting that that American manufacturers can continue this is the panacea. But what it does DEAL to successfully compete in the global trade (By Thomas G. McInerney and Stanley A. of legitimate chemical products. do, Mr. President, is it contributes, on Weiss) Ameria is unilaterally destroying its balance, more to the effort to have de- On one side is President Clinton. He wants chemical stockpile. The question now is terrence, to expose cheaters and to de- the Senate to ratify the Chemical Weapons whether it will become party to a convention tect chemical weapons production and S3522 CONGRESSIONAL RECORD — SENATE April 23, 1997 proliferation of any kind of significant They resulted, however, in the 1925 Ge- ture chemical weapons in a factory military nature than not having it. neva Protocol that outlaws the use of purported to be involved in the com- Mr. President, although crude chemi- chemical weapons. Negotiations on a mercial production of legitimate prod- cal weapons have been around for cen- more far-reaching prohibition resumed ucts. The legitimate chemical industry turies, poison gas unfortunately came in 1968, focusing on a treaty that would around the world makes products that of age as a tool of warfare in World War prohibit the development, production, are important to modern life. Some of I. First chlorine, then phosgene, mus- and stockpiling of chemical weapons as the same chemicals and technologies tard gas, and lewisite were introduced well. In 1969, the United States re- that this industry employs to manufac- onto the battlefields of Europe, burn- nounced the first use of chemical weap- ture fertilizers, pharmaceuticals, pes- ing, blistering, and choking unpro- ons and initiated a moratorium on ticides, herbicides, and countless other tected soldiers and civilians alike. their production that lasted 18 years. products could also be used to make Both because with chemical weapons so Five years later, the Senate gave its chemical weapons. There are literally closely associated with World War I advice and consent to ratification of thousands of industrial facilities world- there is a perception they are an both the Geneva Protocol and the Bio- wide, and we know all too well from anachronistic threat and are therefore logical and Toxin Weapons Convention. the inspections in Iraq in the after- of less concern, and because we became International negotiation toward a math of the 1991 gulf war that a deter- accustomed during 40 years of the cold Chemical Weapons Convention, how- mined rogue proliferator can and will war to living with the threat of a glob- ever, made little progress until the use the industrial sector to mask ef- al nuclear Armageddon, some fail to United States again took the initia- forts to develop and produce weapons recognize the magnitude of the threat tive. of mass destruction. For these very now posed by chemical weapons. This In the 1980’s, Saddam Hussein’s use of reasons, the Reagan administration is a terribly serious mistake. chemical weapons against Iran and not only pushed for routine data dec- Modern chemical weapons—nerve against his own Kurdish people horri- larations and inspections of govern- agents like sarin, soman, tabun, and fied the international community. Iraq ment and industry facilities; it also in- VX—are so lethal that a dose as small clearly violated its obligations under sisted on these unprecedented chal- as 15 milligrams can kill a person. the Geneva Protocol, but the inter- lenge inspections. Equally as troubling, chemical weap- national community did nothing to After George Bush was elected Presi- ons are the most financially and tech- punish Saddam for his outlaw behavior. dent, the Bush administration took a nically attractive option for a coun- This failure to enforce the Geneva Pro- variety of steps to give impetus to the try—or a terrorist—that sets its sights tocol was a failure of international po- international negotiations. Perhaps on developing and producing a weapon litical will, not of the treaty itself. most importantly, in May of 1991, of mass destruction. The ingredients America’s leaders at that time, includ- President Bush, without waiting for or for chemical weapons are chemicals ing many of us in this Chamber, must depending on completion and ratifica- that are inexpensive and readily avail- bear part of the responsibility for not tion of the Chemical Weapons Conven- able in the marketplace, and the for- having insisted that Saddam pay a tion, unilaterally forswore any use of mulae to make nerve and blister agents price for his outrageous behavior. Just chemical weapons by the United are well known. It is no coincidence like a domestic law, an international States, even as in-kind retaliation on that chemical weapons are known as agreement, no matter how good, is of the battlefield. A year and a half later, the poor man’s atom bomb. The U.S. little use unless it is enforced. as one of the last acts of his Adminis- intelligence community estimates that Iraq’s flagrant violation of the Gene- tration, Bush sent Secretary of State more than 20 nations possess chemical va Protocol did, however, serve as a Lawrence Eagleburger to Paris in Jan- weapons or the capability to make catalyst for the negotiators’ attempt uary, 1993 to join more than 130 states them readily. Still other countries are to complete the Chemical Weapons in signing the Chemical Weapons Con- working to acquire a chemical arsenal. Convention. Working from a draft trea- vention. Pushing these negotiations Chemical weapons have proliferated far ty text first introduced by then-Vice through to a successful conclusion more widely than the two other types President George Bush in 1984, the 39 stands as one of the most important of weapons of mass destruction, nu- nations hammering out the treaty in foreign policy achievements of the clear and biological weapons. We ig- the Conference on Disarmament Bush administration. We owe the dedi- nore this threat at our peril. It is this reached agreements on intrusive and cated negotiators from the Reagan and threat that the Chemical Weapons Con- far-reaching verification provisions Bush administrations, most notably vention confronts. And the Senate that were included in the Bush draft Ambassador Stephen Ledogar and today and tomorrow has an historical text. For example, Vice President Bush Arms Control and Disarmament Agen- opportunity to address and reduce that proposed on behalf of President Reagan cy Director Ronald Lehman, a debt of threat—to our civilian citizens, to our ‘‘anytime, anywhere’’ on-site challenge gratitude for their far-sighted propos- armed forces, and to the entire world— inspections to deter and catch treaty als and their persistence at the nego- as we perform our constitutional re- violators. At the time the concept of tiating table. We owe Presidents sponsibility of advice and consent with challenge inspections was first ad- Reagan and Bush a debt as well—for respect to the convention. vanced, no nuclear arms treaty yet in- their leadership and consistent support Our Nation’s highest military and included even routine on-site inspections of this historic arms control initiative. telligence officials repeatedly have of declared nuclear facilities. The convention that President Bill stated that while the Chemical Weap- Vice President Bush asked for these Clinton presented to the Senate on No- ons Convention is no panacea for these tough verification measures for good vember 23, 1993, which is before us threats, America will be safer and we reason. It is much more difficult to today, is a feasible and pragmatic trea- will have greater ability to reduce monitor a chemical weapons treaty ty. Given the inherent difficulty of cur- chemical weapons proliferation, and to than a nuclear accord. The capabilities tailing the proliferation of chemical identify and remove chemical weapons of our national technical means—in- weapons, America’s negotiators did not threats, if the United States and a ma- cluding intelligence satellites—enable insist on obtaining a flawless pact—an jority of the world’s nations ratify this us to track the production and deploy- effort that would have been certain to treaty. The number of signatories is up ment of nuclear weapons in other coun- fail. Instead, the U.S. delegation to 161. Seventy-four nations, including tries with a considerable degree of con- worked closely with our allies in Eu- the majority of our allies in NATO and fidence. Chemical weapons production, rope, Japan, Australia, and Canada to the European Union, have already rati- however, cannot be monitored from create a realistic treaty with verifica- fied the convention. afar with anywhere near the same level tion provisions that offer a significant The public outcry over the use of of confidence. Aside from using large likelihood of identifying militarily-sig- chemical weapons in World War I com- government facilities to churn out nificant violations and that will force pelled diplomats to begin work to ban chemical weapons, a government could cheaters to incur higher costs and en- these weapons. These post-war efforts coopt a commercial chemical firm into dure greater inconvenience in order to fell short of a complete prohibition. making chemical weapons, or manufac- accumulate a covert chemical weapons April 23, 1997 CONGRESSIONAL RECORD — SENATE S3523 stockpile. It is important to note that country to protect our troops and the So here you have the general of our the convention’s negotiators and advo- long-term interests of our Nation? I be- Joint Chiefs of Staff, the Chairman, cates have never claimed that it pro- lieve this convention makes identifica- coming before us and saying, indeed, vides an ironclad assurance that the tion of cheaters more likely. It re- the problem of the rogue states is not world will become and remain free quires all noncheaters to dispose of all passing the convention. The problem is from all chemical weapons. That is an chemical weapons, something we can’t not having a convention because, if you impossible standard to meet, so it do today. And, of course, we have al- do not have a convention, you don’t should come as no surprise the conven- ready unilaterally decided that we are have the kind of legal structure and in- tion does not meet it. Instead, the con- going to get rid of all of our chemical spection and tracking and accountabil- vention makes identification of cheat- weapons. ity that help put pressure on those ers more likely; it requires all non- So here we are going down the road rogue states and limit the access of the cheaters to dispose of all chemical of getting rid of all of our chemical rogue states to the materials with weapons—which, of course, the United weapons, and here you have finally which they make chemical weapons. States already was unilaterally com- some form of legal structure that will The truth is that until the conven- mitted to doing by law; and it will hold other nations accountable. tion enters into force, the actions of make it more difficult and expensive Clearly the United States must never any nation, signatory or not, to manu- for cheaters to cheat. be complacent about the threat of ad- facture or to stockpile chemical weap- A very important ally in the negotia- versary nations or terrorists armed ons will be objectionable but it won’t tions leading to the Chemical Weapons with chemical weapons. be illegal. Mr. President, it won’t be il- Convention was the U.S. chemical in- I respectfully suggest that nothing in legal. And it is very hard for this Sen- dustry. It is counterintuitive to think this convention and none of those of us ator to understand how, against the that the chemical industry would par- who advocate this convention begs regimen that we have for inspection— ticipate in a negotiation that would ul- complacency. against the intrusiveness that we are The convention’s critics claim that timately bring additional regulation, acquiring that we don’t have today, the treaty will lull us into a false sense notably data declarations and inspec- and measured by the level of destruc- of security, resulting in a weakening of tions, upon itself. To its credit, that is tion of existing stockpiles that is re- our defenses. To the contrary, the con- exactly what the U.S. chemical indus- quired, the people who today are under vention stipulates that each of its try, and many of its counterparts in no obligation whatsoever to destroy member nations is allowed to maintain other nations, did. For well over a dec- those stockpiles—you could be better defensive programs to develop and test ade, the U.S. chemical industry pro- off without it against those who have antidotes, gas masks, and other protec- vided invaluable assistance to the U.S. tive gear and to train its troops in how it is really very, very difficult to un- delegation and all of the negotiators in to use them. derstand. Geneva, opening their facilities to test So it is really a question of us. I General Shalikashvili’s last point al- verification concepts and proposing mean that there is nothing in the trea- ludes to an argument often made by workable solutions for how the data ty that lulls us to sleep. The treaty the treaty’s opponents, who are quick declarations and inspections should op- specifically allows us to have defenses. to point out that not all of the coun- erate. With the help of the U.S. chemi- And if we are, indeed, concerned about tries believed to have chemical weap- cal industry, the CWC emerged with it, as we ought to be, we will have ons will join. Indeed, that is true. sufficient provisions and restrictions to those defenses, precisely as this admin- Libya, Syria, Iraq, and North Korea make trade in chemical weapons mate- istration is offering us with an addi- have not signed the convention, but rials more visible and more difficult. tional $225 million of expenditure this three-quarters of the nations on the in- The convention’s inspectors will watch year. telligence community’s list of probable closely over the global industry, guard- So how can you continually come to proliferators have signed. ing against the diversion of commer- the floor and say, ‘‘Oh, my God, this is The truth is that until the conven- cial chemicals for purposes of weapons going to lull us to sleep’’ when the ad- tion enters into force, the actions of proliferation. At the same time, the ministration is providing an additional any nation—signatory or not—to man- treaty contains numerous safeguards $225 million? ufacture or stockpile chemical weapons that enable the industry to protect its It is our responsibility as elected of- will be objectionable, but not illegal confidential business information to its ficials to ensure that we maintain a ro- under any international law or agree- satisfaction, despite claims to the con- bust U.S. chemical weapons defense ment. Some colleagues in this Chamber trary that are made by some treaty op- program. To do less would be an injus- suggest we defer United States ratifica- ponents. tice to our troops, a threat to our secu- tion until after Libya, Syria, Iraq, and I want to be clear that despite all of rity, and a failure on our part to exer- North Korea have joined. To them I its attributes, the treaty is not a pana- cise fully our rights under this treaty. would respond that failure to ratify cea for the threat of chemical weapons. One of the 28 conditions to the treaty gains us absolutely nothing with re- It can’t be. But the convention’s pri- negotiated by Senators HELMS and spect to those rogue states. We are in mary merit is that it will contribute to BIDEN, and agreed to by the adminis- no way aided in meeting our intel- deterrence, exposure, and detection of tration, condition 11, explicitly states ligence and military obligations re- chemical weapons proliferation of a this determination, and requires the garding those nations and their chemi- militarily significant nature. By re- Secretary of Defense to ensure that cal weapons activities by failing to rat- quiring the destruction of existing ar- U.S. forces are capable of carrying out ify the CWC; conversely, we are in no senals and making it much more dif- required military missions regardless way impeded, and in fact are assisted, ficult for future adversaries to acquire of any foreign threat or use of chemical in meeting those obligations by ratifi- or increase chemical weapons stocks, weapons. cation. Rather, I agree with the Chair- the CWC greatly reduces the prospect The Pentagon’s view of the conven- man of the Joint Chiefs of Staff on this that U.S. troops will encounter chemi- tion is unambiguous. In his testimony, matter: We increase our leverage cal weapons on the battlefield. Follow- Chairman of the Joint Chiefs of Staff against these hold-out states by ratifying in our footsteps as we move to uni- Gen. John Shalikashvili stated: ing the Convention. We also make it laterally destroy our chemical weapons From a military perspective, the Chemical more difficult for those hold-outs to stockpile, the CWC will begin to level Weapons Convention is clearly in our na- obtain materials they can use in their the international playing field by re- tional interest. The convention’s advantages chemical weapons programs. quiring other countries to eliminate outweigh its shortcomings. The United Some opponents of the CWC, suggest States and all other CW-capable state parties that it is fatally flawed because adher- their chemical weapons as well. incur the same obligation to destroy their That is the balance. That is the judg- chemical weapons stockpiles . . . if we do ence to or violation of its requirements ment we are called on to make in the not join and walk away from the CWC an cannot be verified. Senate. awful lot of people will probably walk away We keep hearing this. It is interest- Is this, as the Senator from Alaska from it as well, and our influence on the ing. At the hearings I kept hearing two was just saying, in the interest of our rogue states will only decrease.’’ arguments coming out from the people S3524 CONGRESSIONAL RECORD — SENATE April 23, 1997 who said you can’t verify it. They say weapons activity are true, I join treaty Group’s controls have not been weak- it is too intrusive, that we will give critics —and, I confidently expect—all ened. Further, the condition requires away all of the trade secrets of the Senators in abhoring this Russian ac- the President to block any attempt businesses, so we can’t allow obtrusive tivity. I take second place to no Sen- within the Australia Group to change verification. They object to it because ator in wanting to use all capability at the Group’s view of its obligations they think it is going to prevent busi- the disposal of the United States to ob- under the CWC. ness from conducting its business. And tain cessation of those activities, and Condition 16 requires the President they go to the other side of the coin, destruction of all Russian chemical to notify Congress if he ever deter- and say, ‘‘If we get more intrusive, we weapons. But treaty opponents seem to mines the Convention’s secretariat, the are going to be verifying sufficiently have stepped through the lookingglass Organization for the Prohibition of but then you lose on the other side.’’ in Alice in Wonderland. Simply insist- Chemical Weapons, has willfully di- You can’t have it both ways. Either it ing that Russia tell us the truth is no vulged confidential business informa- is a balanced effort at verification and way to get the bottom of this situation that results in a financial loss or at the level of intrusiveness, which is tion. Refusing to ratify the CWC be- damage to U.S. company, and to with- why the chemical companies support cause we are piqued at their behavior is hold half the United States’ annual as- this treaty. a classic example of what the old cliche sessment toward the OPCW’s expenses Mr. President, the fact is that the refers to as ‘‘cutting off one’s nose to if such a breach occurs and the OPCW very people who have argued for that spite one’s face.’’ does not waive immunity for prosecu- intrusiveness—the Reagan administra- The United States greatly increases tion of any OPCW official involved in tion, and most of the principal critics its leverage by ratifying the CWC, the breach, or if the OPCW refuses to who are making that argument today which will put pressure on Russia to establish an investigatory commission —are the very people who insisted that follow suit. When Senate debate of the to investigate the breach. the challenge inspections would be es- CWC was scheduled in the fall of 1996, Condition 15 requires the United sential to the integrity of this conven- it became evident that Moscow was States not to contribute to the vol- tion. feeling the heat of a pending Senate untary fund the CWC establishes for Ironically, the handful of principal vote on the CWC. Suddenly, Russian of- providing chemical weapons defense as- critics making this argument served in ficials backpedaled from a 1990 bilat- sistance to other parties to the treaty, the Reagan administration and, fortu- and, with regard to the CWC require- eral destruction agreement, which had nately, insisted that challenge inspec- ment for all treaty parties to assist not yet entered into force, and stated tions would be essential to the CWC’s other party nations who have been at- the CWC’s activation should be delayed integrity. Virtually every inspection tacked with chemicals or are threat- until the bilateral agreement was un- provision that the Reagan administra- ened with such an attack, the same derway. This strategy belies Moscow’s tion proposed was included in the trea- condition limits U.S. assistance to eagerness to postpone U.S. ratification. ty text when the negotiations con- those nations determined to be adver- I, for one, am not buying it. The longer cluded in 1992. Their proposals having saries to medical antidotes and treat- we wait to ratify the CWC, the more been accepted, these critics now want ments. breathing room Moscow has. The time to raise the bar even higher. Perhaps the least credible argument The CWC’s verification provisions has long since passed to put some real raised by the CWC’s opponents is that will put inspectors on the ground with pressure on Russia. Senate ratification this treaty would place unreasonable sensitive equipment and the right to of the CWC will do just that. burdens on America’s chemical indus- Another of the treaty opponents’ review records, ask questions, go to try. It would seem that those making any part of a facility, and take and claims is that the treaty requires the this argument have not been listening analyze samples. These powerful in- United States to share chemical and to what the chemical industry itself spection tools are needed to get the job chemical weapons defense technologies has been saying for the last two dec- done, and it would be sheer folly for and capabilities with even those party ades. The chemical industry’s reasons the Senate to deprive the U.S. intel- States that are rogue nations or adver- for supporting the convention are not ligence community of the information saries of our Nation. Some claim that altogether altruistic, but they are im- that these inspections will provide. Ac- we would be forced to remove our cur- minently logical. First and foremost, cording to former Director of Central rent export controls applicable to the chemical industry seeks to disasso- Intelligence James Woolsey: chemicals with respect to all other par- ciate itself from the odious practice of What the Chemical Weapons Convention ties to the CWC. Articles X and XI of making chemical weapons. Equally im- provides the intelligence community is a the Convention are frequently ref- portant, the U.S. industry long ago de- new tool to add to our collection tool kit. It erenced in this context. What is going cided that the Chemical Weapons Con- is an instrument with broad applicability, on here, Mr. President, is very regret- vention would be good for business. which can help resolve a wide variety of table. The black and white language of The convention contains automatic problems. Moreover, it is a universal tool the convention itself contradicts that which can be used by diplomats and politi- economic sanctions that preclude trea- cians, as well as intelligence specialists, to view. And if the convention itself were ty members from trading in controlled further a common goal: elimination of the not sufficiently clear in enabling the chemicals with states that do not join. threat of chemical weapons. United States to refuse to provide any The U.S. chemical industry, which is Another argument used by critics of technology or other information or America’s largest exporter, views the the treaty is that Russia does not com- data that could be misused by rogue convention as a way to a more open ply with other arms control treaties nations or adversaries, several of the 28 marketplace. Industry representatives and that more of the same can be ex- conditions to which bipartisan agree- describe their obligations under the pected with the CWC. Reports from ment has been reached directly address treaty as manageable and acceptable; whistleblowers who worked in the So- these concerns and should lay them to to wit, the CWC will not impose inspec- viet chemical weapons production com- rest in all minds. tions, regulations, intrusions, or costs plex indicate that in the late 1980’s and Condition 7 requires the President to greater than those already required by on into the 1990’s, the Soviet Union was certify before the ratification docu- other Federal laws and standards. developing and testing a new genera- ments are deposited that the CWC will But it is very important to go beyond tion of nerve agents. More recent rein no way weaken the Australia Group the fact that the chemical industry be- ports suggest chemical weapons re- of nations, of which the United States lieves the CWC will not impose signifi- search, if not limited production, con- is a participant, that has established a cantly difficult burdens on its compa- tinues. Russia has declared a stockpile cooperative export control regime, and nies—and look closely at the critical of 40,000 metric tons of chemical weap- that every single nation that partici- fact that U.S. failure to ratify will re- ons—the world’s largest—but reports pates in the Australia Group must consult in tremendous financial and mar- indicate that even these numbers may cur that there is no CWC requirement ket share losses—grave in the near be incorrectly low. that would weaken the Group’s export term and likely even worse in the Mr. President, to the extent these re- controls. Then, annually, certification longer term—for the U.S. chemical in- ports of continuing Russian chemical is required to the Congress that the dustry. In a letter dated August 29, April 23, 1997 CONGRESSIONAL RECORD — SENATE S3525 1996, the CEO’s of 53 of America’s most Also among the arguments against his capacity as a leader and statesman. prominent chemical companies bluntly the convention used by its critics is the Senator JOE BIDEN, the ranking Demo- stated: ‘‘Our industry’s status as the assertion that the CWC will cost the cratic member of the Foreign Rela- world’s preferred supplier of chemical American taxpayers too much money. tions Committee, has labored, also products may be jeopardized if the On the contrary, the U.S. share of the with the help of his staff, to bring this United States does not ratify the con- CWC’s monitoring and inspection re- treaty before the Senate. Senator CARL vention.’’ The American chemical in- gime, approximately $20 million annu- LEVIN, ranking Democrat on the Armed dustry would be marked as unreliable ally, is far less than the $75 million an- Services Committee, and Senate Demo- and unjustly associated with chemical nual cost to store America’s chemical cratic Leader TOM DASCHLE, each weapons proliferation. If the resolution weapons. This $20 million of support for knowledgeable and dedicated, have of ratification of the CWC were to be the international inspection agency is made considerable contributions to defeated, it would cost the U.S. chemi- minuscule in comparison to the this effort and to the debate. Majority cal industry significant portion of its amounts we spend for U.S. defenses. Leader TRENT LOTT’s leadership has $60 billion export business—many in This is a small price to pay to institute permitted negotiation of 28 conditions the industry have agreed on an esti- and maintain an international mecha- designed to reassure those who in good mate of $600 million a year—and result nism that will dramatically reduce the faith had questions and concerns about in the loss of thousands of good-paying chemical weapons threat that faces various aspects of the treaty. I com- American jobs. U.S. service men and women and estab- pliment and thank all of them. Under the terms of the CWC, some lish an international norm for national Mr. President the compelling logic of 2,000 U.S. industry facilities—not com- behavior which is so apparently in the this convention and the breadth and panies—will be affected by the treaty. interests of this Nation and, indeed, all depth of support for it should produce Of that group, some 1,800 will be asked the world’s people. And, lest the esti- an overwhelming vote to approve the to fill out brief data declaration forms mates of the costs of U.S. participation resolution of ratification. I have great and the remaining 200 are likely to un- prove to be low, included in the 28 hope that the Senate will demonstrate dergo inspections. Assertions that the agreed conditions is a condition that its ability by taking this important neighborhood ‘‘Mom and Pop’’ dry limits the U.S. annual contribution to step of ratifying this treaty. I urge my cleaners, cosmetics firms, and brew- no more than $25 million a year, to be colleagues to vote for the resolution. eries will be involved in this are wildly adjusted every third year based on PRIVILEGE OF THE FLOOR inaccurate. changes in the Consumer Price Index. Mr. President, I ask unanimous con- In addition, although the industry’s The United States led the inter- sent, under the new rules governing ac- representatives explained patiently to national community throughout the cess to the floor, that Scott Bunton of Senators that the CWC’s onsite ver- negotiation of the Chemical Weapons my staff, be permitted access to the ification and inspection procedures will Convention. Three administrations— Senate floor as long as the Chemical not violate a U.S. company’s constitu- two Republican and one Democratic— Weapons Convention is being debated. tional protection against undue search have labored to develop and place be- The PRESIDING OFFICER. Without or seizure, there is included in the 28 fore the Senate a carefully crafted in- objection, it is so ordered. agreed conditions condition 28 that re- strument that will increase the safety Mr. HELMS addressed the Chair. quires the United States to obtain a and security of U.S. citizens and armed The PRESIDING OFFICER. The Sen- criminal search warrant in the case of forces and will do so at very reasonable ator from North Carolina. any challenge inspection of a U.S. fa- costs to taxpayers, companies that Mr. HELMS. Mr. President, I now in- cility to which the facility does not make and use legitimate chemicals, vite the distinguished Senator from give its consent, and to obtain an ad- and American consumers. Former Oklahoma [Mr. INHOFE] to take the ministrative search warrant from a Presidents Ford, Carter, and Bush have floor to make whatever comments he U.S. magistrate judge in the case of spoken out strongly in favor of ratifi- may require. any routine inspection of a U.S. facil- cation. Today 1996 Republican Presi- Mr. INHOFE. I thank the chairman. ity to which the facility does not give dential nominee and former Senate The PRESIDING OFFICER. The Sen- its consent. Majority Leader Robert Dole an- ator from Oklahoma. The U.S. chemical industry led by nounced his support for the CWC cou- Mr. INHOFE. Thank you, Mr. Presi- the Chemical Manufacturers Associa- pled with the 28 conditions to which bi- dent. tion, the Synthetic Organic Chemical partisan agreement has been secured. First of all, let me say that there Manufacturers Association, and the Rarely does one see a situation in have been a lot of charges made back Pharmaceutical Research and Manu- which it is more important to apply and forth. And certainly I don’t ques- facturers of America have repeatedly the admonition that we would be wise tion the sincerity of any Senators who and unequivocally requested that the not to let the perfect become the have spoken on the floor, nor any posi- Senate approve the resolution of ratifi- enemy of the good. Perfect security tions they have taken, nor do I ques- cation and pass its associated imple- against chemical weapons is unattain- tion their motives. They clearly think menting legislation. Industry’s support able. I have great hopes that wise Sen- that they are right and that I am of this treaty should not be questioned, ators will not permit a group of Sen- wrong. I think I am right. And the it should be applauded. ators who will not be satisfied by the right position is not to ratify the It’s suprising to see nonindustry peo- greatest achievable increase in our se- Chemical Weapons Convention. ple shouting industry concern when the curity, and many of whom have a basic The distinguished Senator from Mas- industry itself was intimately involved objection to any international arms sachusetts talked about ‘‘lulling’’ peo- in developing the convention and the control treaty to scuttle a carefully en- ple into a false sense of security. There proposed implementation legislation gineered agreement that our military is a very interesting editorial in the and is urging the Senate to approve the leaders, our intelligence community Wall Street Journal on that subject— resolution of ratification. The CEO’s or senior executives, former Presidents of that people are going to believe that other senior executives of seven major both parties, President Clinton, and something is going to be done with chemical firms with significant oper- 1996 Presidential nominee Dole agree this, that it is going to eliminate or ations in my home State of Massachu- will make all Americans and, indeed, dramatically reduce chemical weapons. setts are among those who have repeat- the entire world safer and more secure We have testimony from very distin- edly urged the Senate to approve the from chemical weapons. guished, well-known, former Secretar- resolution of ratification. Frankly, in In closing, I want to commend those ies of Defense—four of them—who say my judgment, the statements of these who have labored diligently to bring that this, in fact, could increase the executives concerning the effects this the Senate to this point. Former Sen- proliferation of chemical weapons convention will have on their busi- ate Foreign Relations Committee around the world, and particularly in nesses are more credible than the con- Chairman RICHARD LUGAR, with the as- the area of rogue nations. tradictory statements of the opponents sistance of his able staff, has done yeo- Let me just address one other thing of the CWC. man service and again demonstrated because my beloved friend, Bob Dole, S3526 CONGRESSIONAL RECORD — SENATE April 23, 1997 came out and changed the position to this treaty are going to ratify it; I have said on the Senate floor sev- that he had previously had. I certainly and, No. 2, the ones that ratify it will eral times in the past that I look back don’t question his sincerity. But in his do what they have said they will do. sometimes wistfully to the days of the letter he said that the conditions or I think it is kind of interesting when cold war, Mr. President, when they had the concerns that he had previously you look at Russia, for example. I am two superpowers, the U.S.S.R. and the had been met. not singling them out other than the United States of America. We had an I happened to stumble onto the letter fact that we have had more treaties intelligence system that was pretty that was dated September 11, 1996, from with Russia. We have the 1990 Biologi- well informed. We pretty much knew Bob Dole to TRENT LOTT. I will read cal Weapons Destruction Treaty; the what they had, and they pretty much the last of one paragraph. He says, ‘‘I ABM Treaty that goes all the way back knew what we had. Even though they have three concerns. First, effective to the 1970’s; we have the Strategic Ar- were a threat to this Nation, certainly verification. Do we have confidence maments Reduction Treaty, START I; they were a threat and a quantity that that our intelligence will detect viola- the Conventional Forces in Europe could be measured and we could antici- tions? Second, real reductions. In this Treaty, the CFE treaty; and the Inter- pate. Now we have countries like Iraq, case down to zero.’’ mediate Nuclear Forces Treaty. In and we have people, as I said before, He is putting an expectation of re- each one of these cases, the country in- who murder their own grandchildren ducing the use of chemical weapons volved—this country being Russia—has and we are talking about the Qadhafis, ‘‘down to zero.’’ not lived up to the provisions of the Hafez Assads and those individuals ‘‘Third, that it will truly be a global treaty. In other words, they ratify a who, I think, are a far greater threat in treaty.’’ treaty. They are a signatory. Then terms of what is available in tech- Mr. President, none of these three they ratify, go through that elaborate nology out there with weapons of mass have been met—not one of these three process, and then they turn around and destruction including what we are ad- conditions; certainly on verification. don’t live up to it. They have been dressing today, and that is chemical There is not one person who has found in noncompliance by our State weapons. So the threat is a very real stepped onto the floor of this Senate Department—this country—in each one threat that is out there. and said that this is a verifiable treaty. of these five. I understand from some of my close Nobody claims that it is. It is not veri- You have to ask the question: If Rus- friends, Republican friends, that there fiable. People who give us their word sia ratified five treaties and did not are some of these conditions that they that they are not going to do it. That comply with any of the five, why would could either take or leave and are not is fine. We can believe their word. Are we expect that they would ratify this as concerned about whether Russia we going to believe countries who have and not live up to it? One of the condi- ratifies the treaty in advance; they are not lived up to their other treaties? tions that we have is that the Russians not really concerned about whether Certainly not. will ratify the treaty prior to the time there are no inspectors from terrorist In the case of real reductions, ‘‘down that we would do it. People are saying countries. I can’t really understand to zero’’—getting one to say there are oh, no, Russia will ratify but only if we that, but they are concerned undergoing to be any real reductions. Cer- do. I would like to remind my friends standably about article X. And while tainly not down to zero. Nobody has in this body that I was one of, I think, everyone has put their own interpreta- made that statement. three Senators who voted against the tion on article X, and instead of put- And will it be truly global? We have START II Treaty and they used the ting an interpretation on it let me just talked about the countries that are not same argument at that time. They said read. I hope that all of America could a part of this treaty. And there are you have to ratify this thing, you have hear the exact wording of this treaty countries that are not like we are. We to ratify it before Russia because Rus- that we are being asked to endorse and are talking about people who murder sia is not going to ratify it if we do not to ratify. Section 3 of article X says: their own grandchildren, we are talk- ratify it. This is 2 years later, and they Each State party undertakes to facilitate ing about Iraq, Syria, Libya, North still have not ratified it. So we are still and shall have the right to participate in the Korea. So obviously, it is not a global waiting. fullest possible exchange of equipment, ma- treaty in any sense of the term. So why will you expect if 2 years ago terial and scientific and technological infor- In verifiability, it is kind of interest- we passed the START II Treaty—and I mation concerning means of protection against chemical weapons. ing. After the Persian Gulf war we set think the Senator from North Carolina up a very meticulous system of ver- and I were two of the four votes that Wait a minute now. We are talking ification within the United Nations were against it—they said they were about they would be able to look at that gave the inspectors from the Unit- going to ratify after we did, and they what our defenses against chemical ed Nations far greater authority than didn’t do it—why would they nec- weapons are, not just what we have, the inspectors would have under this essarily do it? what our technology is, how they treaty. Yet we find out that in the This global thing is very significant might be able to copy our technology. midst of all of this that Iraq is making because here we talk about those who Moving on to section 5, it says: chemical weapons as we speak. If you have signed the treaty and those who The technical secretariat shall establish— Incidentally, Mr. President, does it bother can’t do it with the information that have ratified the treaty and, quite you, that technical secretariat? I always they have, and the ability that they frankly, I do not care if a lot of those wondered what happened to sovereignty in have from the United Nations, cer- who have to ratify this treaty ratify it. this country. We have a group sitting over tainly it is not something that can I am not at all concerned about Can- there someplace; we are not sure who they happen under this treaty. ada, Costa Rica, the Fiji Islands, Swit- are going to be, but they are called the tech- I have another concern. Mr. Presi- zerland, Togo, Singapore, Iceland. They nical secretariat— dent, it is not just those who have not are not threats to this country, but Not later than 180 days after entry into force of this convention and maintain for the signed or who have not ratified the there are threats out there. use of any requesting State party a data treaty. I look at some of the countries And a minute ago, someone, the dis- bank containing freely available information that have signed and they may or may tinguished Senator from Massachu- concerning various means of protection not ratify. The distinguished Senator setts, quoted James Woolsey, former against chemical weapons as well as such in- from Arizona, Senator KYL, earlier said CIA Director. It is also James Woolsey formation as may be provided by State par- that 99 percent of the known chemical who said we know there are somewhere ties. weapons are in three countries: United in excess of 25 nations that currently Now, I look at this as a sovereignty States, China, and Russia. And not one have weapons of mass destruction, ei- issue again, because I do not know who of those countries has ratified this ther biological, chemical, or nuclear these people are, but I do know this, treaty. I doubt very seriously that they and are working on the vehicle means that we have a lot of chemical compa- are going to ratify this treaty. to deliver those weapons. And so if nies in this country that have not been So we have all of these conditions these countries have them, these are talked about very much. You talk that we are talking about that assume not countries that we are friendly with about the CMA. That is, as I under- that, No. 1, those who are signatories or think like we do. stand it, 192 chemical companies. They April 23, 1997 CONGRESSIONAL RECORD — SENATE S3527 are the large ones, but there are some- So I would just say, Mr. President, Mr. LEVIN. Mr. President, I yield 7 where between, it is estimated, 3 and that there has been a lot of lobbying minutes to the Senator from Oregon. 8,000 companies that would be affected going on, and I know the President’s The PRESIDING OFFICER. The Sen- by this treaty. Not all of them are been very busy. I do not know what ator from Oregon is recognized. chemical companies but about half of kind of deals have been made, but I do Mr. WYDEN. Mr. President, the peo- them, so you may be looking at 192 know that this is not something that is ple of Oregon have firsthand knowledge large chemical companies and maybe in the best security interests of the of the dangers of chemical weapons. 4,000 small chemical companies and United States. I do sit on the Senate Stored at the chemical weapons depot maybe it would be to their advantage Armed Services Committee. I am the at Umatilla in the eastern part of my to have very stringent requirements chairman of the readiness subcommit- State are millions of pounds of chemi- like this that would be a lot easier for tee. We are very much concerned about cal weapons. Mustard gas and nerve gas large companies to stand behind than our State of readiness in terms of how sit in concrete bunkers, a constant re- small companies. to defend against chemical warfare. We minder of the need for action. Finally, Mr. President, I have so deal with this subject every day. I am We see and hear constant news re- much respect for the three former Sec- on the Intelligence Committee. We ports about the dangers facing children retaries of Defense who testified before talk about this. But none of us on in eastern Oregon every day those Senator HELMS’ committee, James those two committees know about this weapons sit in those stockpiles. There is no place in a civilized soci- Schlesinger, Don Rumsfeld, and Cap as people such as Dick Cheney. I agree Weinberger. In fact, I have talked to ety for terror weapons like these, and with them. We cannot afford to take a each one of them, along with Dick Che- it is not right to have stockpiles of chance on a flawed treaty that could ney, who would have been there to tes- these weapons that put our children at have the effect of increasing the pro- tify, but he was unable to make that risk. Passing the Chemical Weapons liferation of chemical weapons. schedule. But he has sent a letter that Convention is the most important vote I thank the Chair. has been quoted from several times. in this Congress for a safer future for Mr. HELMS. Mr. President, I yield These individuals all say essentially our children. This is a time in my view myself such time as I may require to the same thing. They say that we are for the United States to lead rather thank the Senator for his comment. He being asked to ratify a treaty that is than to retreat. When Presidents is right on target. not verifiable, that is not global, that Reagan and Bush negotiated this trea- I have been around this place quite a does not have any effect on those county, they fully understood that U.S. while, and I have seen Senators come tries that are considered to be our en- leadership was needed to complete it. and go but there is one situation that emies, our adversaries out there. And They knew that full U.S. participation is endemic to the trade. A lot of Sen- they are out there, Mr. President, and was essential for its work. ators can be frightened about threats also even those who say they will rat- Not only will failure to ratify this of 30-second television commercials 2 ify and comply have demonstrated over convention put us in the position of years hence or 4 years hence. But let and over again, such as Russia, that being followers on the world’s stage they have not complied with previous me tell you something, every kind of but the provisions built into this trea- treaties. television known to man has been used ty to isolate and in fact economically By the way, speaking of Russia, it against me about practically every punish those nations which refuse to was interesting; last week in Janes De- vote I have cast and I am still here. So ratify the treaty are going to apply to fense News, I read that the Russians I have a little policy. I started it the the United States if the Senate does had developed a type of chemical weap- first time I was sworn in. I stood over not ratify this treaty. on, and they have developed it out of there five times now taking an oath to In my State, we believe that we pros- precursors that are not under this trea- uphold the Constitution and to do my per from trade, cultural and other ex- ty. In other words, there are three pre- best to defend the best interests of this changes with the rest of the world and cursors that they are using that they country just as the Senator has and that there would be a threat if we can develop these weapons with. So just as the Senator has talked about. failed to ratify this treaty. they would not be covered by this. I Now, the media have with one or two If the Senate allows America to be- think maybe that is just a coincidence. rare exceptions totally ignored the ap- come an outlaw nation, the effects Maybe there are other countries out pearance of the three former Secretar- would be felt by every farmer, software there also that are saying all right, if ies of Defense who came before the For- engineer, timber worker and fisherman this Chemical Weapons Convention eign Relations Committee. And one of who sell the fruits of their labor over- goes in and we intend to comply with them read the letter that the Senator seas. the provisions of it, which they prob- has just alluded to written by Dick I would like to for just a brief few ably are not, what can we do to build Cheney. I wish all Americans could minutes review the arguments against chemical weapons without using those have heard these three gentlemen and this treaty. Some say that it rep- precursor chemicals? And they are al- read the letter by Cheney because they resents a loss of sovereignty, but there ready doing it. would understand that no matter about is no greater threat to our sovereignty I would like to share lastly some- the 30-second commercials, no matter than to run away from our role as a thing that all four of these former Sec- about the news media—I have had it all world leader. Some say that this treaty retaries of Defense have said. They thrown at me. You can come to my of- would open our essential industries to have said that there is a very good fice and look at the wall and see all the espionage, but there is no question chance being a party to this treaty and cartoons. Every cartoon that they run that the American chemical companies ratifying this treaty could increase the I put it up on the wall to remind me were consulted on this treaty. They proliferation of chemical weapons as that the media do not count if you worked closely on the key verification opposed to reducing them. I would read stand on principles and do what you issues and there is enormous support, one paragraph out of Dick Cheney’s think is right. enormous support among those in the letter, and I do not think anyone is Now, I have an idea satisfactory to chemical industry to approve this trea- more respected than Dick Cheney in myself that a lot of Senators wish they ty. these areas. could vote against this treaty but they Finally, there are those who say ver- Indeed, some aspects of the present con- are wondering about the next election. ification is unworkable because rogue vention, notably its obligation to share with I think they better stop and wonder nations will refuse to ratify it. But the potential adversaries like Iran chemical about the next generation. fact is that ratification of the treaty manufacturing technology that can be used I thank the Senator for the fine re- gives our country new access to infor- for military purposes and chemical defensive marks that he made. I admire the Sen- mation about the chemical weapons equipment, threaten to make this accord programs of other nations. If we are de- worse than having no treaty at all. In my ator very much. judgment, the treaty’s article X and XI Mr. INOUYE. I thank the Senator. nied access to this vital intelligence, amount to a formula for greatly accelerating Mr. HELMS. I yield the floor. then we will be forced to spend even the proliferation of chemical warfare capa- The PRESIDING OFFICER. Who more on our own intelligence to track bilities around the globe. yields time? the chemical weapons threat. S3528 CONGRESSIONAL RECORD — SENATE April 23, 1997 The world is watching the Senate President Reagan, in 1985, proposed and This is the way General Shalikashvili now, watching the greatest nation on the Congress accepted his proposal that made that point. He said, ‘‘I fully sup- Earth and hoping that we will lead the we destroy our chemical weapons. port early ratification of the Chemical way to ridding our planet of these poi- What this convention will do will be to Weapons Convention and I reflect the sons. I urge my colleagues to join require other nations to do what we are views of the Joint Chiefs and the com- across party lines and approve this already doing, and that is going to re- batant commanders.’’ treaty, because when it is approved, duce the risk of chemical attacks The previous Chairman of the Joint our world will be a safer place. against our troops and our Nation. Chiefs, General Powell, spoke very I yield the floor. General Shalikashvili, the Chairman forcefully on this issue just last week. The PRESIDING OFFICER. Who of our Joint Chiefs, has had a great He was addressing the Senate Veter- yields time? The Senator from New deal to say about this treaty. This is ans’ Affairs Committee on April 17 dur- Mexico is recognized. what he wrote on April 8. He said that: ing a hearing on gulf war illness, but MR. DOMENICI. I thank the Chair. The ratification of the Chemical Weapons he said this relative to the convention (The remarks of Mr. DOMENICI per- Convention by as many nations as possible is on chemical weapons: taining to the introduction of S. 633 are in the best interests of the Armed Forces of the United States. The combination [he I think one of the greatest things we can located in today’s RECORD under wrote] of the nonproliferation and disar- do over the next 2 weeks is to pass the Chem- ‘‘Statements on Introduced Bills and mament aspects of the convention greatly ical Weapons Convention treaty. This is a Joint Resolutions.’’) reduces the likelihood that U.S. forces may good treaty. It serves our national interest. PRIVILEGE OF THE FLOOR encounter chemical weapons in a regional That is why it was negotiated beginning in Mr. DOMENICI. I ask unanimous conflict. The protection of the young men Ronald Reagan’s term, and I helped participate [The ‘‘I,’’ here, being Colin Powell]—I consent that Peter Lyons, a legislative and women in our forces, should they have to go in harm’s way in the future, is strength- helped participate in those negotiations as fellow working in my office, be granted ened, not diminished, by the Chemical Weap- National Security Adviser, and that is why the privilege of the floor for today and ons Convention. we signed it in the administration of Presi- the remainder of the debate on this Then he went on to say: dent Bush. And I participated in the development of the treaty during those days as issue. We do not need chemical weapons to pro- Chairman of the Joint Chiefs of Staff and I The PRESIDING OFFICER. Without vide an effective deterrent or to deliver an objection, it is so ordered. effective response. supported the treaty then and I support it now. Mr. LEVIN. Mr. President, I yield When the Chairman of the Joint myself 10 minutes. Chiefs of Staff, every member—every Then General Powell went on to say The PRESIDING OFFICER. The Sen- single member of the Joint Chiefs, and the following: ator from Michigan. every combatant commander have There are some uncertainties associated Mr. LEVIN. Mr. President, I believe reached the same conclusion, that the with the treaty and there are some criti- it is crucial to American leadership ratification of this treaty is in our na- cisms of the treaty. I think those criticisms and to the security of our men and can be answered and dealt with. But we tional security interests and will re- should not overlook the simple fact that, women in the Armed Forces and, induce the likelihood of our men and deed, to all of us in America, that the with the treaty, the United States joins over women ever facing chemicals in com- 160 nations in saying to the world that chem- Senate provide its advice and consent bat, it seems to me we should listen. ical weapons will not be used, will not be to the ratification of the Chemical When they tell us that we are already made, will not be developed, will not be pro- Weapons Convention so that the United unilaterally destroying our stockpile of duced, and we will not share the technology States can join it as an original party. chemical weapons and that what we associated with chemical weapons with other The security of our men and women are doing by joining this convention is nations who are inclined to use them inside in the Armed Forces who someday may being in a position where we will be or outside the confines of this treaty. face the threat of chemicals, the secu- able to help reduce the risk that others Then he went on to say the following: rity of our people who constantly face will obtain chemical weapons, we Not to participate in this treaty, for us to the threat of terrorists and terrorist should listen. And when they tell us reject the treaty that we designed, we states that try to get their hands on that they know that this is not per- signed, for us to reject that treaty now be- chemical weapons, all demand that the cause there are rogue states outside that fectly verifiable but that this will re- treaty is the equivalent of saying we should Senate join as an original party to this duce the chances that chemical weap- convention and ratify this treaty. To not have joined NATO because Russia was ons will fall in hands of terrorist states not a part of NATO. It’s exactly because ratify it and to make it real, we have or terrorist organizations or individ- there are these rogue states that we should to do so without accepting any of the uals—when our top military leaders join with an alliance of over 160 nations to killer amendments that would render tell us that, we should listen. make a clear international statement that this ratification vote useless. They have acknowledged what every- these are rogue nations. I say this, and I reached this conclu- one has acknowledged. There is no way And he concludes: sion as a member of the Armed Serv- to perfectly verify a chemical weapons Not signing the treaty does not make them ices Committee who has listened to our convention. But what they have also no longer rogue nations. So I think this is a military leaders testify before us, who told us is that following their analysis fine treaty and it is one of the things the has read the testimony of these leaders of this treaty, that because of the in- Senate can do to start to get a better handle who have said that the ratification of tense inspection regime which is pro- on the use of these weapons of mass destruc- this convention is unequivocally in our vided for here, that we will be able to tion and especially chemical weapons. national security interest because it reduce the risk that any militarily sig- Mr. President, Secretary Cohen ad- will reduce the risk of our military nificant amount of chemicals will fall dressed the Chemical Weapons Conven- forces encountering chemical weapons into the hands of an opponent or a fu- tion at great length before the Armed on a future battlefield. ture opponent. It is not a matter of Services Committee. In 1985, President Reagan signed a perfection, they tell us. It is a matter I ask the Chair whether or not I have law which has resulted in our unilater- of improving our current position. used up the 10 minutes that I allotted ally destroying our stockpile of chemi- That sounds like a security bargain to myself? cal weapons. This process will be com- them and it ought to sound like a secu- The PRESIDING OFFICER. The Sen- pleted in 2004. The destruction of our rity bargain to us. Our senior military ator from Michigan has 15 seconds re- chemical weapons will take place, leaders have a unique perspective on maining. whether or not the United States rati- what makes our military stronger or Mr. LEVIN. I thank my Chair. I will fies the convention. We are destroying more secure. And they have agreed. just yield myself 3 additional minutes. our chemical weapons. We are doing so They have agreed that this treaty is The PRESIDING OFFICER. The Sen- because we decided they are no longer good for our security. All the Chiefs of ator has that right. militarily useful and they are too ex- Staff, as I have said, the Chairman of Mr. LEVIN. Now, Secretary Cohen, pensive to maintain and we have all the Joint Chiefs and the combatant our former colleague Bill Cohen, has the capability we need to deter attack commanders have urged that we ratify testified before the Armed Services and to respond to attack. So that this treaty. Committee on this subject. He has filed April 23, 1997 CONGRESSIONAL RECORD — SENATE S3529 some lengthy testimony supporting the Mr. President, I yield the floor, and if ian populations by bombs, rockets, Chemical Weapons Convention. To my good friend from Rhode Island is missiles, artillery, mines, grenades or summarize what he said, and here ready, I will be happy to yield him 7 spray. again I am quoting: minutes. If there is nobody on the Chemical weapons are terrifying be- The Chemical Weapons Convention is both other side, I yield 7 minutes to the Sen- cause they kill quickly, silently, and a disarmament and nonproliferation treaty. ator from Rhode Island. indiscriminately. Even more disturbing It is very much in our national security in- The PRESIDING OFFICER (Mr. is the fact that their production is terest because it establishes an international HAGEL). The Senator from Rhode Is- easy, cheap and simple to conceal. mandate for the destruction of chemical land. With a little know-how, a solvent used weapons stockpiles, because it prohibits the Mr. REED. Mr. President, I rise to in pen ink can be converted into mus- development, retention, storage, prepara- add my voice to the chorus of support tard gas and a chemical common in tions for use, and use of chemical weapons, because it increases the probability of de- for the ratification of the Chemical pesticides becomes an ingredient in a tecting militarily significant violations of Weapons Convention. As a former com- deadly nerve agent. It must be ac- the CWC. pany commander in the 82d Airborne knowledged that eliminating chemical And, here he said that: Division, I have a keen interest in an weapons is a herculean task. But the international diplomatic agreement Chemical Weapons Convention, which While no treaty is 100 percent verifiable, the Chemical Weapons Convention contains that will protect soldiers from one of we are finally considering today, ad- complementary and overlapping declaration the most terrible perils of war. As a dresses this challenge. This treaty is and inspection requirements which increase Senator, I believe that the United the most comprehensive arms control the probability of detecting militarily sig- States has a duty to assume a leader- agreement ever negotiated. It insti- nificant violations of the convention. While ship role in this ambitious, global ef- tutes an extensive and intrusive ver- detecting illicit production of small quan- fort to not only reduce, but eliminate, ification regime which will include tities of chemical weapons will be extremely an entire class of weapons of mass de- both government and civilian facili- difficult, it is easier to detect large-scale struction. ties. International teams of inspectors production, filling and stockpiling of chemical weapons over time through declaration, U.S. ratification of the Chemical will conduct instrument-monitoring as routine inspections, factfinding, consulta- Weapons Convention is a paramount well as routine and random onsite in- tion and challenge inspection mechanisms. first step in removing the threat of spections of facilities known to work The verification regime should prove effec- chemical warfare on the battlefield. with chemical agents. Furthermore, it tive in providing information on significant Soldiers in World War I were the first allows challenge inspections, without chemical weapons programs that would not to know the terror of the release of poi- right of refusal, of sites suspected of otherwise be available. son gas. Over 1.3 million soldiers were producing or storing chemical weapons. In conclusion, there has been ref- injured or killed by chlorine and mus- The convention also requires export erence to a classified session tomorrow, tard gas during the Great War. This controls and reporting requirements on which will be held relative to advice enormous number of casualties led to chemicals that can be used as chemical from the intelligence community. the negotiation of the Geneva Protocol warfare agents and their precursors. In Relative to this point, I will only say in 1925 which banned the use of chemi- addition, the treaty establishes the Or- that the Acting Director of Central In- cal weapons in wartime. Eighty years ganization for the Prohibition of Chem- telligence, George Tenet, has said, later, however, young soldiers are still ical Weapons [OPCW], a permanent ‘‘The more tools we have at our dis- plagued by the dangers of chemical body which will oversee the conven- posal, the better off we feel we are in warfare. Many veterans of the Persian tion’s implementation and ensure com- our business.’’ And he said that as part Gulf war fight illness and lie awake at pliance. The enemy is elusive but 162 of an acknowledgment that we can night, worrying and wondering, ‘‘Was signatory countries decided this treaty never guarantee that a power that there something in the air?’’ was the best means of waging war signs up to this agreement will not But this is not a treaty which will against chemical weapons. cheat. ‘‘No regime is foolproof, particu- just protect soldiers in a time of armed In January 1993, President Bush larly with regard to these dual-use ca- conflict, it is a treaty which will pro- joined dozens of other nations in Paris pabilities. Nothing is going to guaran- tect innocent civilians from terrorist and agreed to meet the challenge of tee success but,’’ George Tenet con- attacks. The 1995 Sarin gas attack in a eliminating chemical weapons by sign- cluded, ‘‘the more tools we have at our crowded Tokyo subway that killed and ing the Chemical Weapons Convention. disposal, the better off we are in our injured dozens made this scenario a re- Now some members of this chamber, business.’’ ality for everyone. It is imperative members of President Bush’s own I also hope that our colleagues will that we do what is necessary to ensure party, are second-guessing that deci- come to that classified session tomor- that such an incident becomes a dis- sion. The problem is that if we drag our row. I am very confident that they will tant memory rather than a daily fear. feet any longer, the United States will conclude, as I have concluded after lis- The Chemical Weapons Convention be left behind. April 29, 1997 is not an tening to the intelligence community, bans the development, production, ac- artificial deadline imposed by a politi- that it is very much in our interest, quisition, stockpiling, transfer or use cal party. One of the provisions of the from an intelligence perspective, that of chemical weapons by signatories. It treaty is that it enters into force 180 we have these tools in our tool kit, and requires the destruction of all chemical days after the ratification by the 65th that these additional verification and weapon stockpiles and production fa- country, and in 6 days, on April 29, the inspection capabilities are very, very cilities. Parties to the convention must 74 nations who have ratified the treaty much in our Nation’s interest. begin to destroy weapons within 1 year will begin its implementation. If we do This treaty will enter into force on and complete the process within 10 not vote to ratify the Chemical Weap- April 29 whether or not we ratify, but years. If we ratify this treaty, we will ons Convention, we will not stop it. In our ratification will make a big dif- take an important step toward elimi- fact, we will not even become a passive ference in the effect the treaty has on nating the production, storage and use bystander. Instead, we will become the us and on our leadership in the world. of blister agents, like mustard gas, target of the trade restrictions that Is it perfect? No, nothing in life is. Is it which destroy exposed skin tissue; of make this treaty so powerful. an improvement to our present posi- choking agents that inflame the bron- Now, no one can say the Senate has tion in terms of inspection of other chial tubes and lungs and cause as- not had ample opportunity to consider countries? Surely it is, and we should phyxiation; of blood agents that block this agreement. Thirteen years and two listen to that top uniformed military the circulation of oxygen when inhaled; administrations ago, President Reagan official, General Shalikashvili, when he and of nerve agents that cause the proposed this treaty to the United Na- tells us our troops are safer, because if nervous system to overload, resulting tions. It was approved by the United we ratify this convention, it is less in respiratory failure and death. The Nations in 1992 and President Bush likely—not certain—but less likely goal of this treaty is to ensure that signed the convention weeks before he that they will ever face chemical weap- these deadly chemicals will never left office. Several months later, Presi- ons in combat. again be dispersed over troops or civil- dent Clinton presented the CWC to the S3530 CONGRESSIONAL RECORD — SENATE April 23, 1997 Senate for consideration. The Commit- cripple the verification regime by de- the most effective weapons that the tees on Foreign Relations, Armed Serv- nying the international community the international community has. ices, Intelligence, and Judiciary held 17 benefits of our knowledge. In an era when balancing the budget hearings over three Congresses. The ad- In addition, the United States is the is of primary importance, it is not ministration has provided the Senate only nation with extensive experience sunrising that opponents cite the cost with over 1,500 pages of information. In in destroying chemical weapons. We of joining the treaty as a reason for not the past 2 months, the administration are also the only country investing ratifying it. I cannot dispute that there and a task force formed by the major- heavily in research and development to is a financial price for joining the con- ity leader have held almost 60 hours of find methods other than incineration vention. Most of the costs will be in- discussion. Twenty-eight additional to destroy these weapons. Without our curred for maintaining the activities of conditions, statements, understand- advice, participants in the convention the Organization for the Prohibition of ings, and declarations to the resolution risk inadvertent but dangerous acci- Chemical Weapons [OPCW]. These of ratification have been reached. The dents and may squander scarce finan- costs will be apportioned according to overwhelming evidence persuasively cial resources attempting to reinvent a system similar to the one used by argues that now is the time to ratify the wheel in learning how to destroy other international organizations. In this treaty. weapons. Furthermore, if the entire addition, each signatory which de- Ratifying the Chemical Weapons international community pools its re- stroys its stockpile must repay the Convention complements the existing sources, both intellectual and finan- OPCW for costs associated with ver- military strategy of the United States. cial, to discover safe, environmentally ification. In his budget, the President We are already committed to unilat- sound methods of destruction, the de- requested about 20 cents per American eral destruction of our chemical weap- velopment time would certainly be re- to pay for CWC costs, a small price for ons. In the early 1980’s, the Department duced. If we show reluctance to ratify the elimination of chemical weapons. of Defense declared about 90 percent of the treaty, we will undermine the con- Furthermore, members of this body our Nation’s chemical weapons obso- fidence and commitment of the entire can ensure that this cost does not esca- lete. In 1985, Congress directed destruc- international community. It is count- late in the future, because the condition of these weapons. President ing on us to continue to lead the way. tions agreed to in the Senate Executive Reagan signed the law that would There are critics of this treaty, but Resolution allow Congress to control eliminate approximately 30,000 metric their criticism, I think, misses the future payments by granting it the au- tons of blister and nerve agents by the mark. This will not inhibit our busi- thority to authorize and appropriate year 2004. Even President Reagan, one ness, it will help our chemical business. any funds above this level. The cost of of the greatest advocates of a strong This treaty is not perfect, but it is a the CWC is reasonable, and certainly military, decided that chemical weap- better tool for controlling weapons less than the cost of ‘‘going it alone’’ ons were not needed to remain the than having no treaty whatsoever. We or entering a battlefield where chemi- most powerful fighting force in the are, I hope, committed to the path of cal weapons are being used. world. destruction of our own weapons and to Critics of the CWC claim that Amer- We have much to gain by ratifica- ensure that the rest of the world fol- ican private businesses will bear the tion. This treaty will force other na- lows this very prudent, indeed, noble brunt of the treaty provisions. How- tions to adopt the same standard as the course. ever, the U.S. chemical industry, the United States. The monitoring regime Vocal critics of the Chemical Weap- private business which will be most af- and trade restrictions imposed by the ons Convention claim that it is fatally fected by this treaty, heartily endorses convention will make the production flawed. They state that we should not its ratification. Contrary to what some and storage of chemical weapons by ratify this treaty because we will not have claimed, the burden on industry rogue states infinitely more difficult be able to verify that chemical weap- has not been discounted or ignored. and costly. The CWC improves our abil- ons are completely eliminated. Of The major trade associations which ity to keep our troops safe and makes course this treaty is not perfect. But represent the chemical industry, like the enemy more vulnerable by reducing we will have increased our capability the US Chemical Manufacturers Asso- its options of weaponry. to find and eliminate large scale pro- ciation, have actively worked with If we do not ratify the Chemical duction of chemical weapons which can those writing the treaty for the past 15 Weapons Convention, we will abdicate cause the most damage. The verifica- years. The chemical industry helped our leadership role in the world. As I tion regime will also enable us to dis- develop the confidentiality provisions, have said before, the United States ini- cover production and storage of small the data declarations and the inspec- tiated this treaty. It was American quantities of chemical weapons that we tion regime. Certain companies even leadership that led the negotiations have little or no chance of discovering participated in the National Trial In- through to completion. It would be ir- now. The CWC is not a panacea, but no spections to test the verification proce- responsible, both to Americans and the law or treaty is. It is a tool that can dures outlined in the Chemical Weap- world, to abandon the convention on help us solve a problem. Isn’t it better ons Convention. In addition, the condi- the eve of implementation. If we do not to use the tool to try and fix the prob- tions agreed to in the Senate Executive ratify this treaty tomorrow, the United lem rather than simply admit defeat? Resolution further protect businesses States will not be able to participate in Critics also contend that the treaty from unreasonable searches and sei- the executive council which will over- cannot be effective until all nations, zures and the dissemination of con- see the implementation of the treaty. particularly those who are known to fidential information. Less than 2,000 Furthermore, U.S. citizens will not be possess chemical weapons, ratify the facilities will be affected by the treaty, eligible to become international in- convention. It will be impossible to and the vast majority of these must do spectors and serve in other key posi- convince every rogue state to sign the no more than complete an annual two tions. The ratifying countries will be treaty. It is also safe to say that some page form. forced to carry on our idea without us, who sign the treaty will cheat. But the Opponents of the Convention claim and the United States will have no CWC is designed to isolate and cajole they are protecting American business choice but to stand aside and watch. those who do not join. The treaty uses interests. But American businesses Without our expertise and support, a most effective weapon against rogue seem to disagree. They fear, in fact, the entire convention may be jeopard- states—economics. Trade restrictions that the Senate will not ratify the ized. One of the key elements of the will be implemented against these na- treaty. Ironically, if we do not make treaty is intelligence gathering. The tions and they will soon be unable to the right decision tomorrow, our chem- United States has the most sophisti- acquire ‘‘dual use’’ chemicals which ical companies will become subject to cated intelligence network in the they need for the production of com- the same trade restrictions that will be world. If our country refuses to partici- mon items. As these nations begin to imposed on non-signatories such as pate, we deny our intelligence commu- feel the pressures from shortages, they Libya, Egypt, Iraq, North Korea, and nity the opportunity to tap into new may find it advantageous to sign the Syria. More than $600 million a year in sources of information and we may treaty. Trade restrictions are one of sales could be lost. Treaty critics are April 23, 1997 CONGRESSIONAL RECORD — SENATE S3531 protesting so loudly, they seem unable happened in the Tokyo subway with compliance costs—compliance costs, to hear the voices of the constituencies sarin gas. Let us not have it said on the cost of complying with this trea- they claim to protect. our tombstone that we knew but were ty—will place a massive new regu- We have overcome many hurdles to unwilling to take a first step. Let us, latory burden upon so many companies reach this point: Years of negotiations like the statesmen before us, take a who don’t even know it is going to hit among the nations of the world, first step to control weapons, to reduce them, along with an unprecedented on- months of negotiations among the weapons, to provide a more peaceful, a site inspections and data declarations leaders of this Nation. We are finally more dignified world. that may very well compromise trade debating this treaty on the floor of the Mr. President, I hope we will take secrets vital to the competitive edge of Senate today because we have agreed that first step and discharge our obli- many, many businesses. to an unprecedented 28 conditions—28 gation to the world and to the citizens So you see, we are dealing with a lot duties, declarations and understand- of this great country. of untrue, inaccurate statements. I am ings added to a treaty which was pro- On the eve of the vote to ratify another not saying everybody is deliberately posed, negotiated and agreed to by Re- historic agreement, one that seeks not just distorting the facts. In the media, they publican administrations. But, unfor- to limit weapons of mass destruction, but do not know what it is all about. I did tunately, five hurdles remain. Five eliminate them, the words of President Ken- see Helen Dewar the other day sitting nedy and Senator Dirksen still ring true. We conditions demanded by opponents of down and having lunch reading the have an obligation to take the first step. Let treaty. Bless her heart, she was trying. this treaty may prevent the United us do so. States from assuming its proper role of She looked up and said, ‘‘I’m trying to I yield back my time. understand this.’’ Well, Helen Dewar is leadership in an ambitious arms con- The PRESIDING OFFICER. Who a great reporter with a not so great trol treaty. These conditions unaccept- yields time? The Senator from North newspaper, but she was sitting there ably compromise the treaty and the Carolina. ability of the United States to partici- Mr. HELMS. Mr. President, I listened eating her lunch with the treaty before pate in its implementation. These con- in amazement to some of the state- her. I would like to take a poll of all the ditions are simply not fair play. Every ments being made today about a non- people who have commented on this member of this body has a right to op- existent treaty. The treaty before us I treaty and see how many of them have pose this treaty. They can voice their understand, but I do not understand even looked at it. That is the problem. opposition by voting against it and the descriptions that some are indicat- That is the problem. But at our hear- their opinion will be respected. But ing that they believe are accurate. ing the other day, a number of compa- Furthermore, I was astonished at the hobbling the ability of the United nies, including two members of the number of companies that will be re- States to ratify the Chemical Weapons Chemical Manufacturers Association, quired to provide annual business in- Convention strikes an unwarranted provided testimony relating to rising formation and undergo routine annual blow to international arms control and concerns about the chemical weapons inspections under this arms control our political process. I urge my col- treaty. leagues to vote against these five killer treaty, and that is what it is, an arms Now, then, here is a fact, indis- conditions. control treaty. putable: Companies will have to bear The Chemical Weapons Convention, Mr. President, 34 years ago, Presi- an entirely new reporting burden be- so-called, will affect companies en- dent John F. Kennedy undertook the yond anything required by, say, the gaged in coke, coal, steel production, challenge to convince the Senate and Environmental Protection Agency or mining, crop protection, fertilizers, the people of the United States of the Occupational Safety and Health paper production, wood preservation, America should ratify the Limited Test Administration or the International chlorine manufacturing, color pig- Ban Treaty. The same questions were Trade Commission or the Census Bu- raised about verification, about the re- ments, paint, ink, die stuff production, reau—and just name the various State liability of those who might sign the speciality coatings, powder and roof and local agencies that require reports. treaty or who might not sign the trea- coatings, plating and packaging, com- Nobody says that on Pennsylvania ty. In a nationwide television address, pressed gas, cosmetics, toiletries and Avenue about those reports, about the President Kennedy reminded us: fragrances, drug chemicals manufac- paperwork. Oh, no, we are not going to We have a great obligation . . . to use turing, pharmaceuticals, plastics, tex- mention that because they might ask whatever time remains to prevent the spread tiles, custom chemicals, food, wine, us too many questions. That is pre- of nuclear weapons, to persuade other coun- beer, processing and electronics, among cisely the problem. Everybody has been tries not to test, transfer, acquire, possess or others. dancing around the truth on this trea- produce such weapons. The list I just read, as long as it is, ty. As a consequence, too few Ameri- According to the ancient Chinese proverb, is not all of them. So anybody sitting ‘‘A journey of a thousand miles must begin cans understand the scope of it. in television land listening to this con- For those businesses that are cov- with a single step.’’ My fellow Americans, let versation in the Senate today, I sug- us take that first step. Let us, if we can, step ered, current reporting thresholds are back from the shadows of war and seek out gest, as the saying goes, wake up and much higher than those required under the way of peace. And if that journey is a smell the coffee and give some thought the CWC. Some regulations require thousand miles, or even more, let history about what is going to happen to the only prospective rather than retro- record that we, in this land, at this time, business community if, as and when active reporting. Moreover, several en- took the first step. this treaty is ratified. vironmental regulations—how do you Complementing the President’s It is not an ethereal thing that is like them apples?—will apply to the words, though, were the words of a very floating through the air, dropping lit- chemical producers but not to proc- wise, distinguished statesman of the tle rose petals, it is something that can essors or consumers. And reporting Chamber, Senator Everett Dirksen of bollix this country up. And yet what deadlines for the chemical weapons Illinois. In September of that year, you hear from so much of the media treaty are shorter and will require 1963, he came to this Chamber and and so much of the White House and more frequent updates than estimates began a speech, but threw the pages other proponents of this treaty is sim- currently required by the EPA. away and spoke spontaneously from his ply not so. So, if you would like to file reports heart and said: I note, however, that even this long with the EPA, you will file more re- list does not cover companies likely to A young President calls this treaty the ports with this chemical weapons trea- first step. I want to take a first step, Mr. be affected by the CWC, and I simply do ty. The regulations imposed by EPA President. One my age thinks about his des- not believe it advisable for the Senate and OSHA and all the others, in 1992 tiny a little. I should not like to have writ- to learn belatedly the far-reaching im- alone, 1 year, cost the chemical indus- ten on my tombstone, ‘‘He knew what hap- plications of this treaty for businesses try approximately $4 billion—$4 billion pened at Hiroshima, but he did not take a of all kinds across the United States of with a ‘‘B’’—$4.9 billion. first step . . .’’ America. As the April 15, 1997, hearing, Now, isn’t it a bit incredible that one We know what happened in World recently, before the Senate Committee major chemical manufacturer employs War I with poison gas. We know what on Foreign Relations demonstrated, 1,700 of its 50,000 personnel for the sole S3532 CONGRESSIONAL RECORD — SENATE April 23, 1997 purpose of satisfying Federal and State newspapers and on television about op- Mr. BROWNBACK. Seven minutes, if requirements for environmental and posing a treaty that the newspapers I could. regulatory data? That is why, Mr. and the television programs say is a Mr. HELMS. Seven, eight minutes. I President, I am concerned that while wonderful treaty. But I stood there, as yield to the Senator for that purpose. large, international chemical indus- I said earlier this afternoon, five times, The PRESIDING OFFICER. The Sen- tries such as those represented by the and I have taken the oath of office as ator is recognized. Chemical Manufacturers Association a Senator. A part of that oath, I say to Mr. BROWNBACK. I thank the Sen- may be able to afford the cost of the you, Mr. President, is to support the ator from North Carolina for yielding new regulations as a result of the rati- Constitution of the United States, de- to me for a few minutes to discuss this fication of this chemical weapons trea- fend it, and defend the American peo- critical issue in front of the U.S. Sen- ty, these same requirements will be ple. I have done my best to do that for ate, the Chemical Weapons Convention. proportionately far more burdensome every year that I have been here. I would like to state at the very out- for small businesses. That was the So as Don Rumsfeld, the former Sec- set of my statement that I would like point that Don Rumsfeld, former Sec- retary of Defense, emphasized in his to be on record that as to the earlier retary of Defense, made when he ap- testimony during his appearance, vote we had today of supporting the peared before the Foreign Relations which was unnoticed by the news CWC treaty that came to the floor ear- Committee. But that was kept a secret media, his appearance before the For- lier, that we had an oral vote on, that by the news media. They hardly eign Relations Committee, Don Rums- I support that treaty. I support it. And touched on anything that the four feld emphasized that the greatest I will go into the reasons why I sup- former Secretaries of Defense came and threat is not—is not—to the large, di- ported that and why I will have prob- testified to. Well, let me correct that. versified chemical manufacturers who lems ultimately voting for it if we do One of them, it was delayed at the last have the lobbyists lobbying for this not hold tightly to what hit the floor moment, sent a letter. treaty—you fall all over the lobbyists— earlier. Now then, there are roughly 230 small but it is going to be the threat to other Mr. President, I just want to talk businesses which custom synthesize companies that are trying to con- about this as a couple people would made-to-order products and compete centrate on a single market or a par- perhaps talk about it if they were sit- with the large chemical manufacturers. ticular technological nature. ting somewhere across this country, They generally have fewer than 100 em- A company whose profitability and somewhere in my State of Kansas, and ployees. They are small businesses, and economic survival derives from the how they look at the Chemical Weap- they have annual sales of less than $40 cost or quality advantage in one type ons Convention. million each. of process will be particularly vulner- I think they would sit down and ask Few, if any, of them can afford to themselves: If we enter into this Chem- employ the legions of lawyers just to able to industrial espionage. One other thing. For some companies ical Weapons Convention Treaty, will satisfy the new reporting requirements it be less likely for chemical weapons of this chemical weapons treaty. No- even visual inspection might reveal a unique process configuration of great to be used in the world or will it be body talks about that. Sandy Berger more likely for chemical weapons to be down at the White House has not even value to a would-be competitor. While big chemical businesses rou- used in the world? It seems to me that mentioned it. He is telling TRENT LOTT tinely undergo Federal inspections, the that is the real crucible that we have and all the rest what to do. Yet, Bob to decide this under: Is it more likely Dole writes letters, but they did not chemical weapons treaty will allow a whole cadre of international inspectors or less likely if we enter into this trea- talk about the details of the impact ty? and the burden to be piled on the small from countries routinely engaging in economic espionage to inspect hun- I take this treaty obligation very se- businesses of America. riously. I chair the Middle East Sub- It will not be reported in tomorrow’s dreds of facilities around the United committee for Foreign Affairs, the re- paper. You will not hear a thing about States on a recurring basis. gion of the world where perhaps you it unless you are looking at C–SPAN. Among the companies potentially have the most concentration and the That is one thing wrong with this hardest hit by treaty inspections will most potentially recent use of chemi- country today—no warning is given the be those companies that engage in cal weapons happening in a battle situ- American people about some of the ac- technologically intensive applications, ation. This is a very important issue in tions and some of the proposals that such as the biotechnology and pharma- that region of the world. It is a very come up in the Congress of the United ceutical sectors as well as the manu- States. facturers of commercial and military important issue in the United States as Mr. President, equally as important, aircraft, missiles, space-launch vehi- far as, are we going to be able to rid Senators should be careful to note that cles, and other equipment of a highly the world of these terrible, horrible the onsite inspection provisions of the sensitive nature. The economic integ- weapons of mass destruction? I take CWC increase the potential for com- rity of these companies is essential not that very seriously. So I have sat and I promising proprietary information only to the economic stability of the have visited with a number of people, which is offered as the very basis for a United States, don’t you see, but in experts on both sides. company’s competitive edge. Many many cases to our future national se- On Monday I did maybe an unusual companies will not survive if they had curity. thing for a Senator. I read the treaty. to do without their competitive edge. I, for one, was not surprised to have The parts of it I had not read, I have While it may be difficult to assess discovered that the Aerospace Indus- now read the treaty. I need to get on the potential dollar losses associated tries Association stated in a March 13, through the attachments, but I have with the inspections under the chemi- 1997, letter to the majority leader of gone through this. I have looked at the cal weapons treaty, it is clear, Mr. the U.S. Senate: arguments. I have looked particularly at the problems. I have looked at the President, it is absolutely clear, that We are very concerned, however, that the information gleaned from inspections application of the Convention’s reporting overall good aspects of it, and I want to and data declarations could be worth and inspection regime to AIA member com- say that I do strongly support the ob- literally millions and millions of dol- pany facilities could unnecessary jeopardize jectives of the Chemical Weapons Con- lars to foreign competitors. You better our nation’s ability to protect its national vention. We must oppose the use and believe that they will be digging for it security information and proprietary techno- existence of chemical weapons. There every time they get a chance. So that logical data. is just no doubt about it. They are an is what some of us have been talking At this point I am going to pause so abomination that needs to be removed about and some of us have been plead- that Senator BROWNBACK can be recog- from the face of the Earth. We all agree ing, let us get this thing straightened nized. on that. out before we make the mistake of We had several of those favoring the But it is actually for that reason, ratifying this treaty. treaty in a row, and I think it is fair however, that I have some great dif- Let me tell you something. I do not for Senator BROWNBACK to be recog- ficulties with one particular provi- enjoy having my shirttail on fire in the nized—for how long? sion—a number of them within the April 23, 1997 CONGRESSIONAL RECORD — SENATE S3533 treaty actually, but one in particular. ready pointing out the fact that actu- Long before the current debate on That is article X of this treaty. It is for ally that has already occurred under chemical weapons, in my college the- that reason, if that is left in this trea- some previous treaties—the Nuclear sis, which I wrote back at the Univer- ty, I do not think that I can support Non-Proliferation Treaty being one sity of Pennsylvania in 1951, on United the overall vote, if article X is left in. where the Russians now cite to us that States-Soviet relations, I was con- Let me say why. The Chemical Weap- treaty as a reason for them to sell nu- vinced by Prof. Hans Morganthau’s dic- ons Convention, if that is left in, I be- clear production capacity to the Ira- tum that ‘‘the objectives of foreign pol- lieve will have the exact opposite of nians, citing the very treaty we en- icy must be defined in terms of the na- the intended effect. And that is, as I tered into to stop this from taking tional interest and must be supported said at the outset, are we going to have place and that is used back against this with adequate power.’’ more chemical weapons used or less? If to try to expand. And now the Iranians As a U.S. Senator, I have long advo- article X is left in, I fear greatly we are having this capacity, we are trying to cated a strong national defense and going to have more use of chemical stop this nuclear generator from get- have worked to shape a comprehensive weapons taking place even though the ting fully online for the Iranians. And arms control agenda for the United purpose is exactly the opposite. the Russians cite a nonproliferation States as one arrow in our overall de- Let me say why. Article X requires treaty that they have to share this fense quiver. Ten years ago, in 1987, in Geneva, nations to share defensive technology technology with the Iranians. Switzerland, I was an observer to the regarding chemical weapons. It is That certainly is not the intent. I am U.S.-USSR nuclear disarmament talks. something that has been discussed at very fearful we will repeat the same That year I debated extensively with some length. The particular paragraph mistakes of history here. We have to many of my colleagues in the Chamber reads this way: stop the abomination of chemical the need for a broad interpretation of Each State Party undertakes to facilitate, weapons. We have to stop it in the United States. We have to stop it in the Anti-Ballistic Missile Treaty, and shall have the right to participate in, ABM. Many of those whom I opposed at the fullest possible exchange of equipment, the world. We have to stop the abomi- that time I now side with on the cur- material and scientific and technological in- nation of these weapons of mass de- rent issue. I still believe that the ap- formation concerning means of protection struction, these terrible weapons of proach for a broad interpretation to against chemical weapons. mass destruction being used. The way give the United States additional In other words, we are going to be to do that is to have a CWC treaty that power, an approach advocated by Presi- sharing technology, particularly defen- actually does it and doesn’t spread dent Reagan, was necessary and still sive technology, which is very high their use. And striking article X is the remains necessary to provide security technology in many of these areas. I way to do that. With that, even though fear that that technology is going to for our Nation. the treaty has a number of other prob- From my experience on the Senate more easily get into the hands of rogue lems, it is supportable. Without that, I Defense Appropriations Subcommittee, nations, like Iran. I am very concerned actually fear the opposite will occur. I have observed that strength is the about their getting weapons of mass And with that I would like to yield best guarantor of peace and that pru- destruction. back the time. dent arms control can provide an im- We had a hearing last week in the The PRESIDING OFFICER. Who portant basis for such strength. From Middle East Subcommittee regarding yields time? my work as chairman of the Senate In- the threat and the expansion of Iran’s Mr. BIDEN addressed the Chair. telligence Committee, I have seen the capacity for mass destruction. The Chi- The PRESIDING OFFICER. The Sen- ator from Delaware. wisdom of President Reagan’s view nese—and this is unclassified informa- that verification not trust is the realis- tion—have sold precursor chemical Mr. BIDEN. In 30 seconds, I will yield 12 minutes to my friend from Penn- tic basis for arms control. weapons to the Iranians. This has in Verification is an important issue in fact occurred. They do not use that sylvania. Mr. President, I am holding up in my this treaty. It is true that this treaty without defensive technology to sup- does not guarantee verification and no port their own troops, yet this treaty hand here a declaration form for those firms that face reporting requirements treaty has or can guarantee absolute will make the possibility of their get- certainty on verification. However, for production of discrete organic ting that defensive technology more ratifying this treaty gives us far great- chemicals, which applies to about 1,800 likely, if not even ordered within the er opportunity to verify through in- firms. It is three pages long. I will at a treaty. spections, data collection, and estab- later time read into the RECORD what You can say, wait a minute. That is lishing a norm for chemical arms reit asks for to show you how non-oner- just your interpretation. Well, let us duction. look at what Secretary Cheney has ous it is. Mr. President, I adhere to my posi- On one of the pages of instructions, said on this, former Defense Secretary tion on the need to secure a strong de- on the bottom of the page, it says, Dick Cheney, an admirable man, who fense for America. It is my belief that served in the House of Representatives, You do not have to declare unscheduled the Chemical Weapons Convention will also in the administration under Presi- discrete organic chemical plant sites that produce explosives exclusively, produce hy- complement the existing components dent Bush. He says this about this trea- drocarbons exclusively, refine sulfur-con- of our foreign policy which includes ty: taining crude oil, produce oligomers and our arms control treaties. As we con- [the] obligation to share with potential ad- polymers, whether or not containing PSF, tinue to work to protect our troops versaries like Iran, chemical manufacturing and produce unscheduled discrete organic abroad and our citizens at home from technology that can be used for military pur- chemicals via a biological or bio-mediated the threat of weapons of mass destruc- poses and chemical defensive equipment, process. tion, arms control is an important in- threaten to make this accord worse than This eliminates thousands of firms, gredient of a sound foreign policy. having no treaty at all. hundreds of firms at least. And so this Critics of the Chemical Weapons Con- Then he is joined, of course, as you is not nearly as onerous as it was made vention say the treaty provides a false know, by former Defense Secretaries out to be in my humble opinion. sense of security. On the contrary, no Schlesinger, Weinberger, Rumsfeld, I now yield with the permission of Senator has ever suggested that a sin- and others. my colleagues 12 minutes to the distin- gle treaty standing alone would ade- Now you say, well, this is not going guished Senator from Pennsylvania, quately deter aggressor nations. The to happen. That is just not going to Mr SPECTER. Chemical Weapons Convention is not occur. We are not going to have people The PRESIDING OFFICER. The Sen- perfect but we can build on it as a pa- selling them this sort of technology, ei- ator from Pennsylvania. rameter for dialog. Ratification cer- ther us or other nations. And maybe we Mr. SPECTER. Mr. President, I tainly does not mean that we are going will not do it. But will other nations thank my colleague from Delaware for to rest on our laurels. The United then step forward and sell this defen- yielding me this time. I have sought States did not stop moving forward sive technology? You say no, that will recognition to voice my support for the with strengthening our national de- not happen. There have been people al- pending treaty and to give my reasons. fense while we negotiated arms control S3534 CONGRESSIONAL RECORD — SENATE April 23, 1997 agreements with the Russians such as As we debate the merits of the treaty tory states, we will be speaking from the ABM Treaty, SALT I, and SALT II. and consider the outstanding amend- the position not of unilateral American In this combined approach we were suc- ments, I remind my colleagues of the action, but with the support of most of cessful. The nuclear threat today is importance of bipartisanship in foreign the nations of the world.’’ dramatically lower than it was a dec- affairs. We have traditionally said that I suggest to my colleagues that it is ade or two decades ago, and arms con- politics stop at the water’s edge and bi- a matter of considerable importance in trol agreements are a critical part of partisanship in foreign affairs is of protecting American troops from the that strategy. critical continuing importance. It is ravages of chemical warfare, which the Similarly, we must not stop at mere the role of Senators to shape a climate gulf war troops may have been exposed ratification of the Chemical Weapons of bipartisan support for treaties of to. Convention in our quest to destroy ex- this magnitude. To work with the ad- Now, we must ask ourselves, if we isting and prevent the production of ministration and our colleagues to had this treaty in place beforehand, new chemical and biological weapons. craft an agreement that will serve the would we have at least averted or mini- One area of the treaty critics often needs of the United States in both the mized the effects of chemical agents on point to as being particularly det- long and short terms. Two of our note- our troops? We will never know the an- rimental to the United States is the worthy predecessors, giants in the Sen- swer to this question with certainty, search and seizure provisions of the ate, one Republican and one Democrat, but we owe it to our Nation to reach Chemical Weapons Convention which Senator Arthur Vandenberg and Sen- out for every possible means of reduc- they claim is unconstitutional. ator Scoop Jackson exemplify how bi- ing the threat of chemical and biologi- This is a subject that I have worked partisanship can work to the better- cal weapons. United States ratification on extensively since Mapp versus Ohio ment of our country. Their willingness of the Chemical Weapons Convention, came down in 1961 imposing the burden to look beyond the confines of partisan however, may certainly constrain the on States not to admit evidence seized politics provides the model for us today further development of chemical weap- as a result of an unconstitutional as Republicans to support the ratifica- ons by countries like Iraq. search and seizure. At a time when I tion of the Chemical Weapons Conven- Mr. President, it is obviously impos- was an assistant district attorney in tion. sible to craft a comprehensive treaty Philadelphia and later as district at- And I note, Mr. President, the state- that meets the satisfaction of all peo- torney of Philadelphia, I worked on ment today made by our former major- ple. I respect those who have spoken these issues very, very extensively. ity leader, Senator Robert Dole, in sup- against the treaty. I disagree with Under this treaty, an international in- port of the treaty. them, but I respect the sincerity of spection team would be allowed to There is another much more recent their views. Yet, with the appropriate search a U.S. facility to determine example of why ratification of the assurances given about some of the whether or not a chemical agent is treaty falls outside traditional par- finer points of the treaty on objections being diverted to use in noncompliance tisan politics and that is the potential with the treaty. Similarly, that obliga- use of chemical agents against U.S. which have been raised by opponents, tion, that inspection would be avail- troops. This is an issue about which I most of which have been satisfied, on able for other nations. am all too familiar. As former chair- issues such as constitutional rights, we After careful review of the provisions man of the Senate Intelligence Com- as a Nation, I submit, should take the of the treaty, I am personally confident mittee and as the current chairman of moral high ground. We should ratify that the language does not conflict the Veterans’ Affairs Committee, I the treaty, or we will be categorized with the fourth amendment of the U.S. have chaired several hearings on gulf with the likes of Iraq and Libya. I am Constitution but, rather, is in accord war syndrome. I have traveled exten- not advocating that we ratify the with that amendment. The language on sively throughout Pennsylvania and Chemical Weapons Convention instead search and seizure as negotiated by the have heard from gulf war veterans who of pursuing other forms of protection. administration and Members of the have been unable to explain the cause But it is one important point of protec- Senate states that in cases where the of their illnesses. And many gulf war tion. The Chemical Weapons Conven- search is challenged, the U.S. Govern- veterans across the Nation echo simi- tion is just one more tool for the Unit- ment will first obtain a criminal lar complaints. Believe me when I say ed States as we work toward a more search warrant based upon probable that their suffering is very real. vigilant defense for our Nation. We cause. So that in any situation of chal- Last year, this issue was addressed in have come a long way in making this lenge, the search will have to measure great detail at a joint hearing of the treaty work for the best interests of up to the tough criminal standard. In Senate Intelligence Committee and the the United States of America. cases of routine inspection, the U.S. Veterans’ Affairs Committee. This year I urge my colleagues in the Senate to Government will obtain an administra- a number of hearings have been held vote to ratify this convention. tive search warrant from a U.S. mag- both in Washington and across Penn- (The remarks of Mr. SPECTER per- istrate judge. sylvania. And more recently, a few taining to the introduction of the legis- Through the months preceding this days ago, on April 17, Gen. Colin Pow- lation are located in today’s RECORD debate, opponents have raised a num- ell testified before the Veterans’ Af- under ‘‘Statements on Introduced Bills ber of issues. These include suggestions fairs Committee on this important and Joint Resolutions.’’) that the treaty plays into the hands of matter. While we can still not verify Mr. BIDEN. Mr. President, in the rogue nations like Libya and North the cause of these illnesses, there are spirit that these negotiations began Korea, that it facilitates the transfer indicators that American troops may with me and the chairman of the com- of military chemical technology to ag- have been exposed to chemical agents. mittee and Senator KYL, we have con- gressive countries and prohibits our During the course of the hearing with tinued that spirit. The next speaker we troops from the use of riot control General Powell, I asked him what ef- have is undeclared. So we have agreed agents. fect if any the Chemical Weapons Con- for a total of 7 minutes he will get. We There is now agreement on these is- vention would have had on Iraq if the ask unanimous consent that 31⁄2 min- sues among all the parties involved in United States had ratified the treaty utes be taken out of the time of the negotiating the set of conditions now before the gulf war and the treaty Senator from Delaware and 31⁄2 minutes contained in the proposed resolution of would have been in effect. out of the time of the Senator from ratification. The Chemical Weapons We will never know with certainty North Carolina. Convention will actually make it more the answer to that question. Iraq is a The PRESIDING OFFICER. Without difficult for rogue states to make rogue nation, and it is difficult to objection, it is so ordered. chemical weapons. The treaty has pro- imagine them as signatories. But Gen- Mr. BIDEN. Further, Mr. President, hibitions in place to prevent industrial eral Powell was quick to point out that before I yield the floor to my friend espionage. Concerning riot control the Chemical Weapons Convention from Washington State, we are trying agents, the treaty sets sound guide- works to strengthen America’s hand. to work out a unanimous-consent lines on what agents may be used and He noted, ‘‘In the future, when we agreement on the total 10 hours. I am when such agents may be used. deal with rogue states or with signa- not propounding such an agreement. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3535 But we are hoping we can work out an Weapons Convention does not lead to a The PRESIDING OFFICER. Who agreement, whereby in the closed ses- false sense of security—a false sense yields time? sion tomorrow, the so-called secret ses- that is going to be there no matter Mr. LAUTENBERG addressed the sion that will take place tomorrow, what we do, but is at least limited by Chair. which will be a 2-hour session, that some specific promises on the part of The PRESIDING OFFICER. The Sen- that time not be counted against the 10 the administration. ator from New Jersey. hours in the UC for debate on chemical Second, the clarification of the affect Mr. LAUTENBERG. Mr. President, I weapons. of the convention on the use of riot yield myself 7 minutes in accordance Again, I will leave it in the able control agents. with the understanding on the floor hands of my friend from Arizona to de- Third, and vitally important to us now. termine whether the Republican leader and to our constitutional rights, are The PRESIDING OFFICER. The Sen- is amenable to that, but colleagues the fourth amendment protections ator is recognized for 7 minutes. who may be listening hopefully were against unreasonable searches and sei- Mr. LAUTENBERG. Mr. President, able to do that. The reason I stand up zures. while the Senate debates one of the to say that, if they are not, each of us That is not to say that the other 25 most important arms control treaties only have about 55 minutes left tomor- conditions aren’t important, Mr. Presi- in our history, various issues come into row in this process. So for the col- dent, but these 3, at least, have been play. It is obvious that the Chemical leagues who wish to speak, I want particularly significant, in my view, as Weapons Convention will ban an entire them to understand that I am not I have listened to both sides during the class of weapons of mass destruction. It going to have the time to give them if course of this debate. prohibits the full spectrum of activi- Nevertheless, I am not yet willing at in fact this doesn’t happen. This is by ties associated with the offensive use of this point to commit to voting in favor way of disclaimer this evening, so to- chemical weapons, including develop- of ratification because of my deep con- morrow morning my colleagues won’t ment, production, acquisition, stock- cerns with articles X and XI of the con- come in and say: Joe, you promised me piling, and assistance to anyone engag- vention, and the proposition that they time. ing in these activities. It requires that might well force the United States to I think we can work it out. the destruction of chemical weapons Mr. President, we now yield a total of share technologies and allow the world, begin within 1 year and it be completed by its sale of chemicals, to a far great- 7 minutes, 31⁄2 from each side, to the within 10 years. distinguished Senator from the State er extent, and those technologies and Mr. President, there is no doubt in of Washington. chemicals may be sold at least by re- my mind that the United States should The PRESIDING OFFICER. The Sen- sponsible and free nations in the world join a treaty we helped to shape and ator from Washington is recognized. today under the aegis of the Australia which enhances our security. I am Mr. GORTON. Mr. President, I thank Group. going to vote for it. Now, with the It would be ironic indeed if, in the my colleagues. I want to introduce my Chemical Weapons Convention and our guise of passing a treaty or a conven- remarks by expressing my view that leadership, other nations will follow tion to lessen the opportunity for the this has been a remarkably thoughtful the lead that we set years ago by giv- use of chemical weapons in the future and important debate in the finest tra- ing up chemical weapons. we actually enhanced it by assisting ditions of the Senate, not only here on Rogue nations and terrorist coun- those nations that are willing to sign the Senate floor but during the months tries will have a harder time acquiring the convention but which, like Iran, leading up to it. Perhaps one of the or making chemical weapons, and new have shown, without the slightest abil- reasons for that is that all Members tools will be available to prevent and ity to contradict the proposition, that are united in detesting the use of punish them if they try. That is a they do not regard any treaty, any con- chemical weapons, divided only by vention, as binding on them, and who noble goal. their views on how best to succeed in One of the arguments that we have are more likely than not to use the heard against ratifying the Chemical reaching that goal, and working to- convention to advance their own abil- ward reaching that goal with a high de- ity to violate it. Weapons Convention is that it will gree of good will and accommodation And so, Mr. President, as I make up force some industries —one in particu- to one another. So, essentially, from my own mind during the course of the lar—to bear an unusual burden. I want the beginning, the only real question next 24 hours, it is the impact of arti- to address this for a few minutes be- has been: Does this convention advance cles X and XI that cause me the great- cause I don’t believe it is true. To the or inhibit the cause of limiting or est degree of concern. I don’t believe contrary, the chemical industry will eliminating the use of chemical weap- that we can simply strike them from bear an undue burden if the United ons all around the world? the treaty. That vote tomorrow seems States fails to ratify the CWC. I want Mr. President, at the very beginning to me to be the equivalent of saying, to explain why. of the debate when the convention was no, of killing the convention in its en- If the Chemical Weapons Convention first submitted to the Foreign Rela- tirety. I do believe, however, that we goes into effect without the United tions Committee, I was inclined to fall should continue to work toward clari- States a party, strict trade restrictions on the side of that debate that said fication and understandings on the designed to pressure rogue states to that the convention probably was part of the administration, as I know join the convention would spell disas- worse than nothing because of the the majority leader is doing in this, as ter for the U.S. chemical industry. overwhelming false sense of security it he has in many of the other question- Reasonably enough, neither Presidents created, a sense of security that it able elements of this convention, so Reagan nor Bush ever foresaw that the could not match in its provisions on a that we can be assured that the United U.S. Senate might decide to place the wide range of activities attempted to States at least will not be required to United States outside of the treaty, be covered by it. do something that will undercut its along with countries like Iraq, Libya, But as we vote tomorrow, Mr. Presi- own security and that of its friends and and other rogue nations. dent, I don’t believe we are going to be neighbors by the convention, that it is But the fact is that treaty provisions voting on the original bare bones un- not required to do in the absence of prohibiting members from trading with derstanding of the convention. The ad- that convention. nonmembers in certain chemicals that ministration and the proponents on So if my concerns with respect to the have both commercial as well as mili- this floor have agreed to some 28 condi- actual impact in the real world of arti- tary uses would put at risk as much as tions, or explanations, or interpreta- cles X and XI are met, I will vote to $600 million a year in two-way trade by tions of the convention, each of which ratify the convention. If they are not, American chemical companies, and has contributed to a greater degree of it will remain, in my mind, a situation many jobs. comfort with the balance of the con- in which the convention increases our I will repeat that. Should the U.S. vention and its ratification. Three are danger rather than obviates them. Senate fail to ratify the treaty, as particularly important to me. One With that, Mr. President, I yield the much as $600 million a year in Amer- measure ensures that the Chemical floor. ican export and import sales would be S3536 CONGRESSIONAL RECORD — SENATE April 23, 1997 placed at risk as a result of sanctions cent of the 2,000 American companies weapons and foreswore their use even against American companies. that will be covered by the treaty—the in retaliation upon the Chemical Weap- On April 15, Fred Webber, who is the treaty will require them to do little ons Treaty entering into force. president and CEO of the Chemical more than fill out a two-page form Many of those who have spoken out Manufacturers Association, testified in once a year. Only about 140 companies against this treaty imply that posses- support of this treaty. He said: are likely to be subject to routine in- sion of chemical weapons is the only The industry I represent is America’s larg- spections. deterrent against a chemical weapons est export industry, with over 1 million In addition to the protections nego- attack by an adversary. However, in American jobs * * * we know how this treaty tiated by industry and already in the the judgment of our political and mili- affects our commercial interests. * * * We treaty, the Senate will be adding five tary leaders, our Nation does not re- began with many of the same concerns about additional protections. quire chemical weapons to defend our the treaty that have been voiced here. We Under additional conditions that will worked hard to protect U.S. industrial inter- Nation. In fact, the United States has ests, especially proprietary information. be added by the Senate, if an employee already begun the process of destroying We helped develop the protocols guiding of the Organization for the Prohibition all our chemical weapons. Our Nation the treaty’s inspection and recordkeeping re- of Chemical Weapons willfully dis- reserves the right to retaliate against a quirements, and we put those protocols to closes U.S. confidential business infor- chemical weapons attack with over- live-fire tests over and over again. * * * In mation that causes financial harm to a whelming conventional force or any summary, we believe the treaty is not a U.S. business, the President is required other means at our disposal. The Unit- threat to U.S. business. to withhold half of the U.S. contribu- ed States can and will defend itself Not only does the CWC have the sup- tion to the organization until that em- against any foe armed with a weapon of port of the Chemical Manufacturers ployee’s immunity from prosecution is mass destruction. We do not need these Association, which represents 193 waived. This will serve as a deterrent ghastly weapons to ensure the safety of chemical manufacturing companies, to breaches of confidential informa- our military personnel and our Nation. accounting for more than 90 percent of tion. Mr. President, I also believe it is im- the Nation’s productive capacity for To reduce the risk of industrial espi- portant to note this treaty was nego- basic chemicals, it has the support of onage, samples collected during inspec- tiated and signed under two Republican the Chemical Industry Council of New tions in the United States cannot be Presidents and transmitted for ratifi- Jersey and the Synthetic Organic analyzed in a foreign laboratory. The cation under a Democratic President. Chemical Manufacturers Association, President would be required to certify The Chemical Weapons Convention is with over 260 member companies. annually that the CWC is not signifi- an example of how U.S. foreign policy It also has the support of the Phar- cantly harming the legitimate com- maceutical Research and Manufactur- can be bipartisan and how both parties mercial activities and interests of can act outside the shadow of political ers of America and its 100 plus member chemical, biotechnology, and pharma- companies, and the Biotechnology In- maneuvering when it is in the best in- ceutical firms. terests of our Nation. Presidents dustry Organization and its 650-plus The Senate would support the provi- Reagan, Bush, and Clinton realized the member companies and affiliated orga- sion of assistance to U.S. business by benefits we receive under a treaty ban- nizations. It has the support of the the On-Site Inspection Agency. And, ning the possession of chemical weap- Council for Chemical Research, the the Senate would be informed promptly ons could far outweigh any costs in- American Crop Protection Association, of the proposed addition of a chemical curred by our industries and Nation. the American Institute of Chemical to any of the CWC’s schedules and the Engineers, and the American Chemical anticipated effect of such a proposal on No treaty is perfect. As with other Society. U.S. industry. treaties, the Senate has included condi- Mr. President, the point I am trying Mr. President, this treaty enhances tions to the resolution of ratification to make is simple—the Senate cannot America’s security. It is the right which I believe strengthen this accord. refuse to ratify the CWC in the name of thing to do, and I urge my colleagues But opponents of the convention have industry. American industry supports to ratify it without delay. added five conditions meant not to im- this treaty. It does not believe it places I hope that my colleagues will stand prove but to kill the treaty. These five an unfair burden on companies in this up and say this is good for America, provisions must be struck from the country. that it is good for humanity, and that treaty if we are to receive the national In fact, U.S. companies view the con- they will ratify this treaty without security benefits the CWC offers our vention as an asset because it offers a delay. Nation. way to dissociate themselves from I thank the Chair. I yield the floor. The opposition to this treaty centers chemical weapons production and to be Mr. KERREY. Mr. President, I rise on three questionable and contradic- good corporate citizens by helping to today in support of the Chemical Weap- tory points. First, opponents state that eliminate these abhorrent weapons. ons Convention. While some of my col- since this treaty is not absolutely veri- American industry even participated leagues may have other means of meas- fiable, the U.S. Senate should not rat- in the treaty negotiations and helped uring this convention, I believe when ify it. Second, contradicting the first write the rules covering inspections we consider any arms control treaty, point, opponents state this treaty’s and confidential business information. the main concern must be how it will verification regime, while not strict Its top priority during the negotiations affect our national security. I support enough, nevertheless places too much conducted by the Reagan and Bush ad- this treaty because, on balance, our of a burden on our chemical industry. ministrations was ensuring that any Nation’s security will be vastly im- And, third, opponents state that since burdens on business would be reason- proved in a world where chemical rogue nations may either not join the able and that trade secrets would be weapons are outlawed than in a world Chemical Weapons Convention or will protected. To ensure that the protec- where the possession of these horrible not comply with the treaty once they tions against unreasonable searches weapons remains an acceptable prac- become signatories, this treaty does and seizures and industrial espionage tice. not further our national security inter- would be strong, the chemical industry I believe it is important for all in ests. I believe they are wrong on all tested the treaty during seven full- this Chamber and for the public at points. fledged trial inspections at chemical large to realize that today the United No treaty—be it an arms control facilities. It ensured that warrants States is committed to destroying all treaty, a trade treaty, or a humani- would be required when a company of our chemical weapons. Under a law tarian treaty—is completely verifiable. would not consent to a search and that passed by Congress and signed by If absolute verifiability is the marker, the treaty would protect sensitive President Reagan in 1985, we will de- no treaty could attain that ideal and equipment, information, or areas not stroy all of our chemical weapons our Nation would never experience the related to chemical weapons during a stockpile by the year 2004. Further, in varied benefits we now gain from trea- challenge inspection. For most compa- 1991 President Bush committed the ties such as the SALT Treaties, the nies in this country—more than 90 per- United States to banning chemical START Treaties, GATT, NAFTA, the April 23, 1997 CONGRESSIONAL RECORD — SENATE S3537 Convention on Fishing, or the Conven- their support for the Chemical Weap- against the possession of chemical tion on Literary and Artistic Copy- ons Convention. weapons will assist our own Nation’s rights. Absolute verification should not Opponents also argue that since continuing efforts against this abomi- be the measure of the CWC or any rogue nations can be expected not to nable class of weapons. other treaty. Instead of insisting on ab- join in the CWC or will not comply Taken together, the benefits we gain solute verification, our Nation has re- with its provisions the United States from ratifying the Chemical Weapons alized the strength of a treaty lies in should not endorse this treaty. This ar- Convention far outweigh the minimal the enforcement of the treaty and the gument overlooks the fact that even if costs of implementing this treaty. The measure to be taken if a party violates the Chemical Weapons Convention does strict verification regime, increased a treaty. America’s treaties work be- not enter into force these same rogue opportunities for our intelligence agen- cause our treaty partners know the full nations can develop and produce chem- cies, the prohibition of exports to non- power of the United States lies behind ical weapons. Without the CWC we will member nations, and the force of inter- the conventions and we do not hesitate still face this same threat. national law complementing the Unit- to protect our national interests by en- Yet, if we ratify the CWC and are vig- ed States’ individual efforts will help forcing their provisions. orous in its enforcement, the United protect our citizens and our national When considering ratification of an States will have a much improved abil- interests. arms control treaty, the question must ity to identify clandestine chemical We have already made the decision be whether on balance the verification weapons programs. The nature of that possession and use of chemical system is strong enough to signifi- chemical weapons make it possible to weapons is not in the security interests cantly increase our national security. produce them in facilities as small as a of our Nation. We have determined the It is a simple fact that the verification high school laboratory or even a ga- United States has the means and the measures included in this treaty are rage. Because these weapons of mass will to protect our forces and our Na- the most stringent and most intrusive destruction can be produced in small tion without this type of weapon. It is of any multilateral arms control agree- areas, the intelligence community time now to compel the other nations ment currently in place. While still not today faces extreme difficulties in lo- of the world to abide by these same powerful enough to allow searches of cating programs already underway in rules. every warehouse, laboratory, or garage rogue nations. However, as the Senate Mr. President, I have weighed the ef- in the world, the means to be employed Select Committee on Intelligence fects of the Chemical Weapons Conven- under the CWC are the most thorough noted in its September 1994 report on tion on our national security and I be- and most rational ever to be included this issue, under the Chemical Weapons lieve our Nation is safer with this trea- in a multilateral international agree- Convention, the United States Govern- ty than without it. It is my hope my ment. ment will gain important new access to colleagues will also realize that our na- The Reagan, Bush, and Clinton ad- useful information, relevant to poten- tional security interests lie in ratifica- ministrations all realized the nature of tial CWC threats to the United States, tion, not in maintaining the status quo chemical weapons and their production that would not otherwise be obtain- of a world where possession of chemical created the need for a stringent system able. As Acting Director of Central In- weapons remains acceptable under to verify compliance with the CWC pro- telligence George Tenet told the Intel- international law. I yield the floor. visions. And yet, some safeguards and ligence Committee on February 5 of Mr. JEFFORDS. Mr. President, this limitations on the verification system this year, the CWC will give our intel- is a day many of us have been waiting would have to be put in place in order ligence community more information for for a long time. After having been to protect companies engaged in legiti- and more tools to use in our efforts to thoroughly reviewed by the relevant mate chemicals from unwarranted combat those who would use these hor- Senate committees, both in the last hardships. Under President Bush’s di- rible weapons. Congress and this one, the Chemical rection, the proper balance was struck The Chemical Weapons Convention’s Weapons Convention has finally come between the strength and rigors of a regular inspection process and its abil- to the Senate floor for debate and a verification regime on one hand and ity to perform challenge inspections on vote. the intrusiveness of that same system short notice are very powerful means This is a complex and controversial on our industry and Nation on the of catching parties breaking the trea- treaty and I thank Senator HELMS, other. Under the Chemical Weapons ty. The convention also includes varied Senator BIDEN, and others for their Convention, measures are in place reporting requirements on the produc- hard work on the resolution of ratifica- which will severely increase the likeli- tion and use of toxic agents and precur- tion. The 28 conditions and provisions hood an illicit producer of chemical sor chemicals which may help the in- on which they have agreed go a long weapons will be caught while ensuring telligence agencies to locate clandes- way toward protecting American inter- that any company that produces or tine production of chemical weapons. If ests and making this an even better uses potentially dangerous chemicals the Chemical Weapons Convention is treaty. While I have reservations about will not be unnecessarily burdened. ratified and we use it to our advantage, the remaining five provisions, I am Mr. President, some opponents argue the intelligence community will have pleased that the Senate will have the that the treaty has it wrong both another important tool with which to opportunity to openly discuss and de- ways—they claim it is not intrusive fight the battle against these weapons. bate these before moving to a final enough to be completely verifiable and If we do not ratify the convention, we vote. I believe that when the facts also claim the costs incurred by indus- will forgo a better chance to win a bat- come to light, those who are undecided try are too great under the verification tle we must fight whether or not this will vote to ratify the treaty. regime. While the nature of all treaties treaty is in effect. I think I can safely say that no one makes them correct on the former The CWC will help protect our citi- in this body supports the production or point, since no treaty can reasonably zens by increasing the likelihood that a use of chemical weapons, even as a de- be considered absolutely verifiable, the potential cheater would be caught terrent. That is not what this debate is Chemical Manufacturers Association, under its inspection processes. But the about. What it is about is what we get which represents hundreds of chemical CWC helps our national security in for what we give up. In other words, is companies, and hundreds of individual other ways as well. Three years after the extra protection from chemical chemical companies on their own have entry into force, the Chemical Weapons weapons that this treaty affords us expressed their support for this treaty. Convention prohibits parties from ex- worth the financial cost and the regu- If the vast majority of companies porting high risk precursor and toxic latory burden required to implement that produce or use chemicals pro- chemicals to countries not belonging the treaty? nounce their support for this agree- to the CWC. This will further limit the Well, let’s take a look. First, what do ment, I do not believe we should claim ability of nonsignatory countries to ac- we get? the treaty is unduly burdensome on quire chemicals which could be turned Above all, we get enhanced national these companies. They know what is in into a lethal gas. Finally, the power of security. The treaty requires all sig- their own interest and they have stated international law created by the CWC natories to do away with chemical S3538 CONGRESSIONAL RECORD — SENATE April 23, 1997 weapons and to refrain from any future violations, and stiffened international genuinely bipartisan. In that year, the production. We have already commit- resolve in addressing this global prob- final year of the Johnson administra- ted to destroy our own chemical weap- lem. tion, international negotiations began ons stocks, so why shouldn’t we grasp That’s a pretty valuable package. in Geneva to build on the 1925 Geneva an opportunity to require others to do What do we give up to get it? Well, we Protocol and try to reduce the produc- so as well? I think this is a compelling must pay our share of the costs for ad- tion of chemical weapons. In the 1970’s, argument. So do a few other people ministering the treaty and carrying President Gerald Ford had the vision who know something about national out required inspections. We must also to take that initiative a major step for- security matters: General Powell, Gen- underwrite costs associated with pre- ward during intense international ne- eral Schwarzkopf, and every living paring U.S. military facilities for in- gotiations. former Chairman of the Joint Chiefs of spection. I understand that the Con- President Ronald Reagan advanced it Staff. Believe me, if this treaty weak- gressional Budget Office has estimated to the next stage with his efforts on ened the United States in some way that implementation of the CWC would arms control in the 1980’s. And Presi- these distinguished Americans would cost the U.S. taxpayer about $33 mil- dent Bush deserves high praise for em- not support it. lion a year. That’s about one-twentieth bracing the ideal of eliminating chemi- With a reduction in the number of of the amount that we spend every cal weapons, for making it a serious chemical weapons we also get in- year on chemical and biological weap- worldwide effort, and at long last creased protection for U.S. troops. We ons defenses. I think that’s a reason- bringing it to the stage where it was have a responsibility to our brave men able investment to reduce the core ready to be signed. In one of his last and women in uniform to do all we can threat against which these defenses are acts in office, George Bush signed the to protect them as they put their lives needed. treaty, on January 13, 1993. on the line for our freedoms. We spare The treaty does impose additional re- President Clinton formally submit- no expense to provide them with the porting and inspection requirements on ted the Chemical Weapons Convention best chemical weapons defenses pos- American businesses in the chemical to the Senate for its advice and con- sible. By the same token, we should do field. This is regrettable but necessary sent later that year. Now, it’s our turn. all we can to reduce the actual threat if we wish to have a serious verifica- Today and tomorrow, in a series of tion regime. It’s worth noting, though, of a chemical weapons attack on them. votes, the Senate can and should join that the U.S. chemical industry was Recognizing this, a number of the in this historic endeavor to rid the closely involved in the negotiation of country’s most prominent veterans’ world of chemical weapons. We can be- the treaty and strongly supports it. I groups and military associations have stow a precious gift on generations to am sympathetic to the concerns ex- spoken out in favor of the CWC, includ- come by freeing the world of an entire pressed by smaller businesses affected ing the VFW and the Reserve Officer class of weapons of mass destruction. by the treaty but believe that some Association. They recognize the extra The chemical weapons treaty bans treaty opponents have vastly exagger- protection this treaty provides our the development, production, stock- ated the additional regulatory burden troops in the field. piling, and use of toxic chemicals as involved. As I understand it, the vast The CWC also improves our ability to weapons. Previous agreements have majority of these businesses will need detect chemical weapons production by merely limited weapons of mass de- do no more than submit a short, basic others. This treaty boasts the most in- struction. But the Chemical Weapons informational form annually. And only trusive verification regime of any arms Convention sets out to eliminate them a handful are likely to be inspected in control agreement ever. Will it enable from the face of the earth. any given year. This is a small price to us to sniff out every violation, every The United States has already taken pay for the many benefits of the trea- criminal effort to produce these hor- many steps unilaterally to implement ty. rible weapons? Of course not. But it Finally, I would like to address the a ban of our own. As long ago as 1968, will give us a powerful new tool to argument that the United States this country ordered a moratorium on check up on those who seek to employ should withhold ratification until Rus- chemical weapons production. chemical weapons, something that is sia and all the so-called rogue states When President Bush signed the trea- important to the intelligence commu- sign and ratify the treaty. The issue is ty on behalf of the United States, he nity. Opponents point out that U.S. in- not whether we should press these also ordered the unilateral destruction telligence agencies cannot absolutely countries to join the treaty—of course, of the U.S. stockpile of these weapons. guarantee they will be able to detect we should—but how to most effectively Regardless of the treaty, the United treaty cheaters. This is true. But it is achieve this goal. Does anyone really States is destroying its chemical weap- also true that the treaty will signifi- think that withholding U.S. ratifica- on stockpile. cantly improve our ability to uncover tion will convince these countries to Today and tomorrow culminate violations. Let’s not make the perfect sign up? Standing on the sidelines with many years of work and compromise. an enemy of the good. arms folded will only give encourage- The Senate has held 17 hearings on the Finally, the CWC also stiffens inter- ment to those who want to ignore this convention. Every issue has been ex- national resolve to deal with the chem- treaty and continue making chemical haustively analyzed. The result is the ical weapons threat. Every signatory weapons. The United States is a world shootout that the leadership has ar- will be required to enact legislation leader and should act like one. We ranged for the next 24 hours. cracking down on terrorists and crimi- should not allow thugs like Qaddafi Bipartisan negotiations have nals who use or threaten to use poison and Saddam Hussein to dictate our ap- achieved agreement on 28 amendments gas, as well as the unsavory business- proach to national security matters. to the treaty, none of which go to the men who traffic in these dangerous Mr. President, this treaty is good for heart of the treaty and many of which chemicals. Last week the Senate America and good for the world. It’s help to clarify it. passed a bill which would tighten U.S. not perfect. What international treaty But five major issues have not yet laws in this area. Isn’t it in our inter- is? But it serves our interests and im- been settled. The five amendments, on est, in this ever-shrinking world, to proves our security. For these reasons, which we will vote tomorrow, seek to make sure that others also toughen I will vote to ratify and encourage my settle differences of opinion the wrong their laws against chemical weapons colleagues to do the same. way. They are killer amendments. I production? Moreover, a broadly ac- Mr. KENNEDY. Mr. President, the 29- hope the Senate will vote ‘‘no’’ on each cepted international regime outlawing year-old pursuit for a chemical weap- of them. If any one of them passes, it this class of weapons altogether will ons treaty has finally reached its mo- will doom our participation in the trea- put us on a much stronger footing to ment of truth in the United States ty, and relegate us to the company of respond to serious violations, including Senate. Few votes cast in this Congress outlaw regimes like North Korea and by force if necessary. or any Congress are likely to be more Libya, who also reject the treaty. So with the CWC we get enhanced na- important. Two of the killer amendments conditional security, better protection for The effort to achieve this treaty was tion our participation on whether U.S. troops, improved ability to detect launched in 1968, and its history is other nations—Russia, Iran, Iraq, April 23, 1997 CONGRESSIONAL RECORD — SENATE S3539 Syria, and China—have already become treaty. I also want to commend the easily approved by the Senate. Unfor- participants. Essentially, they would majority leader for working diligently tunately, opponents of the convention hand over U.S. security decisions to with both sides to bring this treaty to have distorted the facts surrounding those nations. the Senate floor for consideration. No this treaty, and it is possible that the A third killer amendment arbitrarily matter where one stands on this issue, United States will fail to ratify the excludes all representatives from cer- we all agree that it is proper for this treaty that it initiated. tain other countries from participating debate to take place while our Nation I strongly believe that the Chemical in verification inspections. This can still become a full participant in Weapons Convention is an effective amendment ignores the ability that the convention. tool for combating chemical warfare, the treaty already gives us to reject I think that it is only appropriate and I hope that my fellow Senators will any inspectors we believe are not trust- that we are having this debate 1 week look beyond the rhetoric of the trea- worthy. after we commemorated the second an- ty’s detractors and look at the positive A fourth killer amendment omits and niversary of the bombing of the Murrah things that this measure would accom- alters other key parts of the treaty Federal building in Oklahoma City. plish. that deal with the export of certain That singular event made us all aware The Chemical Weapons Convention materials. Its proponents fear that that we are vulnerable to terrorism on bans the development or transfer of rogue nations may gain valuable tech- our own soil. We also remember when chemical weapons by member nations. nology from us. Nothing in the conven- terrorists launched a chemical attack It also requires participating states to tion requires the United States to in Tokyo’s subways, taking 12 lives and destroy their chemical weapon stock- weaken its export controls. Experts in injuring thousands more. We must take piles and chemical weapons production the chemical industry, trade organiza- action to protect Americans from a facilities under the observation of tions, and Government officials have similar terrorist outrage, and therefore international inspectors. worked to ensure that nothing in the it is incumbent upon this body to ap- treaty threatens our technology and prove the Chemical Weapons Conven- The convention would also establish industrial power. tion. the most extensive verification regime The fifth killer amendment places an The Chemical Weapons Convention is of any arms control treaty, that would unrealistically high standard of ver- also relevant today in light of recent require inspections of not only govern- ification on the treaty. It requires the findings that thousands of our troops mental facilities but also civilian fa- treaty verification procedures to ac- may have been exposed to chemical cilities. This system of monitoring will complish the impossible, by being able weapons during the Persian Gulf war. provide us with a mechanism for know- to detect small, not militarily signifi- Veterans groups across the country ing who produces what chemicals cant, amounts of dangerous chemical have called on the Senate to approve throughout the world, and where these materials. the CWC, and I believe that it is inex- chemicals are being sent. No international agreement can ef- cusable for us to forgo this opportunity The convention also prohibits signa- fectively police small amounts of raw to take a stand against chemical war- tory nations from exporting chemicals materials that might possibly be used fare. If we fail to do so, we will be un- most frequently used in chemical in chemical weapon production. Every necessarily placing those who volun- weapons to non-member countries. The effort is being made and will be made teer their services in our military at import of some chemicals from non- to make the detection procedures as ef- risk. member nations would also be prohib- fective as possible. It is hypocritical It is impossible to overstate the im- ited. These measures should isolate for opponents to attempt to scuttle portance of the votes that will be cast nonmember nations and provide them this treaty because they feel it does in this Chamber tomorrow. We have an with incentive to ratify the conven- not go far enough. opportunity to consider a proposal that tion. The overwhelming majority of past would eliminate an entire class of In order to oversee the convention’s and present foreign policy officials, weapons of mass destruction, and we implementation, the CWC establishes military leaders, large and small busi- may never have this opportunity again. the Organization for the Prohibition of nesses, Fortune 500 companies, Nobel Our decisions will have a tremendous Chemical Weapons, or the OPCW. This laureates, veterans organizations, reli- impact on the safety of the American organization will monitor the chemical gious groups, environmentalists, and people and our Nation’s role as an production throughout the world and public interest groups are united in international leader. will enforce compliance with the con- their strong support of the convention. We are all familiar with the horrify- vention. It is a practical international agreeing effects associated with chemical ment with practical benefits for the weapons. We remember the use of mus- On April 29, the Chemical Weapons United States, and the United States tard gas in World War I and the use of Convention will go into effect with or should be a part of it. chemical weapons during the Iran-Iraq without the United States’ ratifica- Nevertheless, the treaty is being op- war. It was the inhumane nature of tion. The Senate must provide its ad- posed by an entrenched band of foreign chemical warfare that prompted Presi- vice and consent on the treaty and policy ideologues and isolationists who dent Reagan to initiate the negotia- send a resolution of ratification to the think the United Nations is the enemy tions for an international treaty to President before next Tuesday, so that and who say the arms race should be eliminate the use of chemical weapons. he may formally ratify the treaty. escalated, not restricted. History President Bush was also committed to Many hours of intense negotiations proved their ilk wrong once before, phasing out chemical weapons, and the have yielded the resolution of ratifica- when they sank the League of Nations United States joined 160 other nations tion to the Chemical Weapons Conven- in the 1920’s. And it will prove them in signing the Chemical Weapons Con- tion that we are now considering on wrong, again, with far more drastic vention during the final days of his ad- the Senate floor. This resolution con- consequences than World War II, if ministration. tains 33 conditions which cover nearly they prevail today. President Clinton has been a strong every objection raised by opponents of We cannot let that happen. The Sen- supporter of the convention, and he has ratification. I am pleased that nego- ate should reject the five killer amend- made ratification of this treaty his top tiators have reached an agreement on ments, and give this treaty the two- foreign policy priority. 28 of those 33 conditions. However, the thirds vote it needs and deserves. For nearly a decade, the United Senate will have a separate vote on Mr. DODD. Mr. President, I rise States led efforts to develop the Chem- each of the five remaining conditions today to express my strong support for ical Weapons Convention, and the re- tomorrow. I would like to stress that U.S. ratification of the Chemical Weap- sult was an effective agreement to approval of any of these conditions ons Convention. eliminate chemical weapons that was would be tantamount to prohibiting First, I wish to thank Senators BIDEN unprecedented in its scope. Considering U.S. participation in the Chemical and LUGAR for their untiring efforts in its history of bipartisan support, one Weapons Convention and could fatally seeking ratification of this historic would have expected this treaty to be damage the effectiveness of this treaty. S3540 CONGRESSIONAL RECORD — SENATE April 23, 1997 I would like to quickly address these this treaty. The question ought to be: change of equipment, material, and sci- five conditions that threaten ratifica- Are verification measures under this entific and technological information tion of this treaty. Two of these condi- treaty better or worse than those we concerning means of protection against tions tie our ratification to the actions have now? chemical weapons.’’ The inclusion of of other nations. One demands that The answer to that question must be the word ‘‘right’’ underscores that each Russia ratify the treaty first, and the ‘‘yes.’’ This treaty includes tougher signatory state has a right, not an obli- other precludes ratification until the verification measures than any exist- gation, to exchange materials and in- world’s rogue nations like Libya and ing arms control agreement to the ex- formation. Iraq ratify the treaty. tent that it allows for frequent inspec- In fact, President Clinton confirmed The logic behind these two amend- tions of both governmental and com- this interpretation when he recently ments is that the convention is mean- mercial chemical manufacturing plants stated: ‘‘We have made it clear that, as ingless if it does not include all nations throughout the world. And while chem- regards to other countries, we will not with the capability to develop and use ical weapons are generally more dif- do anything to give them our tech- chemical weapons. This logic is seri- ficult to detect than conventional nology * * * and that our response will ously flawed. weapons, the U.S. intelligence commu- be * * * limited to helping them deal The CWC would impose trade restric- nity has confidence that it will be able with the health effects of an attack. tions on nonmember nations that will to detect a large scale effort to develop We will help people in medical ways curb their ability to obtain the mate- chemical weapons. and with other things having to do rials used in making chemical agents. The remaining condition of the rati- with the health consequences.’’ In addition, by establishing an inter- fication resolution is perhaps the most The national security concerns raised national legal standard opposing the contentious, and it would certainly kill by Senator HELMS were shared by the manufacture and use of chemical weap- all hopes of ratifying the Chemical representatives of the Reagan and Bush ons, the United States will be able to Weapons Convention if it were to pass administrations who negotiated this isolate these pariah states making it as an amendment tomorrow. treaty. That is why treaty negotiators more difficult for these nations to ac- In today’s Washington Post, my col- took great lengths to ensure that the quire chemical weapons. league from North Carolina, Senator treaty’s language would be carefully Also, since when does the United HELMS writes: ‘‘* * * the one issue that crafted to protect America’s interests. States allow other nations to dictate has raised the greatest concern among In responding to the criticisms of arti- American policy? It is ridiculous to Senators—the issue on which the rati- cle 10 of the convention, I’ll simply use suggest that we should compromise our fication vote will almost certainly the words of former Secretary of State position as a world leader by following hinge—is the Clinton Administration’s James Baker: ‘‘The suggestion that the lead of fringe countries. refusal to modify the treaty’s Articles Presidents Bush and Reagan would ne- President Reagan did not wait for 10 and 11.’’ His next sentence is par- gotiate a treaty detrimental to the na- other nations when he declared that ticularly important, ‘‘These controver- tion’s national security is outrageous.’’ this Nation would unilaterally destroy sial provisions require the transfer of I hope that my colleagues will not its chemical weapons stockpile. He did dangerous chemical agents, defensive take the criticisms of this critically not wait for other nations when he ini- gear and know-how to any nation that important treaty at face value and will tiated negotiations to ban chemical joins the CWC.’’ With all due respect to closely examine the actual text. weapons from the Earth. We did not my colleague from North Carolina, the The final condition which opponents follow others in making those critical simple fact of the matter is that this of the treaty seek to raise relates to decisions. We led and others fell in be- statement is not true. Article 10 does cooperation in the field of chemical ac- hind us. This Nation set the example. not require the United States or any tivities for businesses. Critics argue And now it is time for us once again to other signatory to share advanced that the CWC might force industry to lead and set the example. chemical weapons defense technologies share manufacturing and trade secrets In fact, perhaps the greatest way to and equipment with other countries or with other nations. These criticisms ensure that Russia and other countries to assist them in the development of are completely unfounded. Fred with offensive chemical weapons pro- such capabilities. Webber, president and CEO of the grams will not endorse this treaty, I hope that all of my colleagues, who Chemical Manufacturers Association, would be for the United States to re- are considering opposing the CWC for criticized these allegations stating ject this treaty. Seventy-three other this reason, will simply refer to the ac- that, ‘‘the Chemical Weapons Conven- nations, including all of our major al- tual text of the convention to under- tion does not obligate us to turn over lies, and two-thirds of all countries stand the true implications of the trea- trade secrets, and it most certainly with chemical weapon capabilities, ty. does not require the U.S. to abolish its have already endorsed this treaty. I Paragraph 7 of article 10 states: system of export controls on dual-use hope that we will align ourselves with ‘‘Each State Party undertakes to pro- chemistry. The CWC raises the export those who have ratified the convention vide assistance through the Organiza- control bar for other nations to the and not with those outlaw nations. tion and to this end to elect to take high standard already set by the Unit- Another condition that will be con- one or more of the following meas- ed States. That’s why this treaty is in sidered as an amendment would bar in- ures.’’ One of the choices is, ‘‘to de- the national interest.’’ In fact, it is dividual inspectors because they come clare, not later than 180 days after the ironic that critics of the treaty argue from a country that supported terror- Convention enters into force for it, the that they support the interests of ism or violated U.S. nonproliferation kind of assistance it might provide in America’s chemical and pharma- law. If a particular inspector has a past response to an appeal by the Organiza- ceutical companies. Yet, if we fail to history of spying or assisting terror- tion.’’ In no way does this language re- ratify this treaty, these very same ists, we must prevent him or her from quire any country to share advanced companies will be subject to trade re- inspecting our facilities. But if we bar chemical defense technology and equip- strictions that were devised by the certain inspectors based solely on their ment. In fact, 1 of the 28 conditions United States. nationality, other countries will cer- agreed to in the resolution of ratifica- Members of this body must examine tainly bar U.S. inspectors. In addition, tion will ensure that no assistance the elements that set this agreement these will likely be the countries that other than medical antidotes and apart from others. The Chemical Weap- we would most like to monitor. treatments is provided by the United ons Convention was signed by nearly Another condition that would surely States under article 10. every nation in the world; it penalizes kill the ratification agreement de- Opponents of the convention have nations that refuse to sign on; it pro- mands a level of verification that sim- also raised concerns regarding para- vides for routine and challenge inspec- ply cannot be guaranteed. Like every graph 3 of article 10. It reads as follows: tions; and it creates an international other arms control agreement, this one ‘‘Each State Party undertakes to fa- norm that would prohibit the very ex- is not 100 percent verifiable. Certainly, cilitate, and shall have the right to istence of chemical weapons. We must that is not a reason to avoid ratifying participate in, the fullest possible ex- recognize that there has never been an April 23, 1997 CONGRESSIONAL RECORD — SENATE S3541 arms control treaty that better ac- President then must formally ratify— tion. I would like to summarize and counted for the skeptic’s concerns than an indication to our treaty partners comment upon those agreed conditions, this one. that the United States is consenting to so that my colleagues may understand Today we live in a world of nations be legally bound to its terms—by sign- what we have achieved. that increasingly act together. In this ing an ‘‘instrument of ratification.’’ For I think that we have achieved time of economic unions, coalition The President then directs the Sec- quite a lot. I also think that Members forces, and multinational businesses, retary of State to deposit that instru- should study the many agreed condi- we can ill-afford to disengage from the ment at a central location designated tions that the Senator from North international community. If we do not by the convention; then, once the con- Carolina was able to propound. Frank- ratify this treaty or if we accept condi- vention enters into force, the United ly, virtually all of the concerns that tions that prevent our ratification, we States is bound under international have been raised regarding the CWC will careen off the course that we set law to abide by its terms. have been addressed in these agreed for ourselves and the other peace-lov- The Senate’s role in providing con- conditions, in a manner that should ing nations of the world. sent to a treaty is not that of a rubber substantially ease those concerns. Worse, we will force the nations who stamp. The Senate may attach amend- So I would like to summarize, Mr. have ratified the treaty to decide be- ments or reservations to the treaty— President, what the Senator from tween ridding the world of chemical essentially changing the terms of the North Carolina and I, along with other weapons on the one hand and maintain- original bargain between the United Members and the executive branch, have been able to achieve. ing good trade relations with the rich- States and its treaty partners, or it est nation in the world on the other. If may adopt conditions, which are, in ef- PROVIDING PROTECTION FOR INDUSTRY we force our allies to make decisions fect, a binding contract between the The CWC contains a number of built- like that, they’ll be justified in looking Senate and the President which will in protections for U.S. businesses, elsewhere for leadership. govern how the treaty will be imple- largely because industry helped write many of the convention’s provisions. A I strongly believe that ratification of mented or interpreted under U.S. law number of conditions have been added, the Chemical Weapons Convention is in and practice. the best interests of the United States, In the case of the Chemical Weapons however, to provide even greater pro- and I urge my colleagues to support Convention, no amendments to the tection for business. Condition 16 provides that if an em- this historic treaty. convention’s text have been, or will be, ployee of the organization for the pro- Mr. BIDEN. Mr. President, as we offered; the Senate has already moved hibition of chemical weapons, or close the first day of debate on the beyond the stage in its consideration of OPCW, willfully discloses U.S. con- Chemical Weapons Convention, I want- treaties in which such amendments fidential business information that ed to insert into the RECORD an expla- would be in order. Neither have any causes financial harm to a U.S. busi- nation of the 28 conditions to the reso- reservations been put forth—although ness, the President must inform Con- lution of ratification that we adopted article XXII of the convention purports gress. If the director-general does not this afternoon, so we can create a legis- to prevent a party from doing so. The waive the employee’s diplomatic im- lative history. Senate has gone on record several munity from prosecution, which may Mr. President, the Chemical Weapons times, and does so again in condition be done pursuant to paragraph 20 of the Convention is a fine arms control 17, that the President’s agreement to CWC’s confidentiality annex, within 9 agreement. It can stand on its own. such a prohibition cannot constrain months of the President’s reporting the But the U.S. Senate has a constitu- the Senate’s constitutional right and matter to Congress, the President is re- tional duty to consider carefully all obligation to give its advice and con- quired to withhold half of the U.S. con- the implications of treaties submitted sent to a treaty subject to any reserva- tribution to the OPCW until that em- for its advice and consent to ratification it might determine is required by ployee’s immunity from prosecution is tion. Such careful consideration often the national interest. waived. This will serve as a strong de- enables us to spot aspects of an agree- Instead, we have a set of 28 condi- terrent to breaches of confidential in- ment that merit clarification, or im- tions which were agreed to by those information. You might call it a ‘‘don’t plementation matters on which we volved in the negotiations to date, and mess with our trade secrets’’ condition. would be well advised to require par- which the Senate approved by voice Condition 18 is a further protection ticular executive branch policies. vote earlier this afternoon. These con- for proprietary information. This con- The Chemical Weapons Convention is ditions, as stated before, are binding dition prohibits any samples collected no exception to this rule. Over the upon the President. during inspections in the United States years since its signing over 4 years ago, Several conditions will be debated to- from being analyzed in a foreign lab- near the end of the Bush administra- morrow which are tantamount to kill- oratory. This will greatly reduce the tion, we have identified several areas ing the treaty. For example, any condi- risk of industrial espionage. I frankly in which clarifying the convention’s in- tion which requires a renegotiation of have concerns about this condition. I tent or establishing requirements re- the treaty—as condition 32 does—is a hope it does not lead to every country garding executive branch implementa- killer, plain and simple, because there keeping all its samples in-country, so tion would be useful. is no way that this treaty can be re- that all of Iran’s samples are analyzed In addition, there were several areas negotiated. Additionally, any condition in Iran and all of Russia’s samples are in which some of my colleagues wanted which requires the President to make analyzed in Russia. But there is no assurances that went beyond those impossible certifications before depos- question that this is a major conces- that the executive branch or I could iting the instrument of ratification sion to some of my colleagues’ con- give them, even though we thought will prevent the United States from cerns regarding the need to protect that such reassurances ought to suf- formally entering the convention. confidential business information. fice. In many such cases, the easiest As I described earlier, there have Condition 9 requires the President to way of providing the needed assurances been several stages of negotiation to certify, both now and annually, that was to codify them in a condition to work out agreed conditions to the reso- the CWC’s limits on the production and the resolution of ratification. lution and to narrow our areas of dis- use of the most toxic chemical weapons The convention enters into force on agreement. The Senator from North and their precursors are not signifi- April 29, with or without the United Carolina and I engaged in many hours cantly harming the legitimate com- States. To be an original state party, of negotiation as part of this process. mercial activities and interests of therefore, the President must deposit The end result of our negotiations, of chemical, biotechnology, and pharma- the instrument of ratification by mid- the negotiations between the White ceutical firms. The administration is night on April 28. As a technical mat- House and the task force established by fully prepared to make that certifi- ter, the Senate’s vote is not the final the majority leader, and of discussions cation. word, because the Senate does not directly between the White House and The Reagan, Bush, and Clinton ad- ‘‘ratify’’ a treaty; it provides advice the majority leader is a set of 28 agreed ministrations have all taken extraor- and consent to it. Once that occurs, the conditions to the resolution of ratifica- dinary measures to limit the impact of S3542 CONGRESSIONAL RECORD — SENATE April 23, 1997 the CWC upon U.S. businesses. For ex- Union, and they have not been included OPCW meetings and the results of ample, the Bush administration made in the regular OPCW budget. those meetings. sure that challenge inspections would Condition 2 provides that any U.S. The careful reader of condition 10 be subject to ‘‘managed access,’’ in contributions to the OPCW will be sub- may note some hyperbole in it. Thus, which a firm will be able to limit the ject to congressional authorization and the first subparagraph states that ‘‘the access of inspectors to the minimum appropriation. This means that not one convention is in the interests of the necessary to disprove any allegations dollar can be transferred to the organi- United States only if all parties * * * of CWC violations by that firm. And zation by the U.S. Government without are in strict compliance * * *, such the Clinton administration worked congressional approval. compliance being measured by per- with other countries in the CWC Pre- Pursuant to condition 3, the OPCW formance and not by efforts * * *’’ paratory Commission to make sure must create an independent inspector In truth, of course, there may be that most of the businesses covered by general within its first 9 months of op- major violations or minor shortfalls. If the convention will only have to fill eration. Otherwise, half of the regular a party is delayed in its sincere efforts out a short form to comply with the re- U.S. contribution to the OPCW budget to clean up the vestiges of a long-inac- quirement for data declarations. will be withheld. An inspector general tive chemical weapons program, that Condition 21 puts the Senate on will ensure rigorous oversight of OPCW will hardly constitute a threat to U.S. record supporting the provision of as- activities and expenditures. national interests. But the drafters of sistance to U.S. businesses by the On- While it is in the U.S. interest for the this condition are on to something; Site Inspection Agency—or OSIA—an CWC to have a strong verification re- even minor violations by a few parties arm of the Department of Defense. gime, we should not have to foot the could erode the commitment of other OSIA has years of experience in helping bill for all of the research and develop- parties to strict compliance with the protect sensitive information during ment that goes to improving verifica- convention. inspections of Government-run facili- tion. That is why condition 4 was in- The important thing is that the ad- ties and defense contractors. This cluded, to require that any research ministration is not afraid to keep Con- Agency lacks authority to aid other and development by the United States gress in the loop on CWC compliance U.S. businesses, however. Following that is designed primarily to improve issues. Condition 10 requires briefings through on this provision with author- the verification provisions of the at least four times a year for the Con- izing legislation—which I would hope CWC—including the training of OPCW gress on U.S. actions taken to address we could do in the CWC implementing inspectors—must be pursuant to an compliance issues. This regular flow of legislation—would ensure that Amer- agreed cost-sharing arrangement that information will allow the Congress to ican businesses have the full benefit of spreads the costs of such R&D equi- keep abreast of chemical weapons pro- OSIA’s expertise available to them. tably between the United States and grams and to judge for itself whether Under condition 23, the Senate will the organization. the United States is doing enough to be informed promptly of the proposed A cost-sharing arrangement will also detect and respond to noncompliance. addition of a chemical to any of the be required in order to share items or It may be in our interest at times to CWC’s schedules of chemicals. A report services that were developed through share intelligence with the OPCW, es- from the President will indicate the U.S. research and development. It will pecially so as to maximize the effec- anticipated effect of such proposal on still be possible, however, for U.S. tiveness of the CWC’s on-site inspec- U.S. industry. If a proposed addition agencies to pursue R&D programs so as tion regime. All agree that we should should appear to promise too great a to improve U.S. monitoring of chemi- take steps to protect U.S. sources and burden on U.S. industry for too little cal weapons, and cost-sharing arrange- methods when sharing intelligence in- gain in protection against chemical ments need not be in place unless and formation. weapons, Congress will then have time until the United States wants to share Thanks to the work of the senior to convince the executive branch to the results with the OPCW. Senator from Alabama, which I am force that proposed addition into a We would also not want to be stuck happy to commend, condition 5 has CWC process that requires two-thirds with the bill for Russian destruction of been added to do just that. It requires vote of the states parties to adopt the their vast chemical weapons stockpile. the intelligence community, at the change. So there is agreement on condition 14, interagency level, to fully sanitize and HOLDING DOWN U.S. COSTS under which the United States shall to approve all intelligence information Allegations have been made that the not accept any Russian effort to condi- before it is released to the OPCW. CWC will create a massive U.S.-style tion its ratification of CWC upon Unit- The Director of Central Intelligence bureaucracy that will cost U.S. tax- ed States guarantees to pay for Rus- can waive this requirement for particu- payers hundreds of millions of dollars. sian implementation of chemical weap- lar documents on a case-by-case basis, Several conditions have been agreed ons destruction under the CWC or the but that must be promptly reported to upon to keep U.S. costs to a minimum 1990 bilateral destruction agreement. the Foreign Relations and Intelligence and ensure a well-managed organiza- ENSURING IMPROVED MONITORING, Committees of the Congress. The Di- tion. VERIFICATION AND ENFORCEMENT rector must also report on the proce- Under condition 22, regular U.S. con- Some opponents of CWC have alleged dures set up to protect classified infor- tributions to the Organization for the that the convention will lead to a mation and on any unauthorized dis- Prohibition of Chemical Weapons, or ‘‘dumbing down’’ of U.S. intelligence closures of information provided to the OPCW, have been capped at $25 million and that the United States will shy OPCW. annually. Any increase to this cap away from taking tough actions when The Senator from Alabama’s condi- must cross two high hurdles. First, the faced with instances of noncompliance. tion makes a real contribution to the President must make a ‘‘national secu- Three conditions address these con- verification of compliance with the rity interest’’ waiver. Second, the Con- cerns head-on. CWC. The ability of the United States gress must enact a joint resolution ap- We all know that monitoring and to share information with the OPCW is proving the President’s waiver. verification of some aspects of CWC vital to catching would-be violators of Fortunately, condition 22 allows a compliance will be difficult. This fact the convention. I hope that this condi- periodic inflation adjustment to the of life has prompted understandable tion will not only ease the Senator’s regular U.S. contribution. In addition, concern on the part of some Members, concerns over the protection of intel- the United States will be permitted to and the administration has accepted a ligence sources and methods, but also contribute funds to help the OPCW condition— No. 10—that requires both reassure him that the overall conven- handle the costs of monitoring U.S. de- periodic reports and prompt notice re- tion is in the national interest. struction of chemical weapons. Those garding world chemical weapons pro- All of us want the executive branch are costs that we originally intended to grams and the status of CWC compli- to act effectively in the event that a fund for implementation of the 1990 bi- ance. The executive branch would also State party should violate the CWC in lateral destruction agreement between offer briefings on current compliance any manner that threatened U.S. na- the United States and the Soviet issues, including issues to be raised in tional security interests. Condition 13 April 23, 1997 CONGRESSIONAL RECORD — SENATE S3543 will require the executive branch to re- automatically remove the need to de- that the concessions he obtained from port to and consult with the Senate re- fend against chemical weapons, but the administration on this major issue garding such violations and to make ef- rather because CWC is a vital step to- would reassure him that the CWC’s im- fective use of CWC provisions for chal- ward reducing and combating that portant contributions to the national lenge inspections, high-level diplomacy threat. security will be achieved without any and U.N. sanctions. The executive While the opponents’ argument ig- violation of people’s constitutional branch also agrees that any sanctions nores the fact that the Pentagon has rights or any undue costs or harm to required by U.S. law should be imple- requested $225 million in additional U.S. persons. mented in such a case. funds for chemical weapons defenses Condition 12 makes clear that noth- Pursuant to subparagraph (A)(vi), if over the next 5 years, a condition has ing in the CWC requires or authorizes the noncompliance should persist for a nonetheless been added to address their anything that is prohibited by the U.S. year, the executive branch will be concerns. Pursuant to condition 11, the Constitution, as interpreted by the bound to consult with the Senate for Secretary of Defense shall ensure that United States. No administration the purposes of obtaining a resolution U.S. forces are capable of carrying out would agree to a treaty that violated of support of continued adherence to required military missions in U.S. re- the constitution, no treaty ever takes the convention. This seems unduly gional contingency plans, regardless of precedence over the constitution, and rigid; a country may well need more any threat or use of chemical weapons. only the United States interprets our than a year to come into compliance if In particular, U.S. forces must be prop- Constitution. The administration is it must destroy chemical weapons erly trained, equipped, and organized quite willing, therefore, to accept a stocks or facilities. Frankly, I do not to operate in chemically and bio- condition stating these facts. know what is to be gained by requiring logically contaminated environments. RIOT CONTROL AGENTS the executive branch to consult each This means not only improving the de- Concerns were raised that the admin- time on a possible resolution of support fensive capabilities of U.S. forces, but istration planned to amend Executive for continued adherence to the CWC. also initiating discussions on chemical Order 11850 of 1975 to prohibit the use of But condition 13 does not require that weapons defense with likely coalition tear gas in times of war to rescue such a nonbinding resolution be intro- partners and countries whose civilian downed pilots and to fend off attacks duced or voted upon in every case, so personnel would support U.S. forces in by combatants using civilians as there is little potential for harm in a conflict. human shields. Condition 26 has been this. The administration has also agreed added to lay this concern to rest. Some other aspects of condition 13 to assure that the U.S. Army Chemical Pursuant to condition 26, the Presi- merit additional explanation. For ex- School remains under the supervision dent is prohibited from taking any ac- ample, several of the mandated execu- of an Army general. Finally, the Presi- tion to alter or eliminate Executive tive branch responses to CWC viola- dent is required to submit exhaustive Order 11850 of 1975. In other words, all tions must be undertaken on an urgent annual reports to Congress on the uses of tear gas by U.S. Armed Forces basis. This does not mean that they State of Chemical and Biological de- that are permitted today—including must all proceed concurrently. Thus, in fense efforts. rescuing of downed pilots and against some cases high-level diplomacy will CONSTITUTIONAL CONCERNS combatants when they use civilians to suffice and there will be no need to Some opponents of the CWC have al- shield attacks—will continue to be per- seek a challenge inspection or U.N. leged that it will violate the U.S. Con- mitted after the CWC enters into force. sanctions. stitution by permitting international In addition, condition 26 makes clear In some cases, it might be necessary inspectors to conduct warrantless that nearly all uses of riot control to prepare the groundwork carefully searches of U.S. facilities. Actually, a agents in peacekeeping operations will for a challenge inspection or a diplo- number of legal scholars have noted be permitted. The sole exception to matic approach. The Senator from the specific constitutional protections that permission would be in the most North Carolina and I are agreed that written into the convention. To ease unlikely case that the U.S. role in a the executive branch could proceed any members’ lingering concerns, how- peacekeeping operation reached such a with such preparations on an urgent ever, two important agreed conditions military scope and duration that the basis, even though they may take have been added. laws of war would pertain to it. many months to come to fruition. Condition 28 makes it crystal clear TRANSFER OF CHEMICAL WEAPONS DEFENSES Finally, the requirement in subpara- that no warrantless searches will be Some opponents of CWC have as- graph (A)(ii) that the executive branch permitted when access to inspectors is serted that article X of the convention seek a challenge inspection should not denied. All challenge inspections will would require the United States to pro- be read as requiring that the United require a criminal warrant based upon vide financial assistance and equip- States must always be the party that probable cause when consent to that ment to countries such as Iran and initiates such a request. There might inspection is withheld. An administra- Cuba in order to improve their chemi- well be other States parties with an tive warrant will be required for rou- cal weapons defense capabilities. This equal or greater interest in a given tine inspections of declared U.S. facili- is an understandable misconception of country’s apparent violation of the ties when consent has been withheld. paragraph 7 of article X, which states CWC, and it might be more fruitful in Both of these warrants must be issued that ‘‘each state party undertakes to some cases for the executive branch to by a Federal judge—either a U.S. Dis- provide [such] assistance through the work with those other States parties to trict Court judge or a U.S. magistrate organization.’’ Paragraph 1 of article X secure the common objective of a chal- judge. defines ‘‘assistance’’ to include ‘‘detec- lenge inspection. Condition 28 was reached through the tion equipment and alarm systems, MAINTAINING ROBUST CHEMICAL DEFENSES combined efforts of the majority lead- protective equipment; decontamina- Some have asserted that if the Unit- er, Senator HELMS, the administration tion equipment and decontaminants; ed States joins the CWC, we will be and myself. It represents a significant medical antidotes and treatments; and lulled into a false sense of security and concession by the administration, as advice on any of these protective meas- drop our guard against the continuing the Constitution does not require ad- ures.’’ threat of chemical weapons. This con- ministrative warrants in cases of high- The rest of paragraph 7 of article X cern is frankly a bit mystifying. Aside ly-regulated industries. Condition 28 makes clear, however, that each state from the risk that any arms control reflects the executive branch’s con- party is not required to provide all treaty might be violated by a State fidence that any challenge inspection such assistance. A state party may party to it, U.S. military leaders are mounted in the United States will, in- contribute to a voluntary fund for as- quite aware that such potential mili- deed, be based on sufficient evidence to sistance, or agree to provide assistance tary adversaries as Iraq, Libya, and justify a criminal search warrant. through the OPCW on demand, or sim- North Korea are not planning to sign I want to compliment the majority ply declare what assistance it might the convention. The Joint Chiefs of leader, in particular, for his efforts on provide in response to an appeal by the Staff support CWC not because it will condition 28. I would certainly hope OPCW. So CWC does not compel the S3544 CONGRESSIONAL RECORD — SENATE April 23, 1997 United States to give any country, let bind the executive branch to vote on Condition 8 deals with the matter of alone an enemy like Cuba, anything every proposed CWC amendment and to so-called negative security assurances. more than medical assistance or ad- submit any amendment to the Senate Despite the fact that the United States vice. for its advice and consent. decided long ago to destroy its chemi- The Senator from North Carolina has As explained in the discussion of con- cal weapons stockpile, some are con- proposed in condition 15 that the Sen- dition 1, the CWC includes a provision cerned that one impact of the CWC will ate bind the executive branch not to barring states parties from attaching be to undermine the ability of the provide anything more than medical reservations to their ratification of the United States to adequately retaliate antidotes and treatment to a rogue convention. A sense-of-the-Senate con- against a state that used chemical state pursuant to article X of the condition warns U.S. negotiators that they weapons against us, if that state has vention. While there is no real need to should not include such provisions in received U.S. assurances to non-nu- so bind the executive branch, this pro- any future treaty. clear weapons states that the United posal is certainly consistent with cur- The Biden condition on treaty inter- States will not be the first to use nu- rent administration policy. As such, it pretation, which has been attached to clear weapons against them—Such as- may usefully allay the suspicions that all arms control treaties since the INF surances are known as negative secu- article X has aroused in some quarters, treaty was approved in 1988, is re- rity assurances—This condition re- and is therefore worth supporting. affirmed in condition 24. It states the quires the administration to submit a MAINTAINING STRINGENT EXPORT CONTROLS constitutionally-based principle that classified report on the impact of this Some opponents of the CWC see arti- the shared understanding that exists new reality upon U.S. retaliatory op- cle XI of the convention as requiring between the executive branch and the tions in such a case and upon the whole the Australia group—an informal alli- Senate about the terms of the treaty at policy of negative security assurances. ance of potential supplier states—to the time the Senate gives advice and U.S. CHEMICAL WEAPONS DESTRUCTION relax its export controls, which are a consent to ratification can be altered Condition 27 is the result of negotia- bulwark of nonproliferation. I have only subject to the Senate’s advice and tions between the administration and never shared that concern, because the consent to a subsequent treaty or pro- the senior Senator from Kentucky. It Australia Group has steadfastedly told tocol, or the enactment of a statute. is an important effort to ensure citi- the world that it viewed its export con- Another condition is included which zens concerned about the environment trol regime to be fully consistent with has been attached to major arms con- that the United States will do all it the CWC. Nevertheless, condition 7 has trol treaties in recent years, setting can to select the safest methods for the been added to reassure those who forth the Senate position that any destruction of our own stockpile of worry that the Australia Group would international agreement that would chemical weapons. be hobbled by the CWC. obligate the united States to limit its Condition 27 assures that the United Pursuant to condition 7, the Presi- forces in a militarily significant way States will be able, under CWC, to give dent must certify that he has obtained will be considered by the Senate only full consideration to alternatives to in- authoritative assurances from all other pursuant to article II, section 2, clause cineration as the means to destroy U.S. Australia Group members that they 2 of the Constitution. This is condition chemical weapons pursuant to the con- agree with the United States view that 25. vention. Since alternative means may the CWC will not weaken any Australia Condition 20 also purports to pre- be feasible only if we take the full time Group controls—and these assurances serve the rights of the Senate, by as- allowed by the CWC, which is more have, in fact, been received. In addi- serting the sense of the Senate that the than the time allotted under current tion, the President is required to do United States should not be denied its U.S. law, this condition states that the what it takes to prevent any back- vote in OPCW organs if Congress fails CWC time allotment may supersede sliding in the years to come. If the to appropriate the full amount of funds that in section 1412 of Public law 99– Australia Group is weakened, the assessed to the United States. 145. President will be required to consult It should be noted that although Mr. President, this has been a with the Senate for the purposes of ob- paragraph 8 of article VIII of the con- lengthy explanation of what we are ac- taining a resolution of continued ad- vention allows the Conference of States cepting in the 28 agreed conditions to herence to the CWC. Parties to permit a state party to re- the resolution of ratification. It is PROTECTING THE SENATE’S PREROGATIVES tain its vote if the conference is satis- lengthy for a good reason: because the Senators on both sides of the aisle fied that the state’s arrears are due to senior Senator from North Carolina wish to preserve the Senate’s constitu- conditions beyond the control of the and I have truly reached many ele- tional role in treaty-making. Several state party, this is clearly a decision ments of agreement, and because sev- conditions address this issue. left to the states parties acting in that eral of those agreements are truly sig- Condition 1 asserts that the Senate conference. nificant. In addition, given the absence reserves the right to add reservations I sincerely doubt that any inter- of a report from the Foreign Relations to the resolution of ratification, de- national body will see the actions of Committee, this statement is intended spite the ban—in article XXII of the Congress as conditions beyond the con- to create some legislative history for convention—on reservations to the trol of the United States, although the 28 conditions on which the Senator convention. This condition asserts the sometimes the American people may from North Carolina and I have agreed. Senate’s right under the U.S. Constitu- sympathize with that concept. Condi- It is my sincere belief, Mr. President, tion, but does not exercise it. It re- tion 20 merely states the nonbinding that the adoption of these 28 agreed quires the administration to inform all sense of the Senate, however, so it does conditions, will answer many of the other states parties that the Senate reno harm. most vexing concerns that have been serves the right to give its advice and FOREIGN POLICY CONSIDERATIONS raised by Members who find it difficult consent to ratification of the conven- Some people are concerned that the to decide how to vote on advice and tion subject to reservations. Although CWC has been oversold as a defense consent to ratification. I hope that my the Senate has not exercised this right against the use of chemical weapons by colleagues will study carefully how at this time, it could do so in ratifying terrorist groups. The Senator from much we have achieved. future amendments to the convention; North Carolina proposes, therefore, I trust they will understand that the this condition puts all parties on no- condition 19, by which the Senate will remaining issues are ones on which we tice. find that the CWC would not have cannot accept the proposed conditions If the United States decided not to stopped the Aum Shinrikyo Group in without killing U.S. ratification of the cast its vote—one way or another—on a Japan and that future terrorist groups convention or seriously impeding its proposed CWC amendment at an will likely seek chemical weapons. implementation. And finally, I urge my amendment conference under the con- Both of these statements are probably colleagues, in light of what we have ac- vention, it would be possible for such quite accurate, and no harm is done by complished thus far, to take the cul- an amendment to be passed without a attaching them to the resolution of minating step and support final pas- vote in the Senate. So condition 6 will ratification. sage of this historic resolution. April 23, 1997 CONGRESSIONAL RECORD — SENATE S3545 Mr. KYL. Mr. President, to explain to 100th day of this Congress. Since we we can provide working families with the colleagues what is going to happen began this session, 14 million children tax breaks for education and ensure next, we are going to conclude debate attended classes in schools that are that parents can afford to take their this evening on the Chemical Weapons falling apart, 180,000 babies were born children to the doctor. We can ensure Convention and then reinitiate it to- without health care coverage and 51 that in future years when Kym’s chil- morrow. million workers labored without a pen- dren retire they will have financial se- We will begin tomorrow with the sion plan. Unfortunately, this Congress curity. All of this is in our power, but closed session which will be a 2-hour has accomplished nothing to meet to meet our goal we must work to- closed session in the Old Senate Cham- these dire needs. It is now time to gether. I hope my colleagues will join ber, and thereafter resume debate, in- make good on our pledges of coopera- me in this task. cluding the motions to strike. tion. Just as South Dakotans have f f joined together for the good of our State, we in Congress must join to- COMMENDING VOLUNTEERS ON UNANIMOUS-CONSENT AGREEMENT gether for the good of our country and THE FLOOD RELIEF EFFORT Mr. KYL. Mr. President, I have a deliver much-needed relief to Ameri- Mr. BYRD. Mr. President, I want to unanimous-consent request that has ca’s working families. highlight the commendable effort dis- been cleared on both sides. I ask unani- On the first day of the 105th Con- played by the legion of West Virginia mous consent that 1 hour of the 2 hours gress, I introduced bills to enact the volunteers who have done so much to devoted to the closed session not be Families First Agenda to raise the in- help their neighbors and communities counted against the 10-hour debate comes of working families, extend af- affected by last month’s flooding in time as provided in the consent agree- fordable health coverage to children, sixteen West Virginia counties. Their ment. expand the retirement benefits of selfless dedication to neighbors in need The PRESIDING OFFICER. Without workers, and make it easier for stu- is in the finest West Virginia tradition objection, it is so ordered. dents of all ages to receive a quality of community spirit and support. education. Now it is time to roll up our f The efforts of volunteers from the sleeves and get to work. I urge my col- Fire and Rescue Departments through- MORNING BUSINESS leagues to join with me to support out the affected area are especially America’s families. Every day we wait Mr. KYL. Mr. President, I ask unani- noteworthy. These heroic workers res- is another day they struggle to make mous consent that there now be a pe- cued numerous families and individuals ends meet. riod for the transaction of morning trapped by the raging flood waters that Mr. President, I would like to bring swept through my beloved state. You business with Senators permitted to to the attention of my colleagues a speak for up to 5 minutes each. may recall some of the harrowing very important letter I received from events displayed on television news, The PRESIDING OFFICER. Without Kym Pacheco, a resident of Sioux objection, it is so ordered. particularly from those hardest hit Falls, SD. It is a heartbreaking letter, counties of Kanawha, Cabell, and Wirt. f and it tells the story of working fami- Also working during the storms and in lies better than any words of mine. De- PUTTING FAMILIES FIRST: 100 their destructive aftermath, utility spite a 105-hour work week as a truck DAYS PAST DUE AND COUNTING employees labored long hours in driv- driver, Kym’s husband earns just ing rain and deep mud to restore elec- Mr. DASCHLE. Mr. President, over enough for the family to get by. Each tricity, gas, water, and sewer service to the past months South Dakota has suf- month they struggle to pay their rent the affected communities. fered some of the worst disasters in re- and the grocery, gas, and phone bills. Mr. President, churches have always cent memory. The drifts of snow that ‘‘Mind you,’’ she writes, ‘‘none of this sustained the people of West Virginia, have paralyzed our State and killed includes car repairs, school supplies, and never more so than when disaster over 100,000 cattle are at last melting, clothes, medications, or car insurance. strikes. Aside from providing physical but their runoff has swelled our lakes There are no luxuries—week-end vaca- sustenance to the affected residents, and rivers to overflowing and forced tions, a nice car, trips to McDonald’s. the community churches that dot our thousands to evacuate in the face of What we wouldn’t do to be able to take hills and hollows have also provided devastating floodwaters. Only the hard our son to the Black Hills for a week! flood victims with moral and spiritual work of South Dakotans, building .. . But we cannot put any money into comfort to ease the pain of all that has dikes and filling sandbags to save the the savings. We literally live paycheck been lost. Particularly hard hit in this homes of their friends and neighbors, to paycheck!’’ flood, the people of Clendenin have re- has prevented the serious disaster we Mr. President, no one in our Nation ceived extensive and much-needed sup- are facing from having more cata- who works 105 hours a week should live port from churches, neighbors, and strophic consequences. one paycheck away from an empty other charitable organizations. After I am also proud to say that during stomach or a missed rent payment. all of the floods of last year, it is up- these disasters, our bipartisan elected Families like Kym’s work hard but lifting to see that such strong commu- leadership has set politics aside and cannot get ahead, and they fear for the nity spirit yet endures among the worked together for the good of our future of their children. They have Mountaineers of West Virginia. This State. Our Democratic President, our faith that life can be better, but they year, as in previous years, volunteers, Republican Governor, our entire con- are depending upon us to give them the churches, and organizations like the gressional delegation, and every local help they need. We cannot let them Red Cross have risen above the flood leader have made overcoming the dis- down. As Kym continues, ‘‘There are so waters of disaster to provide comfort aster our first priority. As Governor many problems in the U.S., but I hon- and hope to their neighbors. I am re- Bill Janklow of South Dakota stated, estly believe that when our govern- minded of the words of poet, essayist, ‘‘There is no way that Republican or ment starts passing laws that actually and critic Matthew Arnold: Democrat politics should come into give families affordable, decent cov- play when we are dealing with the Then, in such hour of need erage health insurance, decent wages, Of your fainting, dispirited race, things that are vital to all the people tax breaks for poor and middle class Ye, like angels, appear, of this State.’’ Together, we believe working families, our country will be- Radiant with ardour divine! that meeting the needs of our families come better. It would be a start! Our Beacons of hope, ye appear! and our communities should always children deserve an opportunity to live Langour is not in your heart, come first. better than we did!’’ Weakness is not in your word, This philosophy has served South Da- Mr. President, her children do de- Weariness not on your brow. kota well during its time of need, and serve that opportunity, and we can Surely, the concerned faces and help- I am convinced that what has worked give it to them. Let us accept Kym’s ing hands of volunteers and church in South Dakota can work here in challenge. If we put the interests of workers seemed divinely inspired to Washington. Recently, we passed the working families before party politics, the flood victims who benefited from S3546 CONGRESSIONAL RECORD — SENATE April 23, 1997 their tireless efforts. Mr. President, I less of a lightning rod for fiscal conserv- much credit for it, like providing some of the offer my thanks to all of those individ- atives than its counterpart, the National En- money for public television programs on uals, congregations, and charitable or- dowment for the Arts. But it has been brack- Theodore Roosevelt and the American West. eted with the arts endowment as the target ‘‘The public doesn’t normally notice who is ganizations who respond with such of spending cuts and its budget has been re- compassion and energy when disaster funding projects,’’ he said. ‘‘People say: ‘Oh, duced in recent years. my goodness. Did you do that?’’’ strikes. When asked about his disappointments as f chairman, Mr. Hackney said: ‘‘The political Mr. Hackney, an Alabamian, said that at situation changed, and I had to spend more Penn he would return to one his great inter- RETIREMENT OF DR. SHELDON time than I wanted telling the public and ests by teaching a course on the history of HACKNEY AS CHAIRMAN OF THE Congress what we do. I could have spent that the South. NATIONAL ENDOWMENT FOR time on programs.’’ When he was named chairman of the en- THE HUMANITIES The change in the political situation that dowment, Mr. Hackney was succeeded by Ju- Mr. Hackney spoke of was the Republican dith S. Rodin as university president. Mr. KENNEDY. Mr. President, ear- takeover of Congress in 1994, when many op- lier this week Sheldon Hackney, chair- ponents of Federal spending for the arts and ‘‘I’m going to teach history and stay out of man of the National Endowment for humanities were elected to the House and her way,’’ Mr. Hackney said. the Humanities, announced that he Senate. would be leaving office and returning Spending for the humanities endowment f has fallen from a high of $172 million in 1993 to teaching at the end of his term of of- to $110 million in the current budget. Presi- fice in August. Dr. Hackney came to dent Clinton has asked for $136 million for SENATE IMMIGRATION SUB- the endowment in 1993, following a bril- next year, but Congress is unlikely to ap- COMMITTEE ANALYSIS OF 1996 liant academic and administrative ca- prove that much. INS LEGAL IMMIGRATION NUM- reer, including service as president of ‘‘Despite the turbulence of the times,’’ Mr. BERS the University of Pennsylvania. Hackney said, ‘‘I feel very good. We’ve ac- News of his retirement saddens all of complished a lot.’’ Mr. ABRAHAM. Mr. President, yes- Besides keeping the endowment alive, Mr. us who know what a superb job he has terday, the Immigration and Natu- Hackney said, his accomplishments include ralization Service [INS] officially re- done at the endowment for the past 4 making the endowment nonpolitical and years. Perhaps his most notable leased its legal immigration numbers nonideological, reversing a pattern that he for 1996. Attached please find an analy- achievement has been in taming the in- said took hold during the Reagan and Bush tense political controversies that were Administrations. sis by the staff of the Senate Immigra- swirling around the endowment when Asked to provide a defense for continuing tion Subcommittee that helps place he arrived. The controversies persist, the endowment, Mr. Hackney said: ‘‘The these numbers into context. only legitimate argument against continuing The analysis finds: but fortunately, they are muted be- it is from someone who believes in cause of his leadership. The endowment minimalist government, that government First, the 1996 increase in immigra- has earned new bipartisan support be- shouldn’t be in culture at all. The endow- tion is not part of a long-term rise in cause of the effective way he has ex- ment does things that no one else would do legal immigration but rather a tem- plained its important mission to lib- but need to be done if we are to remember porary increase. who we are and what the heritage of our na- erals and conservatives alike. He will Second, many additional people be greatly missed, but I wish him well. tion is. ‘‘One of the purposes of government is to being counted as immigrants in 1996 Asked about his views on eliminating create good citizens. That’s what we do at and 1997 were not new entrants but the endowment, Dr. Hackney responded the N.E.H. We are a democratizing force in were already physically in the country with characteristic eloquence, American culture.’’ as the spouses of those who received The only legitimate argument against con- Representative Sidney R. Yates, Democrat amnesty under the law signed by Presi- of Illinois, an advocate of both endowments tinuing it is from someone who believes in a dent Reagan in 1986. minimalist government, that government who was chairman of the House committee shouldn’t be in culture at all. The endow- that approved their financing when the Third, the increase is due largely to ment does things that no one else would do Democrats were in the majority, said he INS processing delays that caused but need to be done if we are to remember thought Mr. Hackney has succeeded in re- many people who would have been who we are and what the heritage of our na- moving the endowment from partisan poli- counted as immigrants in 1995 to be tion is. tics. ‘‘We’ll miss him,’’ Mr. Yates said. ‘‘I think counted in 1996. I ask unanimous consent that an ar- he’s been very good. He’s been a very good Fourth, after a 20-percent decline be- ticle from the New York Times about administrator of the humanities endowment tween 1993 and 1995, this short-term in- Dr. Hackney may be printed at this at a difficult time with less money.’’ crease in legal immigration numbers is point in the RECORD. The humanity of Representative Ralph Regula, Republican expected to be followed by another de- the man shines through, and through of Ohio, who is chairman of the appropria- cline to previous levels within 2 to 3 him the humanities endowment has tions panel Mr. Yates once led, said of Mr. years. shone through as well. Hackney, ‘‘I think he’s worked hard at giv- There being no objection, the article ing the N.E.H. good leadership, especially in And finally, in historical terms, legal the field of libraries.’’ immigration is moderate when meas- was ordered to be printed in the Asked whether Mr. Hackney had kept poli- RECORD, as follows: tics and ideology out of the endowment, Rep- ured as a percentage of the U.S. popu- [From the New York Times, Apr. 21, 1997] resentative Regula said, ‘‘He has been very lation—0.3 percent—the most accurate measurement of immigrants’ economic CHAIRMAN TO LEAVE HUMANITIES ENDOWMENT successful in that regard.’’ He added, however, that he thought Mr. Hackney’s Repub- and demographic impact. Numerically, (By Irvin Molotsky) lican predecessors had also kept partisanship legal immigration in 1996 was below WASHINGTON, April 21.—Sheldon Hackney, out. who has led the National Endowment for the the level recorded on 10 other occasions A Republican critic of the endowment, since 1904. Humanities during a period of reduced budg- Representative John T. Doolittle, a Califor- ets, told the White House today that he nian, said it spent money on unneeded pro- As chairman of the Senate would not seek another term as chairman grams, money that could be better used ‘‘to Immigation Subcommittee, I hope this and would return to the University of Penn- save Medicare from bankruptcy and balance analysis sheds light on the legal immi- sylvania to teach history. the budget.’’ gration numbers released yesterday by Mr. Hackney, who stepped down as presi- ‘‘If there were ever a Federal agency or INS. I ask unanimous consent that the dent of Penn to come to Washington four program that deserves a trip to the chopping years ago, said today that he had planned all block, it is this sandbox for the cultural Senate Immigration Subcommittee’s along to step down when his four-year term elite,’’ Mr. Doolittle said. analysis of the 1996 INS legal immigra- expired in August. Mr. Regula did not agree with his Repub- tion numbers be included in the ‘‘I never discussed it with the White lican colleague. ‘‘I think it will survive in RECORD. Mr. President, I yield the House,’’ he said, ‘‘but I’m sure I could have some form or another,’’ he said. ‘‘I think the floor. stayed.’’ preservation of the culture of society is im- The endowment, which provides Federal portant.’’ There being no objection, the analy- money for research and exhibitions on his- Mr. Hackney said the endowment had sup- sis was ordered to be printed in the tory and other scholarly pursuits, has been ported many good projects without getting RECORD, as follows: April 23, 1997 CONGRESSIONAL RECORD — SENATE S3547

SENATE IMMIGRATION SUBCOMMITTEE sole exception being the ‘‘immediate rel- 1990 the general direction in immigration has ANALYSIS atives’’ of U.S. citizens, whose totals been downward. 1996 INS LEGAL IMMIGRATION INCREASE PART OF changed little between 1986 and 1995. Their 2. The Aftermath of the Amnesty Artificially In- A TEMPORARY RISE FOLLOWED BY DECREASE totals have risen over the last year, but their creased 1996 Totals: Many People Newly TO PREVIOUS LEVELS; ’86 AMNESTY, INS PROC- rise is part of a short term confluence of fac- Counted Were Already in the Country ESSING DELAYS IN ’95 LED TO RISE tors that is expected dissipate within the The years 1989, 1990, and 1991 were artifi- next two to three years. Under U.S. law, an WASHINGTON.—The Immigration and Natu- cially high because of the amnesty of un- American citizen can petition for (1) a spouse ralization Service (INS) today officially re- documented immigrants signed into law by or minor child, (2) a parent, (3) a married leased its legal immigration numbers for President Ronald Reagan under the Immi- child or a child 21 or older, or (4) a brother 1996. Attached please find an analysis by the gration Reform and Control Act of 1986. Yet or sister. A lawful permanent resident (green staff of the Senate Immigration Subcommit- it is equally true that much of the increase card holder) can petition only for a spouse or we have seen in annual immigration totals tee that helps place these numbers into con- 1 child. There are no ‘‘extended family’’ cat- since those years are also a result of that text. egories for aunts or uncles in the U.S. immi- The analysis finds: amnesty. gration system. Approximately three-quar- The 1996 increase in immigration is not That brings us to an important point that ters of all family immigration visas went to part of a long-term rise in legal immigration illustrates why many of those included in the spouses and children categories in 1996. but rather a temporary increase. the 1996 increase do not represent an in- The other one-fourth went to the parents and Many additional people being counted as crease in new people physically entering the sibling of U.S. citizens. In addition, up to immigrants in 1996 and 1997 were not new en- United States. In other words, many addi- 140,000 people a year can immigrate with em- trants but were already physically in the tional people being counted as immigrants ployment-based visas. Refugees are admitted country as the spouses of those who received for the period 1996–1999 are already here. after entering the country following the an- amnesty under the law signed by President Here is what happened as a result of the nual consultative process by which Congress Reagan in 1986. 1986 law: When Congress granted amnesty to The increase is due largely to INS process- and the President set each year’s refugee to- undocumented immigrants, it made no addi- ing delays that caused many people who tals. Finally, there are a limited number of tional visas available for close relatives of would have been counted as immigrants in ‘‘diversity’’ visas distributed to immigrants the amnesty recipients, which eventually 1995 to be counted in 1996. from ‘‘underrepresented’’ countries. In the created a large backlog in the category. Be- After a 20 percent decline between 1993 and immigration system as a whole, no country tween 1986 and 1990, the INS adopted the ad- 1995, this short-term increase in legal immi- may receive more than 7 percent of the total ministrative policy of not deporting those gration numbers is expected to be followed visas allotted in a given year, although an relatives and allowing them to obtain work by another decline to previous levels within exception is made for the spouses and chil- authorization. In 1990, Congress provided 2 two to three years. dren of lawful permanent residents. 55,000 visas a year to help these spouses and In historic terms, legal immigration is LEGAL IMMIGRATION IS PROJECTED TO PLATEAU children gain permanent residence and to re- moderate when measured as a percentage of AND THEN DECLINE main lawfully under Family Unity. There- the U.S. population (0.3%)—the most accu- The analysis performed by the staff of the fore, the spouses and children of many immi- rate measurement of immigrants’ economic Senate Subcommittee on Immigration leads grants legalized by the amnesty have been and demographic impact. Numerically, legal to one overarching conclusion: The 1996 in- waiting for their green cards while living immigration in 1996 was below the level re- crease in immigration is not part of a long- with their sponsors in the United States. corded on 10 other occasions since 1904. term rise in legal immigration but rather a Amnesty recipients have now completed AN ANALYSIS OF THE 1996 INS LEGAL temporary increase. their five years of permanent residence re- IMMIGRATION NUMBERS The conclusion that legal immigration will quired to apply for citizenship. Now that fall after a temporary two- to three-year those formerly illegal immigrants are be- PREPARED BY THE STAFF OF THE SENATE bump upwards is already part of the public coming citizens, under the law they can gain SUBCOMMITTEE ON IMMIGRATION—APRIL 1997 record. At a May 16, 1996 hearing before the visas immediately for their spouses and chil- Summary: Between 1993 and 1995, the level House Subcommittee on Immigration and dren without a waiting list, since the spouses of legal immigration declined by 20 percent. Claims, Susan Martin, executive director of and children would be the immediate rel- An analysis performed by the Senate Sub- the U.S. Commission on Immigration Re- atives of U.S. citizens (and there is no quota committee on Immigration has determined form, stated, ‘‘As the INS figures released on on the immediate relatives of U.S. citizens). that the increase in immigration reported by April 25 show, immigration levels will in- In essence, that means that much of the in- the INS for 1996 is part of a temporary trend crease, without any change in current law, crease in immigration in 1996 and 1997—most and that the overall immigration numbers for the next two years and then return to ap- of which is in the category for the immediate are projected to decline again within three proximately the level of last year.’’ 3 [Em- relatives of U.S. citizens—will be the INS years. The analysis shows that legal immi- phasis added.] The 1995 total was 720,461, well handing out green cards to spouses and chil- gration is projected to plateau potentially in below the 1996 total. dren already physically here. It is that ac- 1997, but more likely in 1998 or the following 1. Processing Delays Artificially Inflate 1996 To- counting phenomenon that will disappear year according to the latest INS projec- tals after a few years. tions—and then to fall. Simply put, the 1996 At the same hearing, House Immigration 3. One Additional Factor: Unused Employment increase from 1995 is not part of a long-term and Claims Subcommittee Chair Lamar Visas rise in legal immigration. Smith (R–TX) correctly pinpointed the pri- Another reason for the 1996 increase is the The subcommittee analysis shows that the mary reason that legal immigration was ex- combination of the lower immediate rel- approximately 27 percent increase in legal pected to rise from 1995 to 1996. He stated, atives total, which is related to the INS immigration in 1996, from 720,461 in 1995 to ‘‘The FY 1995 figures were artificially low. processing delays, and unused employment 915,900 in 1996, is explained by three factors: An administrative logjam prevented the is- visas from 1995. Under U.S. law, if the num- (1) INS processing delays in 1995 that led im- suance in 1995 of immigrant visas to tens of ber of immediate relatives of U.S. citizens migrants to be counted in 1996, rather than thousands of individuals who were eligible to does not exceed a certain level (in practice in 1995; (2) The aftermath of the 1986 Am- receive them and to be admitted imme- 254,000), then the unused employment visas nesty signed by President Reagan, which has diately to the United States. This logjam re- from that year are added to the next year’s enabled formerly undocumented immigrants sulted from delays in processing applications total of family preference visas. In 1996, that to sponsor their spouses and children; and (3) for green cards under section 245(i) of the Im- made 85,000 more immigrant visas available the result of unused employment visas in migration and Nationality Act, a new provi- to the family preference categories. Under 1995 that on a one-time basis boosted 1996’s sion that was effective for the first time in the law, all of those additional visas went to available total for family preference visas. 1995.’’ 4 the spouses and children of lawful permanent The 1996 immigration rate is lower than As Rep. Smith pointed out, a new proce- residents. However, the way the law oper- every year in the nation’s history between dure that allowed people to obtain green ates, those additional visas will not be avail- 1840 and 1930, actually one-third the rate for cards in the United States rather than hav- able in 1997 (because immediate relative im- many of those years, and lower even in abso- ing to travel to a consulate in their home migration in 1996 was above 254,000.) The U.S. lute terms than near the turn of the century. countries significantly increased processing State Department has calculated that family By the most accurate measure of immi- at INS offices in 1995 and caused delays. preference visas will decline from 311,819 in grants’ demographic and economic impact Those delays caused at least tens of thou- 1996 to 226,000 in 1997, a drop of 27 percent.5 on America—the annual immigration total sands of people who would have been counted Figure 1 (on page 1), based in part on INS as a percentage of the U.S. population—legal as immigrants in 1995, to be counted in 1996 projections, shows that after a plateau is immigration remains moderate in historical instead. In other words, the 1996 increase is reached potentially in 1997, but more likely terms at only 0.3 percent of the populace. in many ways a bookkeeping phenomenon. in 1998, legal immigration is projected to de- BACKGROUND ON THE LEGAL IMMIGRATION As Figure 2 illustrates, when one smooths cline again. The latest information from the SYSTEM out the one-year blips in 1995 processing and INS indicates that 1998 may be the peak Immigration categories are numerically other one-time anomalies and instead uses year. It is possible that due to INS process- restricted for family and business, with the two-year averages, the data show that since ing and naturalizations we will find that 1999 S3548 CONGRESSIONAL RECORD — SENATE April 23, 1997 is the high point. Most important, however, eighty-one million, three hundred thir- public service, I have been pleased to is that these numbers will decline after this ty-two thousand, six hundred eighty- support the efforts of home schoolers short-term rise. Note that the INS projec- five dollars and eighty-seven cents) to provide quality education. tions in Figure 1 did not take into account One year ago, April 22, 1996, the Fed- Home educators in Missouri are mak- the impact of the income and sponsorship requirements passed under the 1996 immigra- eral debt stood at $5,101,586,000,000. ing an extra effort to give their chil- tion bill. Those new requirements are ex- (Five trillion, one hundred one billion, dren the best chance for success in an pected to have at least some effect in reduc- five hundred eighty-six million) ever-changing society. They recognize ing legal immigration, particularly among Five years ago, April 22, 1992, the the importance of family and judge spouses and children, that is not reflected in Federal debt stood at $3,889,360,000,000. home schooling to be the educational the INS projections. (Three trillion, eight hundred eighty- setting that is most appropriate. By IN HISTORICAL TERMS, LEGAL IMMIGRATION nine billion, three hundred sixty mil- personally guiding the scholastic en- REMAINS MODERATE lion) deavors of their children, home edu- As a percentage of the U.S. population— Ten years ago, April 22, 1987, the Fed- cators ensure that all facets of a child’s the most accurate measurement of the im- eral debt stood at $2,271,567,000,000. development are considered when pre- pact of immigration—legal immigration is (Two trillion, two hundred seventy-one paring them to become active, produc- moderate by historical standards. The an- billion, five hundred sixty-seven mil- nual rate of legal immigration in 1996 tive, and responsible citizens. equaled just 0.3 percent of the U.S. popu- lion) In Missouri, home education has en- lation—less than one-third the rate near the Fifteen years ago, April 22, 1982, the joyed considerable success in recent turn of the century and lower than every Federal debt stood at $1,058,288,000,000 years because of the tremendous sup- year in the nation’s history between 1840 and (One trillion, fifty-eight billion, two port received from citizens all across 1930. Even in absolute terms, the 1996 total is hundred eighty-eight million) which the State who realize the significance less than the annual totals near the turn of reflects a debt increase of more than $4 of family participation in the edu- the century when America was smaller and trillion—$4,281,993,332,685.87 (Four tril- cational process. Furthermore, Mis- less economically developed, and therefore lion, two hundred eighty-one billion, less capable of absorbing new people than it souri home schoolers are establishing is today. Numerically, legal immigration in nine hundred ninety-three million, one-on-one relationships with adult 1996 was below the level recorded in 10 other three hundred thirty-two thousand, six role models and mentors who enrich occasions since 1904. hundred eighty-five dollars and eighty- home education learning by providing CONCLUSION seven cents) during the past 15 years. hands-on business experience. This ex- Our legal immigration system is based on f posure to the marketplace allows home America’s historical commitment to immi- U.S. FOREIGN OIL CONSUMPTION schoolers the opportunity to interact gration and to the principle that it is sound FOR WEEK ENDING APRIL 18 with business, community, and civic public policy to unite close family members, organizations. help employers sponsor needed employees, Mr. HELMS. Mr. President, the I commend the achievement realized and provide humanitarian relief for those American Petroleum Institute reports by home schools in the State of Mis- fleeing religious or political persecution. that for the week ending April 18, the souri and applaud your noble work on While numbers are a part of the system, it is U.S. imported 7,984,000 barrels of oil this special observance of Home Edu- important that we understand what the each day, 684,000 barrels more than the numbers mean and approach them with a cation Week in Missouri, May 4–10, minimum of rhetoric, but rather with a pre- 7,300,000 imported during the same 1997. week a year ago. mium on intelligent debate. f Ben Wattenberg of the American Enter- Americans relied on foreign oil for prise Institute describes the current level of 55.5 percent of their needs last week, EXECUTIVE AND OTHER immigration using this illustration: Imagine and there are no signs that the upward COMMUNICATIONS you are in a giant ballroom where 1,000 peo- spiral will abate. Before the Persian ple are gathered for a Washington cocktail The following communications were Gulf war, the United States obtained laid before the Senate, together with party. Champagne is being poured, waiters approximately 45 percent of its oil sup- are carrying trays of hors d’oeuvers, and into accompanying papers, reports, and doc- the room walk three more people. Those ply from foreign countries. During the uments, which were referred as indi- three people represent the proportion of the Arab oil embargo in the 1970’s, foreign cated: oil accounted for only 35 percent of U.S. population that immigrants add each EC–1619. A communication from the Com- year. There is little evidence these immi- America’s oil supply. missioner of the Office of Special Education grants are spoiling the party. Anybody else interested in restoring and Rehabilitative Services, Department of FOOTNOTES domestic production of oil—by U.S. Education, transmitting, pursuant to law, 1 INA Sections 201 and 203. producers using American workers? the annual report for fiscal year 1994; to the 2 INA Section 202(a)(1) states that the ‘‘total num- Politicians had better ponder the eco- Committee on Labor and Human Resources. ber of immigrant visas made available to natives of nomic calamity sure to occur in Amer- EC–1620. A communication from the Assist- any single foreign state . . . may not exceed 7 per- ica if and when foreign producers shut ant Secretary for Labor for Occupational cent’’ in a fiscal year. Under the law, 75 percent of Safety and Health, transmitting, pursuant to the visas for the spouses and children of lawful per- off our supply—or double the already law, a rule entitled ‘‘Abatement Verifica- manent residents are not subject to the 7 percent enormous cost of imported oil flowing ceiling. tion’’ (RIN1218–AB40) received on March 31, 3 Statement of Susan Martin, Executive Director, into the United States—now 7,984,000 1997; to the Committee on Labor and Human U.S. Commission on Immigration Reform, Sub- barrels a day. Resources. committee on Immigration and Claims, U.S. House f EC–1621. A communication from the Acting of Representatives, May 16, 1996. Secretary of Labor, transmitting, pursuant 4 Opening Statement, Chairman Lamar Smith, RECOGNITION OF HOME to law, a report relative to alternative tax ‘‘Projected Increases in Legal Immigration,’’ Hear- EDUCATION IN MISSOURI ing Before the House Subcommittee on Immigration proposals; to the Committee on Labor and and Claims, May 16, 1996, p. 3. Mr. ASHCROFT. Mr. President, I rise Human Resources. 5 Immigrant Visa Control and Reporting Division, today to congratulate home schoolers EC–1622. A communication from the Sec- U.S. Department of State, ‘‘Various Determinations in Missouri who are celebrating Mis- retary of Health and Human Services, trans- of Numerical Limits of Immigrants Required Under mitting, pursuant to law, the report on the the Terms of The Immigration and Nationality Act souri Home Education Week, May 4–10, Orphan Products Board for calendar years as Amended by the Immigration Act of 1990,’’ for FY 1997. As a parent and former teacher, I 1993 through 1995; to the Committee on Labor 1996 and FY 1997. Under the law, a minimum of understand the vital importance of 226,000 family preference visas are available each and Human Resources. year. sound education in a child’s develop- EC–1623. A communication from the Sec- f ment. The opportunities for students retary of Health and Human Services, trans- who achieve educational excellence are mitting, pursuant to law, a rule entitled ‘‘In- THE VERY BAD DEBT BOXSCORE virtually limitless. dividual Market Health Insurance Reform’’ Mr. HELMS. Mr. President, at the As a U.S. Senator I fully recognize (RIN0938–AH75) received on April 10, 1997; to the Committee on Labor and Human Re- close of business yesterday, Tuesday, that the character and productivity of sources. April 22, 1997, the Federal debt stood at our Nation are directly linked to the EC–1624. A communication from the Assist- $5,340,281,332,685.87. (Five trillion, three quality of education provided to Amer- ant General Counsel for Regulations, Depart- hundred forty billion, two hundred ica’s youth. Throughout my career in ment of Education, transmitting, pursuant April 23, 1997 CONGRESSIONAL RECORD — SENATE S3549 to law, three rules including a rule entitled calendar year 1996; to the Committee on the United States, transmitting a draft of pro- ‘‘Research in Education’’; to the Committee Judiciary. posed legislation entitled ‘‘The Federal on Labor and Human Resources. EC–1640. A communication from the Execu- Judgeship Act of 1997’’; to the Committee on EC–1625. A communication from the Sec- tive Director of Government Affairs, Non the Judiciary. retary of Education and the Secretary of the Commissioned Officers Association of the EC–1655. A communication from the Sec- Treasury, transmitting jointly, a draft of United States of America, transmitting, pur- retary of the Judicial Conference of the proposed legislation entitled ‘‘The Hope and suant to law, the annual report for calendar United States, transmitting, pursuant to Opportunity for Postsecondary Education year 1995 and 1996; to the Committee on the law, a report relative to the uniform percent- Act of 1997’’; to the Committee on Labor and Judiciary. age adjustment; to the Committee on the Ju- Human Resources. EC–1641. A communication from the Sec- diciary. EC–1626. A communication from the Chief retary of the Federal Trade Commission, EC–1656. A communication from the Sec- Executive Officer of the Corporation For Na- transmitting, pursuant to law, the report of retary of the Judicial Conference of the tional Service, transmitting, pursuant to enforcement activities for fiscal year 1995; to United States, transmitting, pursuant to law, the report under the Freedom of Infor- the Committee on the Judiciary. law, a report on the confidentiality of com- EC–1642. A communication from the Presi- mation Act for calendar year 1996; to the munications between sexual assault victims dent of the Foundation of the Federal Bar Committee on the Judiciary. and their counselors; to the Committee on Association, transmitting, pursuant to law, EC–1627. A communication from the Chair- the Judiciary. the annual report for fiscal year 1996; to the man of the Board of Governors of the Federal EC–1657. A communication from the Chair Reserve System, transmitting, pursuant to Committee on the Judiciary. EC–1643. A communication from the Direc- of the Physician Payment Review Commis- law, the report under the Freedom of Infor- sion, transmitting, pursuant to law, the an- mation Act for calendar year 1996; to the tor of the Federal Bureau of Investigation, transmitting, pursuant to law, a rule enti- nual report for 1997; to the Committee on Fi- Committee on the Judiciary. nance. EC–1628. A communication from the Post- tled ‘‘Implementation of Section 109’’ (RIN1105–AA39) received on April 7, 1997; to EC–1658. A communication from the Sec- master General of the U.S. Postal Service, retary of Health and Human Services, trans- transmitting, pursuant to law, the report the Committee on the Judiciary. EC–1644. A communication from the Sec- mitting, pursuant to law, a report on the under the Freedom of Information Act for retary of Health and Human Services, trans- Medicaid Drug Rebate Program; to the Com- calendar year 1996; to the Committee on the mitting, pursuant to law, the report relative mittee on Finance. Judiciary. to refugee resettlement for fiscal year 1995; EC–1659. A communication from the Sec- EC–1629. A communication from the Ad- to the Committee on the Judiciary. retary of Health and Human Services, trans- ministrator of the National Aeronautics and EC–1645. A communication from the Chief mitting a draft of proposed legislation to Space Administration, transmitting, pursu- Justice of the Supreme Court of the United enact the health care portions of the Presi- ant to law, the report under the Freedom of States, transmitting, pursuant to law, the dent’s fiscal year 1998 budget; to the Com- Information Act for calendar year 1996; to reports of amendments adopted by the Court; mittee on Finance. the Committee on the Judiciary. to the Committee on the Judiciary. EC–1660. A communication from the Chief EC–1630. A communication from the Acting EC–1646. A communication from the Com- of the Regulations Branch, U.S. Customs Secretary of the Federal Trade Commission, missioner of the Immigration and Natu- Service, Department of the Treasury, trans- transmitting, pursuant to law, the report ralization Service, Department of Justice, mitting, pursuant to law, three rules includ- under the Freedom of Information Act for transmitting, pursuant to law, three rules ing a rule entitled ‘‘Duty-Free Store’’ calendar year 1996; to the Committee on the including a rule entitled ‘‘The Establishment (RIN1515–AB86, AC09, AC14); to the Commit- Judiciary. of Preregistered Access Lane Program’’ tee on Finance. EC–1631. A communication from the Acting (RIN1115–AE80, AD89, AC72); to the Commit- EC–1661. A communication from the Direc- Administrator of the General Services Ad- tee on the Judiciary. tor of Selective Service, transmitting, pursu- ministration, transmitting, pursuant to law, EC–1647. A communication from the Direc- ant to law, the annual report for fiscal year the report under the Freedom of Information tor of the Federal Bureau of Prisons, Depart- 1996; to the Committee on Finance. Act for calendar year 1996; to the Committee ment of Justice, transmitting, pursuant to EC–1662. A communication from the Fiscal on the Judiciary. law, two rules including a rule entitled Assistant Secretary of the Treasury, trans- EC–1632. A communication from the Chair- ‘‘Transfer of Inmates’’ (RIN1120–AA53, AA33); man of the Federal Election Commission, mitting, pursuant to law, the report of the to the Committee on the Judiciary. Treasury Bulletin for March 1997; to the transmitting, pursuant to law, the report EC–1648. A communication from the Assist- under the Freedom of Information Act for Committee on Finance. ant Attorney General, Office of Legislative EC–1663. A communication from the Chief calendar year 1996; to the Committee on the Affairs, Department of Justice, transmitting Judiciary. Counsel of the Bureau of the Public Debt, a draft of proposed legislation entitled ‘‘The Department of the Treasury, transmitting, EC–1633. A communication from the Chair- Federal Bureau of Investigation Leave Shar- man of the Federal Housing Finance Board, pursuant to law, two rules including a rule ing Reform Act of 1997’’; to the Committee entitled ‘‘Regulations Governing Book-Entry transmitting, pursuant to law, the report on the Judiciary. under the Freedom of Information Act for Treasury Bonds, Notes and Bills’’ received on EC–1649. A communication from the Assist- April 10, 1997; to the Committee on Finance. calendar year 1996; to the Committee on the ant Attorney General, Office of Legislative EC–1664. A communication from the Assist- Judiciary. Affairs, Department of Justice, transmitting ant Secretary of Defense (Reserve Affairs), EC–1634. A communication from the Direc- a draft of proposed legislation entitled ‘‘The transmitting, pursuant to law, a report rel- tor of the Office of Science and Technology Radiation Exposure Compensation Improve- ative to tax incentives; to the Committee on Policy, Executive Office of the President, ment Act of 1997’’; to the Committee on the Finance. transmitting, pursuant to law, the report Judiciary. EC–1665. A communication from the Assist- under the Freedom of Information Act for EC–1650. A communication from the Assist- ant Secretary of Defense (Reserve Affairs), calendar year 1996; to the Committee on the ant Attorney General, Office of Legislative transmitting, pursuant to law, a report rel- Judiciary. Affairs, Department of Justice, transmit- ative to tax deductibility; to the Committee EC–1635. A communication from the Acting ting, pursuant to law, the Bureau of Justice on Finance. Commissioner of Social Security, transmit- Assistance for fiscal year 1995; to the Com- ting, pursuant to law, the report under the mittee on the Judiciary. EC–1666. A communication from the Chief Freedom of Information Act for calendar EC–1651. A communication from the Assist- of the Regulations Unit, Internal Revenue year 1996; to the Committee on the Judici- ant Attorney General, Office of Legislative Service, Department of the Treasury, trans- ary. Affairs, Department of Justice, transmit- mitting, pursuant to law, two rules including EC–1636. A communication from the Attor- ting, pursuant to law, the report of settle- a rule entitled ‘‘Substantiation of Business ney General, transmitting, pursuant to law, ments for calendar year 1996; to the Commit- Expenses’’ (RIN1545–AT98, AV05); to the the annual report for fiscal year 1996; to the tee on the Judiciary. Committee on Finance. Committee on the Judiciary. EC–1652. A communication from the Assist- EC–1667. A communication from the Assist- EC–1637. A communication from the Sec- ant Attorney General, Office of Legislative ant Commissioner (Examination), Internal retary of the U.S. Naval Sea Cadet Corps, Affairs, Department of Justice, transmit- Revenue Service, Department of the Treas- transmitting, pursuant to law, the annual re- ting, pursuant to law, a report on the Police ury, transmitting, pursuant to law, three port for calendar year 1996; to the Committee Corps; to the Committee on the Judiciary. rules including a rule entitled ‘‘Maquiladora on the Judiciary. EC–1653. A communication from the Assist- Industry’’; to the Committee on Finance. EC–1638. A communication from the Attor- ant Attorney General, Office of Legislative EC–1668. A communication from the Chief ney General, transmitting, pursuant to law, Affairs, Department of Justice, transmit- of the Regulations Unit, Internal Revenue the annual report of the Federal Prison In- ting, pursuant to law, a report on the impact Service, Department of the Treasury, trans- dustries for fiscal year 1996; to the Commit- of the Public Safety and Recreational Fire- mitting, pursuant to law, the reports rel- tee on the Judiciary. arms Use Protection Act of 1994; to the Com- ative to Notices 97–17, 23, 24, 26; to the Com- EC–1639. A communication from the Direc- mittee on the Judiciary. mittee on Finance. tor of the Federal Judicial Center, transmit- EC–1654. A communication from the Sec- EC–1669. A communication from the Chief ting, pursuant to law, the annual report for retary of the Judicial Conference of the of the Regulations Unit, Internal Revenue S3550 CONGRESSIONAL RECORD — SENATE April 23, 1997 Service, Department of the Treasury, trans- EC–1683. A communication from the Assist- By Mr. SPECTER: mitting, pursuant to law, the reports rel- ant Secretary of the Army (Civil Works), S. 635. A bill to amend the Internal Reve- ative to Revenue Procedures 97–23, 26; to the transmitting, pursuant to law, two rules in- nue Code of 1986 to provide incentives for in- Committee on Finance. cluding a rule entitled ‘‘Danger Zone and Re- vestments in disadvantaged and women- EC–1670. A communication from the Chief stricted Areas’’; to the Committee on Envi- owned business enterprises; to the Commit- of the Regulations Unit, Internal Revenue ronment and Public Works. tee on Finance. Service, Department of the Treasury, trans- EC–1684. A communication from the Assist- By Mr. FRIST (for himself, Mr. JEF- mitting, pursuant to law, the reports rel- ant Secretary of the Army (Civil Works), FORDS, Mr. DEWINE, Mr. DORGAN, Mr. ative to Revenue Rulings 97–13, 16, 17, 18, 21; transmitting, pursuant to law, a report rel- MURKOWSKI, Mr. LEVIN, Mr. THUR- to the Committee on Finance. ative to a recreation day use fee program; to MOND, Mrs. MURRAY, Mr. WARNER, EC–1671. A communication from the Senior the Committee on Environment and Public and Mr. GREGG): Vice President, Communications, Tennessee Works. S. 636. A bill to establish a congressional Valley Authority, transmitting, pursuant to EC–1685. A communication from the Assist- commemorative medal for organ donors and law, the report of statistical summaries for ant Secretary of the Army (Civil Works), their families; to the Committee on Bank- fiscal year 1996; to the Committee on Envi- transmitting, pursuant to law, a report rel- ing, Housing, and Urban Affairs. ronment and Public Works. ative to a deep-draft navigation program for By Mr. DeWINE: S. 637. A bill to amend EC–1672. A communication from the Ad- the Port of Long Beach, California; to the title XVIII of the Social Security Act ministrator of the National Aeronautics and Committee on Environment and Public to continue full-time-equivalent resi- Space Administration, transmitting, pursu- Works. dent reimbursement for an additional ant to law, the annual report on progress on EC–1686. A communication from the Chair- one year under medicare for direct Superfund implementation for fiscal year man of the U.S. Nuclear Regulatory Commis- graduate medical education for resi- 1996; to the Committee on Environment and sion, transmitting, pursuant to law, a draft dents enrolled in combined approved Public Works. of proposed legislation to authorize appro- primary care medical residency EC–1673. A communication from the Direc- priations for the Commission for fiscal year training programs; to the Committee tor of the Fish and Wildlife Service, Depart- 1998; to the Committee on Environment and on Finance. ment of the Interior, transmitting, pursuant Public Works. By Mr. GORTON (for himself and Mrs. to law, a rule entitled ‘‘Determination of En- EC–1687. A communication from the Direc- MURRAY): dangered Status for Three Plants’’ (RIN1018– tor of the Office of Congressional Affairs, S. 638. A bill to provide for the expeditious AC00) received on March 25, 1997; to the Com- transmitting, pursuant to law, eight rules completion of the acquisition of private min- mittee on Environment and Public Works. including a rule entitled ‘‘Nuclear Power eral interests within the Mount St. Helens EC–1674. A communication from the Gen- Plant Instrumentation For Earthquakes’’ National Volcanic Monument mandated by eral Counsel of the Department of Transpor- (RIN3150–AF37); to the Committee on Envi- the 1982 act that established the monument, tation, transmitting, pursuant to law, a rule ronment and Public Works. and for other purposes; to the Committee on entitled ‘‘Design Standards for Highways’’ EC–1688. A communication from the Direc- Energy and Natural Resources. (RIN2125–AD38) received on April 3, 1997; to tor of the Office of Regulatory Management By Ms. SNOWE (for herself and Mr. and Information, Office of Policy, Planning, the Committee on Environment and Public ROCKEFELLER): Works. and Evaluation, U.S. Environmental Protec- S. 639. A bill to require the same distribu- EC–1675. A communication from the Direc- tion Agency, transmitting, pursuant to law, tion of child support arrearages collected by tor of the Federal Emergency Management fifty-one rules including a rule entitled ‘‘Ap- Federal tax intercept as collected directly by Agency, transmitting, pursuant to law, a re- proval and Promulgation of Air Quality’’ the States, and for other purposes; to the port relative to funding; to the Committee (FRL5814–1, 5802–3, 5802–9, 5807–9, 5808–5, 5687– Committee on Finance. on Environment and Public Works. 8, 5691–7, 5808–7, 5597–2, 5809–7, 5809–9, 5697–1, By Mr. D’AMATO (for himself, Mr. EC–1676. A communication from the Acting 5812–3, 5811–1, 5801–9, 5805–2, 5577–2, 5804–5, CHAFEE, and Mr. DEWINE): Administrator of the General Services Ad- 5802–2, 5694–4, 5710–1, 5807–4, 5599–8, 5806–7, S. 640. A bill to extend the transition pe- ministration, transmitting, pursuant to law, 5598–6, 5801–1, 5702–5, 5595–3, 5594–2, 5597–7, riod for aliens receiving supplemental secu- the report of a construction prospectus; to 5709–3, 5709–8, 5711–7. 5709–6. 5667–4. 5711–8. rity income or food stamp benefits as of Au- the Committee on Environment and Public 5699–1, 5802–6, 5809–5, 5808–7, 5598–7, 5598–2, gust 22, 1996; to the Committee on Finance. Works. 5597–9, 5600–5, 5597–3, 5596–7, 5600–2, 5808–9, By Mr. SMITH of New Hampshire (for EC–1677. A communication from the Acting 5711–1, 5698–5); to the Committee on Environ- himself and Mr. SHELBY): Administrator of the General Services Ad- ment and Public Works. S.J. Res. 26. A joint resolution proposing a ministration, transmitting, pursuant to law, f constitutional amendment to establish lim- a report relative to the Capital Investment ited judicial terms of office; to the Commit- and Leasing Program for fiscal year 1998; to INTRODUCTION OF BILLS AND tee on the Judiciary. the Committee on Environment and Public JOINT RESOLUTIONS By Mr. WARNER: Works. The following bills and joint resolu- S.J. Res. 27. A joint resolution designating EC–1678. A communication from the Sec- the month of June 1997, the 50th anniversary retary of Transportation, transmitting, pur- tions were introduced, read the first of the Marshall plan, as George C. Marshall suant to law, a report entitled ‘‘The Federal and second time by unanimous con- Month, and for other purposes; to the Com- Highway Administration’s Oversight of the sent, and referred as indicated: mittee on the Judiciary. Buy American Program’’; to the Committee By Mr. TORRICELLI (for himself and on Environment and Public Works. Mr. LAUTENBERG): f EC–1679. A communication from the Sec- S. 631. A bill to provide for expanded re- STATEMENTS ON INTRODUCED retary of Commerce, transmitting, a draft of search concerning the environmental and ge- proposed legislation entitled ‘‘The Economic netic susceptibilities for breast cancer; to BILLS AND JOINT RESOLUTIONS Development Partnership Act of 1997’’; to the the Committee on Labor and Human Re- By Mr. TORRICELLI (for himself Committee on Environment and Public sources. and Mr. LAUTENBERG): Works. By Mr. KOHL (for himself and Mr. S. 631. A bill to provide for expanded EC–1680. A communication from the Man- WYDEN): aging Director of the Federal Communica- S. 632. A bill to amend the Internal Reve- research concerning the environmental tions Commission, transmitting, pursuant to nue Code of 1986 with respect to the eligi- and genetic susceptibilities for breast law, ten rules received on April 17, 1997; to bility of veterans for mortgage revenue bond cancer; to the Committee on Labor and the Committee on Commerce, Science, and financing, and for other purposes; to the Human Resources. Transportation. Committee on Finance. THE NEW JERSEY WOMEN’S ENVIRONMENTAL EC–1681. A communication from the Ad- By Mr. DOMENICI: HEALTH ACT ministrator of the U.S. Environmental Pro- S. 633. A bill to amend the Petroglyph Na- tection Agency, transmitting, pursuant to tional Monument Establishment Act of 1990 Mr. TORRICELLI. Mr. President, law, a report entitled ‘‘The Superfund Inno- to adjust the boundary of the monument, today, Senator LAUTENBERG and I are vative Technology Evaluation Program for and for other purposes; to the Committee on introducing the New Jersey Women’s Fiscal Year 1995’’; to the Committee on Envi- Energy and Natural Resources. Environmental Health Act. I rise to ronment and Public Works. By Mr. BAUCUS (for himself, Mr. WAR- draw this country’s attention to breast EC–1682. A communication from the Ad- NER, and Mr. BYRD): cancer and the threat that it faces to ministrator of the U.S. Environmental Pro- S. 634. A bill to amend the Internal Reve- all American women. It is estimated tection Agency, transmitting, pursuant to nue Code of 1986 to deposit in the Highway that more than one in eight women law, a rule entitled ‘‘National Priorities List Trust Fund the receipts of the 4.3-cent infor Uncontrolled Hazardous Waste Sites’’ crease in the fuel tax rates enacted by the will be diagnosed with breast cancer in (FRL–5805–2) received on April 15, 1997; to the Omnibus Budget Reconciliation Act of 1993, her lifetime. Over 46,000 women will die Committee on Environment and Public and for other purposes; to the Committee on each year. The American Cancer Soci- Works. Finance. ety estimates 6,400 new cases of breast April 23, 1997 CONGRESSIONAL RECORD — SENATE S3551 cancer in New Jersey in 1997—an esti- SEC. 2. FINDINGS. MORTGAGE REVENUE BOND FINANCING mated 1,800 deaths in this year alone. Congress makes the following findings: LEGISLATION It is for this reason that I speak today, (1) The American Cancer Society estimates Mr. KOHL. Mr. President, I rise in an effort to heighten the awareness 6,400 new cases of breast cancer will be diag- today to introduce legislation with nosed in New Jersey in 1997 with an esti- Senator WYDEN that will help Wiscon- of breast cancer in our Nation and its mated 1,800 deaths. possible environmental causes. (2) In New Jersey, from 1989 to 1993, 8,378 sin and several other States, including Breast cancer in New Jersey is much women died from breast cancer. The average Oregon, Texas, Alaska, and California, worse than the rest of the country. mortality rate per 100,000 was 31.1 for white extend one of our most successful vet- New Jersey has the highest breast can- women and 34.4 for African American erans programs to Persian Gulf war cer death rate of any State in the Na- women. participants and others. This bill will tion. Overall, New Jersey has an 11 per- (3) New Jersey has the second highest amend the eligibility requirements for cent higher incidence rate of breast breast cancer mortality rate (31.1) of any mortgage revenue bond financing for cancer than the national rate. Between state in the United States. New Jersey also State veterans housing programs. has more superfund sites (107) than any other Wisconsin uses this tax-exempt bond 1988–92 New Jersey’s rate was 110.8. For State. the United States the rate was only (4) During the period from 1988 to 1992— authority to assist veterans in pur- 105.6. The highest counties include: (A) New Jersey’s incidence rate (110.8) of chasing their first home. Under rules Warren, 34.8 percent; Morris, 20.7 per- breast cancer was 11 percent higher than the adopted by Congress in 1984, this pro- cent; and Monmouth, 18.5 percent. Dur- national incidence rate (105.6); gram excluded from eligibility veter- ing this time, 19 of New Jersey’s 21 (B) 19 of New Jersey’s 21 counties had a ans who served after 1977. This bill counties had a higher incidence rate of higher incidence rate of breast cancer than would simply remove that restriction. breast cancer than the national aver- the national average; and Wisconsin and the other eligible (C) two-thirds of the counties described in age and two-thirds of these counties States simply want to maintain a prin- subparagraph (B) have a 10 percent or higher ciple that we in the Senate have also had a 10 percent or higher incidence incidence rate of breast cancer than the na- rate of breast cancer than the national tional average. strived to uphold—that veterans of the average. (5) The State’s University of the Health Persian Gulf war should not be treated Federal and national foundation Sciences is one of only 7 joint centers in the less generously than those of past funding is disproportionately low for a United States, and the only such center in wars. This bill will make that possible. State with a significant academic and New Jersey, that house a National Cancer Mr. President, I ask unanimous con- research presence, and an exceptionally Institute designated research center and a sent that the bill be printed in the high death rate from breast cancer. National Institute of Environmental Health RECORD. Sciences research center. The per capita expenditure on breast There being no objection, the bill was SEC. 3. RESEARCH CONCERNING BREAST CAN- ordered to be printed in the RECORD, as cancer funding in New Jersey is only CER. follows: $0.15. Neighboring states with lower (a) GRANT.—The Secretary of Defense is breast cancer rates have received sig- authorized to award one or more grants to S. 632 nificantly more funding per capita. the University of the Health Sciences of New Be it enacted by the Senate and House of New York receives $1.11 and Massachu- Jersey (hereafter referred to in this Act as Representatives of the United States of setts receives $3.05. In general, New the ‘‘University’’) to enable the University America in Congress assembled, Jersey gets only $0.62 back for every and affiliates of the University to conduct SECTION 1. ELIGIBILITY OF VETERANS FOR tax dollar sent to Washington. We con- research, in collaboration with the New Jer- MORTGAGE REVENUE BONDS DE- sey Department of Health and Senior Serv- TERMINED BY STATES. tribute $17 billion more to the Federal ices, concerning environmental, lifestyle, (a) IN GENERAL.—Paragraph (4) of section Treasury than we get back—the lowest and genetic susceptibilities for breast cancer 143(l) of the Internal Revenue Code of 1986 return in the Nation. in the State of New Jersey. (defining qualified veteran) is redesignated I believe that behind our State’s his- (b) STUDY AND REPORT.— as paragraph (6) and amended to read as fol- tory of environmental problems lies (1) STUDY.—The University shall use lows: the reasons for our high breast cancer amounts received under the grant under sub- ‘‘(6) QUALIFIED VETERANS.—For purposes of rates. It is not a coincidence that New section (a) to conduct a study to assess bio- this subsection, the term ‘‘qualified veteran’’ Jersey, the State with the most logical markers, exposure to carcinogens, means any veteran— and other potential risk factors contributing ‘‘(A) who meets such requirements as may Superfund sites, also has the highest to the incidence of breast cancer in the State be imposed by the State law pursuant to breast cancer rates. The current breast of New Jersey. which qualified veterans’ mortgage bonds are cancer research efforts are not being (2) EPIDEMIOLOGICAL STUDY.—The New Jer- issued, focused on epidemiological studies that sey Department of Health and Senior Serv- ‘‘(B) who applied for the financing before investigate the effect of environmental ices shall be the co-investigator with the the date 30 years after the last date on which factors. The value of providing ex- University for any population based epi- such veteran left active service, and panded research concerning the envi- demiologic studies under paragraph (1) that ‘‘(C) in the case of financing provided by the proceeds of bonds issued during the pe- ronmental factors for breast cancer in attempt to explore associations between environmental and other risk factors and riod beginning July 19, 1984, and ending June New Jersey is essential not only to breast cancer. 30, 1997, who served on active duty at some New Jersey women, but to all women (3) REPORT.—Not later than 12 months time before January 1, 1977. across the country. after the date of enactment of this Act, and (b) EFFECTIVE DATE.—The amendments I am optimistic that not only will annually thereafter, the University (and the made by subsection (a) shall apply to bonds this study provides some answers for affiliates of the University conducting the issued after the date of the enactment of this women in New Jersey, but will provide study under this subsection) shall prepare Act. groundbreaking research on the impact and submit to the appropriate committees of SEC. 2. STATE CAP RESTRICTIONS. of environmental conditions on breast Congress a report describing the findings and (a) IN GENERAL.—Section 143(l) of the Inter- cancer rates which will benefit doctors progress made as a result of the studies con- nal Revenue Code of 1986 (relating to addi- ducted under paragraphs (1) and (2). tional requirements for qualified veterans’ across this country in their efforts to (c) AUTHORIZATION OF APPROPRIATIONS.— mortgage bonds), as amended by section 1(a), find a cure for this tragic disease. I ask There is authorized to be appropriated— is amended by inserting after paragraph (3) unanimous consent that this be printed (1) $3,000,000 for fiscal year 1998; and the following new paragraph: in the RECORD. (2) $2,500,000 for each of fiscal years 1999 ‘‘(4) SUBCAP RESTRICTIONS.— There being no objection, the bill was through 2001. ‘‘(A) IN GENERAL.—An issue meets the re- ordered to be printed in the RECORD, as quirements of this paragraph only if the follows: By Mr. KOHL (for himself and amount of bonds issued pursuant thereto Mr. WYDEN): that is to be used to provide financing to S. 631 mortgagors who have not served on active Be it enacted by the Senate and House of Rep- S. 632. A bill to amend the Internal Revenue Code of 1986 with respect to duty at some time before January 1, 1977, resentatives of the United States of America in when added to the amount of the aggregate Congress assembled, the eligibility of veterans for mortgage qualified veterans’ mortgage bonds pre- SECTION 1. SHORT TITLE. revenue bond financing, and for other viously issued by the State during the cal- This Act may be cited as the ‘‘New Jersey purposes; to the Committee on Fi- endar year that is to be so used, does not ex- Women’s Environmental Health Act’’. nance. ceed the subcap amount. S3552 CONGRESSIONAL RECORD — SENATE April 23, 1997 ‘‘(B) SUBCAP AMOUNT.— eral, State and local—remains the purposes for which it was created. ‘‘(i) IN GENERAL.—The subcap amount for most appropriate way of managing Since that time, the city of Albuquer- any calendar year is an amount equal to the these important resources. que has gone to great lengths to mini- applicable percentage of the State veterans Even before its introduction, I have mize any disturbance to the artifacts. limit for such year. already heard from several of my col- ‘‘(ii) APPLICABLE PERCENTAGE.—For pur- In fact, the proposed road alignment poses of clause (i), the applicable percentage leagues that the Domenici bill regard- would not directly impact a single shall be determined under the following ing petroglyphs has begun to generate petroglyph as it ascends the escarp- table: controversy. I am sure that many more ment. Applicable things will be said about it following This legislation will once again com- ‘‘Calendar year: Percentage: today’s introduction. By introducing mit us to the goal of a national monu- 1998 ...... 10 this legislation, I want to reduced the ment that benefits the Albuquerque 1999 ...... 20 debate to the basic essence of the rel- area, the Pueblo people, and the public, 2000 ...... 30 evant issues. It is about resolving a at large. The relationship between the 2001 ...... 40 2002 and thereafter ...... 50.’’ problem for two growing communities city and the National Park Service has that encompass a national monument. deteriorated since all parties entered (b) RESTRICTION ON OVERALL STATE CAP.— Paragraph (3)(B) of section 143(l) of such That resolution involves providing ac- into a 1991 joint administrative agree- Code (relating to State veterans limit) is cess to less than one-quarter mile of a ment. The situation now goes beyond amended by adding at the end the following right-of-way that has been in the plan- issues surrounding the transportation flush sentence: ning process for well over a decade. The planning of the city of Albuquerque, ‘‘But in no event shall the State veterans problem with that one-quarter mile centered around Paseo del Norte, and limit exceed $340,000,000 for any calendar stretch is that it falls on city-owned whether it should or shouldn’t be ex- year after 1998.’’ land within the current boundaries of tended to the west side of the escarp- (c) CONFORMING AMENDMENT.—The matter the national monument. ment. As I mentioned earlier, the city preceding paragraph (1) of section 143(l) of This legislation will adjust the such Code is amended by striking ‘‘and (3)’’ of Albuquerque owns well over half of and inserting ‘‘, (3), and (4)’’. monument boundary to exclude ap- the land within the monument bound- (d) EFFECTIVE DATE.—The amendments proximately 8.5 acres, providing a cor- ary. A breakdown of cohesive and co- made by this section shall apply to bonds is- ridor for the extension of Paseo del ordinated management of the monu- sued after December 31, 1997. Norte. This accounts for approximately ment and its natural and cultural re- one-tenth of 1 percent of the 7,244 acres sources continues, and threatens to By Mr. DOMENICI: within the monument boundary. This dissolve the support of the local com- S. 633. A bill to amend the is not an authorization for the city of munities and the surrounding munici- Petroglyph Monument Establishment Albuquerque to begin construction on palities. As was the case when the Act of 1990 to adjust the boundary of the road. When passed, it will simply monument was established, a return to the monument, and for other purposes; remove the Federal Government as a the intimate working relationship be- to the Committee on Energy and Natu- barrier to the process of developing lo- tween the National Park Service and ral Resources. cally needed access to Albuquerque’s the cities of Albuquerque and Rio Ran- THE PETROGLYPH NATIONAL MONUMENT west side. cho is required. This cannot happen, BOUNDARY ADJUSTMENT ACT OF 1997 In order to maintain the local sup- however, until the issues surrounding Mr. DOMENICI. Mr. President, today port needed to sustain a national transportation planning are resolved, I am introducing legislation that for monument in an urban area, the city’s just as they were when the monument the past 6 years, I hoped would not be needs must be acknowledged and dealt was established. Without a cooperative necessary. This legislation is nec- with. The extension of Paseo del Norte and productive relationship between essary, however, to ensure that the is an important piece of the planned the cities and the Park Service, the American people will continue to be transportation network for the west monument will never be what it was able to enjoy the natural and cultural side. Access to much of the area for intended to be—a benefit to all Ameri- resources of Petroglyph National emergency services, such as ambulance cans. Monument. and fire equipment, is currently inad- Throughout the ongoing debate, the For almost 10 years, I have worked to equate. Albuquerque and Rio Rancho urban development on Albuquerque’s provide needed protection for the in- must have the ability to deal with the west side has been a constant reminder valuable cultural resources located needs of those who already live and that the monument does not exist in a throughout the 17-mile-long escarp- work in the area, and plan for needs of vacuum. Efforts to manage and protect ment on Albuquerque’s west side. In those who will live and work there in the monument’s natural and cultural 1990, New Mexico’s congressional dele- the future. At this point, growth and resources must be coordinated with the gation successfully enacted legislation development north and east of the needs of New Mexico’s fastest growing which I sponsored in the U.S. Senate to monument have eliminated any other cities—Albuquerque and Rio Rancho. establish Petroglyph National Monu- reasonable alternatives that would re- That is to say that neither altruistic ment. The bill was signed by President solve the problems that the cities face. protectionism, nor unmitigated growth George Bush on June 27, 1990, providing The need for a resolution is indicated can be paramount in this relationship. protection for prehistoric and historic by demographic and traffic pattern Both the city and the Park Service artifacts from looting, vandalism, and projections provided by the regional have made it clear that legislation is imminent development. planning organization, the Middle Rio required to reach the goal we all desire. That legislation provided a unique Grande Council of Governments. Unfortunately, there is no agreement management program for the new The extension of Paseo del Norte and on what the legislation should include. monument, directly involving the Na- the protection of the monument’s cul- The city sees its transportation and in- tional Park Service, the State of New tural resources are not mutually exclu- frastructure needs as the most impor- Mexico, and the city of Albuquerque. sive ideas. They have been brought to- tant component. The Park Service be- Cooperation was and remains critical gether before when a coalition was put lieves that resource management and because, among other reasons, the together in 1989 to address these very protection need to be considered as the State of New Mexico and the city of Al- same issues. At that time, the trans- top priority. Both the Park Service and buquerque hold title to almost 63 per- portation needs and preservation con- the city have sound reasons for their cent of the land within the boundaries cerns were coordinated to move for- respective positions. I believe that this of the monument. Albuquerque alone ward with an idea that all could sup- legislation is not only the right thing holds title to about 3,800 acres of the port. That plan, which resulted in the for the city of Albuquerque or Rio Ran- 7,244 acres within the monument. In creation of Petroglyph National Monu- cho, but the right thing for Petroglyph order to provide protection of the ment, acknowledged the idea that nei- National Monument. petroglyphs and other artifacts along ther the Paseo del Norte or Unser bou- In closing, Mr. President, I want to the escarpment, a partnership between levard extensions would detract from make it clear that neither the Park the three layers of government—Fed- the integrity of the monument, and the Service, nor the city of Albuquerque April 23, 1997 CONGRESSIONAL RECORD — SENATE S3553 can continue to pursue its own agenda Marcadas and Boca Negra Units, pursuant to These and other countries envy our without considering the needs of the section 104 of the Petroglyph National Monu- transportation system. We cannot af- other. We must all begin to refocus our ment Establishment Act of 1990 (Public Law ford to allow our global competitors to efforts on our ultimate goal, providing 101–313; 16 U.S.C. 431 note). outspend us on infrastructure improve- SEC. 3. BOUNDARY ADJUSTMENT. for Petroglyph National Monument in Section 104(a) of the Petroglyph National ments. Our ability to remain competi- a way that we can all be proud. I urge Monument Establishment Act of 1990 (Public tive in the future is tied to maintain- my colleagues to support this legisla- Law 101–313; 16 U.S.C. 431 note) is amended— ing an efficient transportation system tion that is critical to the communities (1) by redesignating paragraphs (1) and (2) and highly mobile workforce. of the Albuquerque area. Just as im- as subparagraphs (A) and (B), respectively, And Amtrak remains an important portant, this legislation is vital to the and indenting appropriately; component of such a transportation (2) by striking ‘‘(a) Upon’’ and inserting continued enhancement and protection the following: system. Every country that has a pas- of the national monument we created ‘‘(a) PIEDRAS MARCADAS AND BOCA NEGRA senger rail system provides some gov- in that urban area to preserve these in- UNITS.— ernment financial assistance. It only valuable cultural resources. ‘‘(1) IN GENERAL.—Upon’’; and makes sense that this country do the Without this, it seems to me the park (3) by adding at the end the following: same. ‘‘(2) BOUNDARY ADJUSTMENT.— will never again have cooperation be- ‘‘(A) EXCLUSION OF PASEO DEL NORTE COR- Amtrak is important to many com- tween the city, the State, and the Fed- RIDOR.—Notwithstanding paragraph (1), ef- munities around the country—it serves eral Government and what could have fective as of the date of enactment of this over 530 cities and towns. These include been a marvelous example of govern- subparagraph— 12 in my State of Montana—Libby, ment working together will probably ‘‘(i) the boundary of the monument is ad- Whitefish, West Glacier, Essex, East end up in shambles. justed to exclude the Paseo Del Norte cor- Glacier, Cut Bank, Malta, Browning, I send the bill to the desk and ask it ridor in the Piedras Marcadas Unit described Shelby, Havre, Wolf Point, and Glas- in Exhibit B of the document described in be appropriately referred. subparagraph (B); and gow. These Montana communities rely Mr. President, I ask unanimous con- ‘‘(ii) the Paseo Del Norte corridor shall be upon Amtrak as a transportation op- sent that the text of the bill be printed owned and managed as if the corridor had tion. in the RECORD. never been within the boundary of the monu- And Amtrak is an important eco- There being no objection, the bill was ment. nomic lifeline. Not only for the jobs di- ‘‘(B) DOCUMENT.—The document described ordered to be printed in the RECORD, as rectly related to Amtrak service, but follows: in this paragraph is the document entitled ‘‘Petroglyph National Monument Road-way/ Amtrak is an important tool in Mon- S. 633 Utility Corridors’’, on file with the Secretary tana’s tourism industry. Each year, Be it enacted by the Senate and House of Rep- of the Interior and the mayor of the City of Amtrak brings thousands of folks to resentatives of the United States of America in Albuquerque, New Mexico. our State to ski, hike, or just enjoy the Congress assembled, beauty of Montana. SECTION 1. SHORT TITLE. By Mr. BAUCUS (for himself, Mr. But in order for Amtrak to remain a This Act may be cited as the ‘‘Petroglyph WARNER, and Mr. BYRD): component of this Nation’s transpor- National Monument Boundary Adjustment S. 634. A bill to amend the Internal tation system, it must have a dedi- Act’’. Revenue Code of 1986 to deposit in the cated revenue source. Such a revenue SEC. 2. FINDINGS. highway trust fund the receipts of the source will give Amtrak the ability to Congress finds that— 4.3-cent increase in the fuel tax rates do long-term capitalization planning— (1) the purposes for which Petroglyph Na- enacted by the Omnibus Budget Rec- tional Monument was established continue planning and improvements that must onciliation Act of 1993, and for other be made in order for Amtrak to remain to be valid; purposes; to the Committee on Fi- (2) the valued cultural and natural re- viable. sources of Petroglyph National Monument nance. While I do not agree that Amtrak will be best preserved for the benefit and en- TAX LEGISLATION should be funded off of the top of the joyment of present and future generations Mr. BAUCUS. Mr. President, I rise highway trust fund as has been sug- under a cooperative management relation- today to introduce legislation to trans- gested by the administration, I do feel ship between the City of Albuquerque, New fer 4.3 cents of the Federal gas tax cur- we need to financially support Amtrak Mexico, the State of New Mexico, and the National Park Service; rently used for deficit reduction to into the next century. (3) the National Park Service has been un- transportation purposes. My bill will do that. It will provide a able to accommodate harmoniously the Specifically, this bill will transfer 3.8 substantial increase in available funds transportation needs of the City of Albuquer- cents to the highway account of the for all modes of transportation. que in balance with the preservation of cul- highway trust fund and one-half penny Mr. President, I ask unanimous con- tural and natural resources of Petroglyph to a new intercity passenger rail ac- sent that the bill be printed in the National Monument. count to be used for Amtrak or other RECORD. (4) corridors for the development of Paseo intercity passenger rail service. There being no objection, the bill was del Norte and Unser Boulevard are indicated Mr. President, this bill is important ordered to be printed in the RECORD, as on the map referred to in section 102(a) of because it is time to give the American the Petroglyph National Monument Estab- follows: lishment Act of 1990 (Public Law 101–313; 16 taxpayers the confidence that the fuel S. 634 U.S.C. 431 note), and the alignment of the taxes they pay will be used for trans- Be it enacted by the Senate and House of Rep- roadways was anticipated by Congress before portation purposes. resentatives of the United States of America in the date of enactment of the Act; The 3.8 cents deposited in the high- Congress assembled, (5) it was the intent of Congress in the pas- way account means over $5.5 billion in SECTION 1. RECEIPTS OF THE 4.3-CENT FUEL TAX sage of the Petroglyph National Monument additional funds would be available RATE INCREASE DEPOSITED IN THE Establishment Act of 1990 (Public Law 101– each year for transportation improve- HIGHWAY TRUST FUND; ESTABLISH- 313; 16 U.S.C. 431 note) to allow the City of ments. Those improvements could be MENT OF INTERCITY PASSENGER Albuquerque, New Mexico— RAIL ACCOUNT. for highway maintenance or other in- (A) to utilize the Paseo del Norte and (a) IN GENERAL.—Section 9503(f) of the In- Unser Boulevard corridors through frastructure safety improvements; ternal Revenue Code of 1986 (defining High- Petroglyph National Monument; and mass transit projects; bikepaths; pedes- way Trust Fund financing rate) is amended— (B) to coordinate the design and construc- trian walkways; or a variety of other (1) in paragraph (1)(A), by striking ‘‘11.5 tion of the corridors with the cultural and transportation projects that are eligi- cents per gallon (14 cents per gallon after natural resources of Petroglyph National ble today under the Intermodal Surface September 30, 1995)’’ and inserting ‘‘18.3 Monument; and Transportation Efficiency Act. cents per gallon’’; and (6) the city of Albuquerque, New Mexico, This Nation is losing ground with re- (2) in paragraph (1)(B), by striking ‘‘17.5 has not provided for the establishment of gard to transportation investments. cents per gallon (20 cents per gallon after rights-of-way for the Paseo del Norte and September 30, 1995)’’ and inserting ‘‘24.3 Unser Boulevard corridors under the Joint Japan spends four times the United cents per gallon’’. Powers Agreement (JPANO 78–521.81–277A), States on transportation as a percent- (b) CONFORMING AMENDMENTS.— which expanded the boundary of Petroglyph age of gross domestic product. And the (1) Section 9503(f)(2) of such Code is National Monument to include the Piedras Europeans spend twice as much. amended— S3554 CONGRESSIONAL RECORD — SENATE April 23, 1997 (A) in subparagraph (B), by striking ‘‘3 ‘‘(II) the number of months such State is a and women-owned business enterprises; cents’’ and inserting ‘‘7.3 cents’’; non-Amtrak State in such fiscal year. to the Committee on Finance. (B) in subparagraph (C), by striking ‘‘zero’’ If the amount determined under clause (ii) THE MINORITY AND WOMEN CAPITAL FORMATION and inserting ‘‘4.3 cents per gallon’’; exceeds the amount under clause (i) for any ACT OF 1997 (C) in subparagraph (D), by striking ‘‘zero’’ fiscal year, the amount under clause (ii) for and inserting ‘‘48.54 cents per MCF (deter- the following fiscal year shall be increased Mr. SPECTER. Mr. President, I have mined at standard temperature and pres- by the amount of such excess. sought recognition for the purpose of sure)’’; ‘‘(4) DEFINITIONS.—For purposes of this sub- introducing legislation captioned the (D) in subparagraph (E), by striking ‘‘11.5 section— Minority and Women Capital Forma- cents’’ and inserting ‘‘15.8 cents’’; and ‘‘(A) QUALIFIED EXPENSES.—The term tion Act of 1997. (E) in subparagraph (E), by striking ‘‘17.5 ‘qualified expenses’ means expenses incurred, I am introducing this legislation cents’’ and inserting ‘‘21.8 cents’’. with respect to obligations made, after Sep- which is designed to be an economic (2) Section 9503(f)(3)(A) of such Code is tember 30, 1997, and before October 1, 2003— stimulus to promote jobs and economic amended to read as follows: ‘‘(i) for— opportunity. Unquestionably, small ‘‘(A) IN GENERAL.—If the rate of tax on any ‘‘(I) in the case of the National Railroad fuel is determined under section Passenger Corporation, the acquisition of minority and women-owned businesses 4041(b)(2)(A), 4041(k), or 4081(c), the Highway equipment, rolling stock, and other capital can and must play an integral role in Trust Fund financing rate is the rate so de- improvements, the upgrading of mainte- expanding our economy, but they can- termined after September 30, 1997. In the nance facilities, and the maintenance of ex- not do so unless we are able to close case of a rate of tax determined under sec- isting equipment, in intercity passenger rail the great capital gap facing these busi- tion 4081(c), the preceding sentence shall be service, and the payment of interest and nesses. applied by increasing the rate specified by 0.1 principal on obligations incurred for such ac- This bill, captioned the Minority and cent.’’ quisition, upgrading, and maintenance, and Women Capital Formation Act of 1997, (3) Section 9503(f)(3)(C) of such Code is ‘‘(II) in the case of a non-Amtrak State, amended to read as follows: the acquisition of equipment, rolling stock, would close this gap by providing tar- ‘‘(C) PARTIALLY EXEMPT METHANOL OR ETH- and other capital improvements, the upgrad- geted tax incentives for investors to in- ANOL FUEL.—In the case of a rate of tax de- ing of maintenance facilities, and the main- vest equity capital in minority and termined under section 4041(m), the Highway tenance of existing equipment, in intercity women-owned small businesses, as well Trust Fund financing rate is the rate so de- passenger rail or bus service, and the pay- as venture capital funds which are termined after September 30, 1995.’’ ment of interest and principal on obligations dedicated to investing in minority and/ (4) Section 9503(f)(4) of such Code is amend- incurred for such acquisition, upgrading, and or women-owned businesses. ed by striking ‘‘zero’’ and inserting ‘‘4.3 maintenance, and As long as the Internal Revenue Code cents per gallon’’. ‘‘(ii) certified by the Secretary of Trans- continues tax incentives to promote portation on October 1 as meeting the re- (c) ESTABLISHMENT OF INTERCITY PAS- specified business activities, then I be- SENGER RAIL ACCOUNT.—Section 9503 of the quirements of clause (i) and as qualified for Internal Revenue Code of 1986 (relating to payment under paragraph (5) for the fiscal lieve this legislation is warranted. If Highway Trust Fund) is amended by adding year beginning on such date. we were to adopt a flat or modified flat at the end the following: ‘‘(B) NON-AMTRAK STATE.—The term ‘non- tax which I favor, and have proposed, ‘‘(g) ESTABLISHMENT OF INTERCITY PAS- Amtrak State’ means any State which does then I would be willing to forgo the tax SENGER RAIL ACCOUNT.— not receive intercity passenger rail service incentive because I believe sufficient ‘‘(1) CREATION OF ACCOUNT.—There is estab- from the National Railroad Passenger Cor- additional capital would be available lished in the Highway Trust Fund a separate poration. for the purpose without the specific in- account to be known as the ‘Intercity Pas- ‘‘(5) CONTRACT AUTHORITY.—Notwithstand- ing any other provision of law, the Secretary centive. senger Rail Account’, consisting of such Small businesses in general face lim- amounts as may be transferred or credited to of Transportation shall certify expenses as the Intercity Passenger Rail Account as pro- qualified for a fiscal year on October 1 of ited access to capital. In many in- vided in this subsection or section 9602(b). such year, in an amount not to exceed the stances, this lack of access amounts to ‘‘(2) TRANSFERS TO INTERCITY PASSENGER amount of receipts estimated by the Sec- a failure of many such businesses to RAIL ACCOUNT.— retary of the Treasury to be transferred to succeed. But unlike other small busi- ‘‘(A) IN GENERAL.—The Secretary of the the Intercity Passenger Rail Account for nesses owned by minorities or women Treasury shall transfer to the Intercity Pas- such fiscal year. Such certification shall re- which have traditionally faced greater senger Rail Account the intercity passenger sult in a contractual obligation of the United States for the payment of such expenses. barriers in addressing private capital rail portion of the amounts appropriated to for startups, these businesses have the Highway Trust Fund under subsection ‘‘(6) TAX TREATMENT OF ACCOUNT EXPENDI- (b) which are attributable to taxes under sec- TURES.—With respect to any payment of been unable to achieve such funding. tions 4041 and 4081 imposed after September qualified expenses from the Intercity Pas- Candidly, many of these barriers are 30, 1997, and before October 1, 2003. senger Rail Account during any taxable year founded in racism and sexism, two sub- ‘‘(B) INTERCITY PASSENGER RAIL PORTION.— to a taxpayer— jects we do not like to talk about but For purposes of subparagraph (A), the term ‘‘(A) such payment shall not be included in two subjects which are very important ‘intercity passenger rail portion’ means an the gross income of the taxpayer for such and really very pervasive in our soci- amount determined at the rate of 0.5 cent for taxable year, ety. each gallon with respect to which tax was ‘‘(B) no deduction shall be allowed to the taxpayer with respect to any amount paid or While the United States has bene- imposed under section 4041 or 4081. fited from civil rights laws, we have ‘‘(3) EXPENDITURES FROM ACCOUNT.— incurred which is attributable to such pay- not yet moved ahead on the business ‘‘(A) IN GENERAL.—Amounts in the Inter- ment, and city Passenger Rail Account shall be avail- ‘‘(C) the basis of any property shall be re- front to provide the kinds of capitaliza- able without fiscal year limitation to fi- duced by the portion of the cost of such prop- tion which we need. The ‘‘capital gap’’ nance qualified expenses of— erty which is attributable to such payment. is a phrase adopted by the U.S. Com- ‘‘(i) the National Railroad Passenger Cor- ‘‘(7) TERMINATION.—The Secretary shall de- mission on Minority Business Develop- poration, and termine and retain, not later than October 1, ment. In its 1990 interim report, the ‘‘(ii) each non-Amtrak State, to the extent 2003, the amount in the Intercity Passenger Rail Account necessary to pay any outstand- Commission found that the availability determined under subparagraph (B). of capital is probably the single most ‘‘(B) MAXIMUM AMOUNT OF FUNDS TO NON- ing qualified expenses, and shall transfer any important variable affecting minority AMTRAK STATES.—Each non-Amtrak State amount not so retained to the Highway shall receive under this paragraph an Trust Fund.’’ business. As stated by the Commission amount equal to the lesser of— (d) EFFECTIVE DATES.— ‘‘the problem is twofold: Lack of access ‘‘(i) the State’s qualified expenses for the (1) TRANSFER OF TAXES.—The amendments to capital and credit and the need for fiscal year, or made by subsections (a) and (b) apply to fuel development of alternatives to conven- ‘‘(ii) the product of— removed after September 30, 1997. tional financial instruments and (2) ACCOUNT.—The amendment made by ‘‘(I) 1⁄12 of 1 percent of the lesser of— intermediaries.’’ ‘‘(aa) the aggregate amounts transferred subsection (c) applies with respect to taxes imposed on and after October 1, 1997. In its 1992 final report, the Commis- and credited to the Intercity Passenger Rail sion said: ‘‘Without timely access to Account under paragraph (1) for such fiscal year, or By Mr. SPECTER: capital, you can’t start or grow a busi- ‘‘(bb) the aggregate amounts appropriated S. 635. A bill to amend the Internal ness, particularly growth firms being from the Intercity Passenger Rail Account Revenue Code of 1986 to provide incen- weaned off solely Government busi- for such fiscal year, and tives for investments in disadvantaged ness.’’ April 23, 1997 CONGRESSIONAL RECORD — SENATE S3555 In 1988, the House Committee on qualified within the meaning of the Mr. President, I ask unanimous con- Small Business, in its report, New Eco- legislation. sent that the text of the bill be printed nomic Realties, The Rise of Women En- Admittedly, my proposal may not be in the RECORD. trepreneurs, also noted the barriers inexpensive. To address the cost issue, There being no objection, the bill was which women face in accessing capital perhaps the bill should be limited to a ordered to be printed in the RECORD, as and the need for the Federal Govern- tax credit, or perhaps to the capital follows: ment to take into account alternative gains benefit. In any event, I am will- Be it enacted by the Senate and House of Rep- ing to work with the estimators, my resentatives of the United States of America in development financing institutions and Congress assembled, eliminating or circumventing such bar- colleagues, and others to modify my bill as necessary to achieve the ulti- SECTION 1. SHORT TITLE. riers. This Act may be cited as the ‘‘Minority Mr. President, this legislation is de- mate goal of eliminating the capital and Women Capital Formation Act of 1997’’. signed to focus our attention on criti- gap confronting minority- and women- SEC. 2. INCENTIVES FOR INVESTMENTS IN DIS- cal elements of a national strategy for owned businesses. ADVANTAGED AND WOMEN-OWNED providing access to capital and credit Some may question the use of tax ENTERPRISES. policy in the manner I am proposing. (a) Subchapter P of chapter 1 of the Inter- from minorities and women in busi- nal Revenue Code of 1986 (relating to capital ness. The bill provides investors, and However, just as we use tax policy to foster development of housing, jobs, gains and losses) is amended by adding at the others who invest equity, capital in a end thereof the following new part: small minority or women-owned busi- and research and development, so too should we utilize tax policy to foster ‘‘PART VI—INCENTIVES FOR INVESTMENTS IN nesses or venture capital for minori- DISADVANTAGED AND WOMEN-OWNED ENTER- economic empowerment of minority ties, African-Americans, Hispanics, et PRISES and women business owners who will cetera, will have tax breaks of, first, ‘‘Subpart A—Initial investment incentives. provide jobs and generate tax revenues. ‘‘Subpart B—Capital gain provisions. the option to elect either a tax deduc- Stated differently, this bill is really a tion or a tax credit subject to certain ‘‘Subpart C—General provisions. Federal investment strategy for such ‘‘Subpart A—Initial Investment Incentives annual and lifetime caps and, second, a businesses. The proposed tax expendi- partial capital gains exclusion of lim- ‘‘SEC. 1301. Deduction for investment in tures represent seed capital to help de- minority and women venture capital funds. ited deferral of the remaining capital velop greater self-sufficiency in the ‘‘SEC. 1302. Deduction for investment in gain if it is reinvested in another mi- long term. In this regard, the bill rec- small minority and women’s business cor- nority or women-owned small business. ognizes that capital targeted to women porations. ‘‘SEC. 1303. Taxpayer may elect credit in Mr. Robert Johnson, president of and minority business is an essential, Black Entertainment Holdings, a mi- lieu of deduction. but often overlooked component of eco- ‘‘SEC. 1304. Recapture provisions. nority-controlled enterprise publicly nomic development. In my judgment, traded on the New York Stock Ex- ‘‘SEC. 1301. DEDUCTION FOR INVESTMENT IN MI- it is a very creative tool to spur busi- NORITY AND WOMEN VENTURE CAP- change, testified in 1992 before the ness growth and job creation, particu- ITAL FUNDS Banking Committee on the availability larly in distressed communities. ‘‘(a) GENERAL RULE.—There shall be al- of capital to minority businesses. He Another very important feature of lowed as a deduction an amount equal to the stated: ‘‘The urgency of the problem sum of the aggregate bases of— the bill is the provision of similar tax ‘‘(1) qualified minority fund interests, and requires more adventuresome kinds of incentives for those who invest in ven- ‘‘(2) qualified women’s fund interests, policies. Policies that are designed to ture capital funds dedicated to invest- which are acquired by the taxpayer during deal with a specific problem should be ing in minority- and/or women-owned the taxable year at their original issuance problem specific in their solution.’’ businesses. Prior to 1970, the Federal (directly or through an underwriter), and Mr. President, I note that in the 1981 Government had no dedicated sources which are held by the taxpayer as of the to 1990 timeframe, the venture capital of financing for disadvantaged busi- close of such taxable year. ‘‘(b) LIMITATIONS.—The amount allowable resources increased from approxi- nesses. In 1971, however, Congress au- mately $5.8 billion to some $36 billion as a deduction under subsection (a)(1) or (2), thorized the creation of the specialized respectively, for any taxable year shall not but less than one-half of 1 percent of small business investment company exceed $300,000 ($150,000 in the case of a sepa- the capital raised by the majority ven- [SSBIC] program administered by the rate return by a married individual). ture capital industry was invested in Small Business Administration. For ‘‘(c) QUALIFIED MINORITY FUND INTEREST.— minority- or women-operated busi- the last 20 years SSBIC’s have been the For purposes of this part, the term ‘qualified nesses, which demonstrates the need primary source of capital for disadvan- minority fund interest’ means any stock in a for legislation of this type and incen- domestic corporation or partnership interest taged businesses. In the face of tremen- in a domestic partnership if— tives. dous obstacles SSBIC’s and the minor- ‘‘(1) such stock or partnership interest (as I believe minority and women small ity venture capital industry have made the case may be) is issued after the date of business development is critical to a real difference. For example, accord- the enactment of this part solely in ex- urban revitalization, job creation, and ing to the National Association of In- change for money, long-term economic growth. No one de- vestment Companies [NAIC], over the ‘‘(2) such corporation or partnership (as nies the need for urban revitalization last decade they have raised and in- the case may be) was formed exclusively for and job creation to facilitate a sus- purposes of— vested nearly $1 billion in disadvan- ‘‘(A) acquiring at original issuance equity tained economic recovery. And no one taged businesses. interests in qualified minority corporations, should deny the role that women and In sum, Mr. President, there remains or minority business owners must have in a need to facilitate the development of ‘‘(B) making loans to such corporations, this effort. During the 102d Congress as minority- and women-owned small and a member of the Banking Committee, I business. We cannot allow the capital ‘‘(3) at least 70 percent of the total bases of its assets is represented by— heard many firsthand accounts con- gap to grow. If we are to remain a pro- ‘‘(A) investments referred to in paragraph cerning the lack of access to capital for ductive and competitive nation, we (2), and minority- and women-owned busi- must eliminate it. Moreover, there is ‘‘(B) cash and cash equivalents. nesses. In some cases the cause is out- no substitute for equity capital. Fed- For purposes of paragraph (2), the term ‘eq- right discrimination; in other in- eral policies should not focus exclu- uity interests’ means stock, warrants, and stances investor or lender ignorance of sively on debt financing. With targeted convertible securities. ‘‘(d) QUALIFIED WOMEN’S FUND INTEREST.— the marketplace; in other fear. What- tax incentives, such as those that I am For purposes of this part, the term ‘qualified ever the cause, we are facing an emer- proposing, we can cause greater invest- women’s fund interest’ shall be determined gency that requires Congress’ and the ment of equity in businesses that tradi- under subsection (c) by substituting ‘quali- President’s immediate attention. tionally have not been able to access it fied women’s corporations’ for ‘qualified mi- To avoid abuse, the bill also imposes to any significant degree. I believe this nority corporations’ in paragraph (2)(B). minimum holding periods of 5 years for capital formation bill will take us a ‘‘SEC. 1302. DEDUCTION FOR INVESTMENT IN such investments and contains recap- SMALL MINORITY AND WOMEN’S long way toward achieving this goal. I, BUSINESS CORPORATIONS. ture provisions for instances where the therefore, encourage my colleagues to ‘‘(a) GENERAL RULE.—There shall be al- minority- or women-owned business or join my efforts to enact this much lowed as a deduction an amount equal to the venture capital fund fails to remain needed legislation. sum of the aggregate bases of— S3556 CONGRESSIONAL RECORD — SENATE April 23, 1997 ‘‘(1) small minority business stock, and which are acquired by the taxpayer during cable, acquired during the taxable year on ‘‘(2) small women’s business corporations, the taxable year at their original issuance the basis of their respective bases (as deter- which are acquired by the taxpayer during (directly or through an underwriter), and mined before any reduction under this sub- the taxable year at its original issuance (di- which are held by the taxpayer at the end of section). rectly or through an underwriter), and which the taxable year. ‘‘(b) DEDUCTION RECAPTURED AS ORDINARY are held by the taxpayer as of the close of ‘‘(2) LIMITATIONS.—The amount allowable INCOME.— such taxable year. as a credit under paragraph (1) for any tax- ‘‘(1) IN GENERAL.—For purposes of section ‘‘(b) LIMITATIONS.— able year shall not exceed the lesser of— 1245— ‘‘(1) NONCORPORATE TAXPAYERS.— ‘‘(A) $500,000 ($250,000 in the case of a sepa- ‘‘(A) any property the basis of which is re- ‘‘(A) IN GENERAL.—In the case of a taxpayer rate return by a married individual), or duced under subsection (a) (and any other other than a corporation, the amount allow- ‘‘(B) $7,000,000, ($3,500,000 in the case of a property the basis of which is determined in able as a deduction under subsection (a)(1) or separate return by a married individual), re- whole or in part by reference to the adjusted (2), respectively, for any taxable year shall duced by the amount of the credit allowed basis of such property) shall be treated as not exceed the lesser of— under paragraph (1) for all preceding taxable section 1245 property; and ‘‘(i) $50,000 ($25,000 in the case of a separate years. ‘‘(B) any reduction under subsection (a) return by a married individual), or ‘‘(3) CARRYOVER.—If the amount otherwise shall be treated as a deduction allowed for ‘‘(ii) $500,000 ($250,00 in the case of a sepa- allowable as a credit under paragraph (1) ex- depreciation. If an exchange of any stock the rate return by a married individual) reduced ceeds the limitation under paragraph (2)(A) basis of which is reduced under subsection by the aggregate amount allowable as a de- for any taxable year, the amount of such ex- (a) qualifies under section 354(a), 355(a), or duction under subsection (a)(1) or (2), respec- cess shall, subject to the limitation of para- 356(a), the amount of gain recognized under tively, the taxpayer for prior taxable years. graph (2), be treated as an amount which is section 1245 by reason of this paragraph shall ‘‘(B) CARRYOVER.—If the amount otherwise allowable as a credit in the following taxable not exceed the amount of gain recognized in deductible under subsection (a) exceeds the year. the exchange (determined without regard to limitation under subparagraph (A)(1) for any ‘‘(b) SMALL MINORITY AND WOMEN’S BUSI- this paragraph). taxable year, the amount of such excess shall NESS CORPORATIONS.— ‘‘(2) CERTAIN EVENTS TREATED AS DISPOSI- be treated as an amount described in sub- ‘‘(1) IN GENERAL.—A taxpayer may elect, in TIONS.—For purposes of this section, if— section (a) which is paid in the following tax- lieu of the deduction under section 1302, to ‘‘(A) a deduction was allowable under sec- able year. take a credit against the tax imposed by this tion 1301, or a credit was allowable under ‘‘(C) SPECIAL RULE.—The amount allowable chapter for the taxable year in an amount section 1303, with respect to any stock in a as a deduction under subparagraph (A)(i) or equal to 10 percent of the sum of the aggre- corporation or interest in a partnership and (ii) with respect to any joint return shall be gate bases of— such corporation or partnership, as the case allocated equally between the spouses in de- ‘‘(A) small minority business stock may be, ceases to meet the requirements of termining the limitation under subparagraph ‘‘(B) small women’s business corporations, paragraphs (2) and (3) of section 1301(c), or (A)(ii) for any subsequent taxable year. which are acquired by the taxpayer during ‘‘(B) a deduction was allowable under sec- ‘‘(2) CORPORATE TAXPAYER.—In the case of the taxable year at their original issuance tion 1302, or a credit was allowable under a corporation, the amount allowable as a de- (directly or through an underwriter), and section 1303, with respect to any stock in a duction under subsection (a) (1) or (2), re- which are held by the taxpayer at the end of corporation and such corporation ceases to spectively, for any taxable year shall not ex- the taxable year. be a qualified minority corporation or quali- ceed $100,000. ‘‘(2) LIMITATIONS.—The amount allowable fied women’s corporation, whichever is appli- ‘‘(c) SMALL MINORITY BUSINESS STOCK.— as a credit under paragraph (1) for any tax- cable, For purposes of this part, the term ‘small able year shall not exceed the lesser of— the taxpayer shall be treated as having dis- minority business stock’ means any stock in ‘‘(A) $250,000 ($125,000 in the case of a sepa- posed of such property for an amount equal a qualified minority corporation if— rate return by a married individual), or to its fair market value. ‘‘(1) as of the date of the issuance of such ‘‘(B) $5,000,000 ($2,500,000 in the case of the ‘‘(c) INTEREST CHARGED IF DISPOSITION stock, the total bases of property owned or separate return by a married individual), re- WITHIN 5 YEARS.— leased by such corporation does not exceed duced by the amount of the credit allowed ‘‘(1) IN GENERAL.—If a taxpayer disposes of $12,000,000, under paragraph (1) for all preceding taxable any property the basis of which is reduced ‘‘(2) such stock is issued after the date of years. under subsection (a) before the date 5 years the enactment of this part solely in ex- ‘‘(3) CARRYOVER.—If the amount otherwise after the date of its acquisition by the tax- change for money, and allowable as a credit under paragraph (1) ex- payer, the tax imposed by this chapter for ‘‘(3) such corporation elects to treat such ceeds the limitation under paragraph (2)(A) the taxable year in which such disposition stock as small minority business stock for for any taxable year, the amount of such ex- occurs shall be increased by interest at the purposes of this section. An election under cess shall, subject to the limitation of para- underpayment rate (established under sec- paragraph (3), once made, shall be irrev- graph (2), be treated as an amount which is tion 6621(a)(2))— ocable. allowable as a credit in the following taxable ‘‘(A) on the additional tax which would ‘‘(d) SMALL WOMEN’S BUSINESS STOCK.—For year. have been imposed under this chapter for the purposes of this part, the term ‘small wom- ‘‘(c) APPLICATION WITH OTHER PROVI- taxable year in which such property was ac- en’s business stock’ means any stock in a SIONS.—For purposes of this title, any credit quired if such property had not been taken qualified women’s corporation if— allowed under this section shall be treated in into account under section 1301, 1302, or 1303, ‘‘(1) as of the date of the issuance of such the same manner as a credit allowed under whichever is applicable; stock, the total bases of property owned or subpart B of part IV of subchapter A. ‘‘(B) for the period on the due date for the leased by such corporation does not exceed ‘‘(d) ELECTION.—An election under this sec- taxable year in which the property was ac- $12,000,000, tion for any taxable year shall be made at quired and ending on the due date for the ‘‘(2) such stock is issued after the date of such time and in such manner as the Sec- taxable year in which the disposition occurs. the enactment of this part solely in ex- retary may prescribe and shall apply with re- For purposes of the preceding sentence, the change for money, and spect to all acquisitions to which this sub- term ‘due date’ means the due date (deter- ‘‘(3) such corporation elects to treat such part applies for such taxable year. mined without regard to extensions for filing stock as small women’s business stock for ‘‘SEC. 1304. RECAPTURE PROVISIONS. the return of the tax imposed by this chap- purposes of this section. An election under ‘‘(a) BASIS REDUCTION.—For purposes of ter). paragraph (3), once made, shall be irrev- this title, the basis of any qualified minority ‘‘(2) SPECIAL RULE.—Any increase in tax ocable. or women’s fund interest or small minority under paragraph (1) shall not be treated as a ‘‘(e) ISSUER LIMITATION.—The aggregate or women’s business stock shall be reduced tax imposed by this chapter, for purposes of amount of stock for which an issuer may by the amount of the deduction allowed determining the amount of any credit allow- make an election under subsection (c)(3) or under section 1301 or 1302, or the credit al- able under this chapter or the amount of the (d)(3) shall not exceed $5,000,000. lowed under section 1303, with respect to minimum tax imposed by section 55. ‘‘SEC. 1303. TAXPAYER MAY ELECT CREDIT IN such property. In any case in which the de- ‘‘Subpart B—Capital Gain Provisions LIEU OF DEDUCTION. duction allowable under subsection (a) of ‘‘SEC. 1311. Exclusion of gain on sale by ‘‘(a) MINORITY AND WOMEN VENTURE CAP- section 1301 or 1302 (as the case may be) is qualified minority or women’s fund. ITAL FUNDS.— limited by reason of subsection (b) of such ‘‘SEC. 1312. Deferral of capital gain rein- ‘‘(1) IN GENERAL.—A taxpayer may elect, in section, or in any case in which the credit al- vested in certain property. lieu of the deduction under section 1301, to lowable under subsection (a)(1) or (b)(1) of ‘‘SEC. 1311. EXCLUSION OF GAIN ON SALE BY take a credit against the tax imposed by this section 1303 is limited by reason of sub- QUALIFIED MINORITY OR WOMEN’S chapter for the taxable year in an amount section (a)(2) or (b)(2) of section 1303, the de- FUND. equal to 15 percent of the sum of the aggre- duction of credit shall be allocated propor- ‘‘(a) GENERAL RULE.—Gross income shall gate bases of— tionately among the qualified minority or not include 50 percent of any gain on the sale ‘‘(A) qualified minority fund interests, and women’s fund interests or small minority or or exchange of any property by a qualified ‘‘(B) qualified women’s fund interest, women’s business stock, whichever is appli- minority or women’s fund if such property April 23, 1997 CONGRESSIONAL RECORD — SENATE S3557

was acquired after the date of the enactment ‘‘(3) REINVESTMENT PERIOD.—The term ‘re- ‘‘(2) throughout the 5-year period ending of this part and was held by such fund for at investment period’ means, with respect to on the date as of which the determination is least 5 years. any sale or exchange, the period beginning being made (or, if shorter, throughout the ‘‘(b) QUALIFIED MINORITY FUND.—For pur- on the date of the sale or exchange and end- period such corporation was in existence), poses of this section, the term ‘qualified mi- ing on the day 1 year after the close of the such corporation has been engaged in the ac- nority fund’ means any domestic corporation taxable year in which the sale or exchange tive conduct of a trade or business or in or domestic partnership which meets the re- occurs. startup activities relating to a trade or busi- quirements of paragraphs (2) and (3) of sec- ‘‘(d) TERMINATION OF DEFERRAL IN CERTAIN ness, and tion 1301(c). CASES.— ‘‘(3) substantially all of the assets of such ‘‘(c) QUALIFIED WOMEN’S FUND.—For pur- ‘‘(1) CERTAIN DISPOSITIONS, ETC., OF RE- corporation are used in the active conduct of poses of this section, the term ‘qualified PLACEMENT PROPERTY.— a trade or business or in startup activities women’s fund’ means any domestic corpora- ‘‘(A) IN GENERAL.—If the taxpayer disposes related to a trade or business. of any qualified property before the date 5 tion or partnership meeting the require- ‘‘SEC. 1322. QUALIFIED WOMEN’S CORPORATION. ments of paragraphs (2) and (3) of section years after the date of its purchase— ‘‘(i) any amount treated as a qualified rein- ‘‘For purposes of this part, the term ‘quali- 1301(c) (as modified by section 1301(d)). fied women’s corporation’ means any domes- ‘‘SEC. 1312. DEFERRAL OF CAPITAL GAIN REIN- vested capital gain by reason of the purchase of such property (to the extent not pre- tic corporation if— VESTED IN CERTAIN PROPERTY. ‘‘(1) 50 percent or more of the total value of ‘‘(a) GENERAL RULE.—Except as otherwise viously taken into account under subsection the stock of such corporation is held by indi- provided in this section, in the case of an in- (a)) shall be taken into account for the tax- viduals who are women, dividual, any qualified reinvested capital able year in which such disposition or ces- ‘‘(2) the management and daily business gain shall be taken into account for purposes sation occurs, and operations of the corporation are controlled of this title— ‘‘(ii) the tax imposed by this chapter for ‘‘(1) in the 9th taxable year following the the taxable year in which such disposition or by one or more women, and taxable year of the sale or exchange, or cessation occurs shall be increased by inter- ‘‘(3) the requirements of paragraphs (2) and ‘‘(2) in such earlier taxable year (or years) est at the underpayment rate (established (3) of section 1301 are met with respect to the following the taxable year of the sale or ex- under section 6621(a)(2))— corporation. change as the taxpayer may provide. ‘‘(I) on the additional tax which would ‘‘SEC. 1323. OTHER DEFINITIONS AND SPECIAL ‘‘(b) LIMITATIONS.— have been imposed under this chapter (but RULES. ‘‘(1) DOLLAR LIMITATION.— for this section) for the taxable year of the ‘‘(a) MINORITY INDIVIDUALS.—For purposes ‘‘(A) IN GENERAL.—The amount of the gain sale or exchange, and of this part, individuals are members of a mi- to which subsection (a) applies shall not ex- ‘‘(II) for the period of the deferral under nority if the participation of such individ- ceed $500,000, reduced by the aggregate this section. Any increase in tax under uals in the free enterprise system is ham- amount of gain of the taxpayer to which sub- clause (ii) shall not be treated as a tax im- pered because of social disadvantage within section (a) applied for prior taxable years. posed by this chapter for purposes of deter- the meaning of section 301(d) of the Small This subparagraph shall be applied sepa- mining the amount of any credit allowable Business Investment Act of 1958. rately for property described in subsections under this chapter or the amount of the min- ‘‘(b) CONTROLLED GROUP RULES.— (c)(2)(A) and (B) and for property described imum tax imposed by section 55. ‘‘(1) IN GENERAL.—All corporations which in subsection (c)(2)(C) and (D). ‘‘(B) CERTAIN EVENTS TREATED AS DISPOSI- are members of the same controlled groups ‘‘(B) SPECIAL RULE.—The amount of gain to TIONS.—For purposes of subparagraph (A), shall be treated as 1 corporation for purposes which subsection (a) applied on a joint re- rules similar to the rules of section 1304(b)(2) of this part. turn for any taxable year shall be allocated shall apply. ‘‘(2) CONTROLLED GROUP.—For purposes of equally between the spouses in determining ‘‘(2) LAST TAXABLE YEAR.—In the case of paragraph (1), the term ‘controlled group’ the limitation under subparagraph (A) for the last taxable year of any taxpayer, any has the meaning given such term by section any subsequent taxable year. qualified reinvestment capital gain (to the 179(d)(7).’’ ‘‘(2) INELIGIBILITY OF CERTAIN TAXPAYERS.— extent not previously taken into account (b) The table or parts for subchapter P of Subsection (a) shall not apply to— under subsection (a)) shall be taken into ac- chapter 1 of such Code is amended by adding ‘‘(A) a married individual (as defined in count for such last taxable year. at the end thereof the following item: section 7703) who does not file a joint return ‘‘(e) COORDINATION WITH INSTALLMENT ‘‘Part VI. Incentives for investments in dis- for the taxable year, or METHOD REPORTING.—This section shall not ‘‘(B) any estate or trust. apply to any gain from any installment sale advantaged and women-owned ‘‘(c) QUALIFIED REINVESTED CAPITAL (as defined in section 453(b)) if section 453(a) enterprises.’’ GAIN.—For purposes of this section— applies to such sale. (c) The amendments made by this section ‘‘(1) QUALIFIED REINVESTED CAPITAL GAIN.— ‘‘(f) STATUTE OF LIMITATIONS.—If any gain shall apply to taxable years ending after the The term ‘qualified reinvested capital gain’ is realized by the taxpayer on any sale or ex- date of the enactment of this Act. means the amount of any long-term capital change to which an election under this sec- gain (determined without regard to this section applies, then— By Mr. FRIST (for himself, Mr. JEF- tion) from any sale or exchange after the ‘‘(1) the statutory period for the assess- date of the enactment of this part to which ment of any deficiency with respect to such FORDS, Mr. DEWINE, Mr. DORGAN, an election under this section applies but gain shall not expire before the expiration of Mr. MURKOWSKI, Mr. LEVIN, Mr. only to the extent that the amount of such 3 years from the date the Secretary is noti- THURMOND, Mrs. MURRAY, Mr. WAR- gain exceeds the excess (if any) of— fied by the taxpayer (in such manner as the NER, and Mr. GREGG): ‘‘(A) the amount realized on such sale or Secretary may by regulations prescribe) of— S. 636. A bill to establish a congres- exchange, over ‘‘(A) the taxpayer’s cost of purchasing any ‘‘(B) the cost of any qualified property qualified property, sional commemorative medal for organ which the taxpayer elects to take into ac- ‘‘(B) the taxpayer’s intention not to pur- donors and their families; to the Com- count under this paragraph with respect to chase qualified property within the reinvest- mittee on Banking, Housing, and such sale or exchange. For purposes of sub- ment period, or Urban Affairs. paragraph (B), the cost of any property shall ‘‘(C) a failure to make such purchase within the reinvestment period, and THE GIFT OF LIFE CONGRESSIONAL MEDAL ACT be reduced by the portion of such cost pre- OF 1997 viously taken into account under this para- ‘‘(2) such deficiency may be assessed before graph. the expiration of such 3-year period notwith- Mr. FRIST. Mr. President, I take ‘‘(2) QUALIFIED PROPERTY.—The term standing the provisions of any law or rule of great pleasure today in introducing the ‘qualified property’ means— law which would otherwise prevent such as- Gift of Life Congressional Medal Act of ‘‘(A) any qualified minority fund interest sessment. 1997. With this legislation, which acquired by the taxpayer at its original issu- ‘‘Subpart C—General Provisions doesn’t cost taxpayers a penny, Con- ance (directly or through an underwriter), ‘‘SEC. 1321. Qualified minority corporation gress has the opportunity to recognize ‘‘(B) any small minority business stock ac- defined. and encourage potential donors, and quired by the taxpayer at its original issu- ‘‘SEC. 1322. Qualified women’s corporation ance (directly or through an underwriter), defined. give hope to over 52,000 Americans who ‘‘(C) any qualified women’s fund interest ‘‘SEC. 1323. Other definitions and special have end-stage disease. As a heart and acquired by the taxpayer at its original issu- rules. lung transplant surgeon, I saw one in ance (directly or through an underwriter), ‘‘SEC. 1321. QUALIFIED MINORITY CORPORATION four of my patients die because of the and DEFINED. lack of available donors. Public aware- ‘‘(D) any small women’s business stock ac- ‘‘For purposes of this part, the term ‘quali- ness simply has not kept up with the quired by the taxpayer at its original issu- fied minority corporation’ means any domes- relatively new science of transplan- ance (directly or through an underwriter). tic corporation if— Such term shall not include any property ‘‘(1) 50 percent or more of the total value of tation. As public servants, we need to taken into account by the taxpayer under the stock of such corporation is held by indi- do all we can to raise awareness about section 1301, 1302, or 1303. viduals who are members of a minority, the gift of life. S3558 CONGRESSIONAL RECORD — SENATE April 23, 1997 Under this bill, each donor or donor full-time-equivalent resident reim- collected by Federal tax intercept as family will be eligible to receive a bursement for an additional one year collected directly by the States, and commemorative Congressional medal. under Medicare for direct graduate for other purposes; to the Committee It is not expected that all families, medical education for residents en- on Finance. many of whom wish to remain anony- rolled in combined approved primary CHILD SUPPORT ARREARAGES LEGISLATION mous, will take advantage of this op- care medical residency training pro- Ms. SNOWE. Mr. President, I rise portunity. The program will be coordi- grams; to the Committee on Finance. today to introduce a bill designed to nated by the regional organ procure- THE PRIMARY CARE PROMOTION ACT OF 1997 rectify an inequity in child support law ment organizations [OPO’s] and man- Mr. DEWINE. Mr. President, I rise which will enable families to keep aged by the entity administering the today to introduce the Primary Care more of past-due support owed to them. Organ Procurement and Transplan- Promotion Act of 1997. This bill would I am extremely pleased that my col- tation Network. Upon request of the restore full Federal funding under Med- league from West Virginia, Mr. ROCKE- family or individual, a public official icare for graduate medical education FELLER, has joined me today in offering will present the medal to the donor or for physicians specializing in approved this bill, and that Representative the family. This creates a wonderful combined primary care residency NANCY JOHNSON is offering a companion opportunity to honor those sharing life training programs. This legislation is bill in the House. through donation and increase public needed to refocus the recently issued Last year, my bill, the Child Support awareness. Some researchers have esti- HCFA regulations that reduce the level Improvement Act of 1996, was enacted mated that it may be possible to in- of Federal funding to graduate medical into law as part of the Personal Re- crease the number of organ donations education paid by the Medicare pro- sponsibility and Work Opportunity by 80 percent through incentive program. Reconciliation Act (Welfare Reform grams and public education. While HCFA’s goals—reducing Medi- Act). This bill contained comprehen- As several recent experiences have care spending and placing sensible lim- sive reforms to ensure that deadbeat proved, any one of us, or any member itations on the number of new special- parents could no longer renege on their of our families, could need a life saving ists trained in this country—are praise- responsibilities as parents to care for transplant tomorrow. We would then worthy, we must not lose sight of the and support their children. It included be placed on a waiting list to anxiously fact that we face a shortage of primary provisions to dramatically improve await our turn, or our death. The num- care physicians, and particularly those States’ ability to collect child support, ber of people on the list has more than who treat children. particularly across State lines, and to doubled sine 1990—and a new name is The Federal Government has used take maximum advantage of computer added to the list every 18 minutes. In Medicare dollars effectively to support technology in order to track down my home State of Tennessee, 98 Ten- physicians who specialize in care for missing parents and ensure that child nesseans died while waiting last year, our seniors. Now, in my view, we must support gets paid promptly. It also will and more than 900 people are in need in make a similar commitment to ensure help increase the rate of paternity es- a transplant. Nationally, because of a that medical professionals are prepared tablishment, require the provision if lack or organs, close to 4,000 individ- to meet the health needs of our chil- health insurance coverage in child sup- uals died who were on the list in 1996. dren. Despite what the bulk of our port orders, and improve the process However, the official waiting list re- health policy would suggest, the health for modifying support orders. In short, flects only those who have been lucky needs of our children are very different it promises to bring hope and financial enough to make it into the medical from those of their parents and grand- stability to the millions of children care system and to pass the financial and their single parents who depend on hurdles. If you include all those reach- parents. Children aren’t miniature adults, and they need care that is tai- support from absent parents. ing end-stage disease, the number of I am introducing a bill today which people potentially needing organs or lored to their special needs. This legislation would greatly benefit will close one small loophole that re- bone marrow, very likely over 120,000, children, because it would enable phy- mains outstanding. Prior to the enact- becomes staggering. Only a small frac- ment of the Welfare Reform Act last tion of that number would ever receive sicians to complete advanced training in combined specialties such as inter- year, a State that collected child sup- transplants, even if they had adequate port arrearages for a family that had insurance. There simply are not nal medicine and pediatrics or emergency medicine and pediatrics. A re- left welfare could choose to reimburse enough organ and tissue donors, even itself for welfare expenditures with the to meet present demand. cent survey by the American Boards of Internal Medicine and Pediatrics dem- arrears that accrued before the during Federal policies surrounding the AFDC receipt, before it paid the family issue of organ transplantation are dif- onstrates the wisdom of this invest- arrears that accrued after the family ficult. Whenever you deal with whether ment: over 70 percent of the physicians left AFDC. Two-thirds of States chose someone lives or dies, there are no easy who were trained in the combined spe- to pay themselves back for AFDC out- answers. There are between 15,000 and cialties of internal medicine and pedi- lays before paying the family, leaving 20,000 potential donors each year, yet atrics between 1980 and 1995 currently the family with little, if any, of the inexcusably, there are only some 5,400 work as primary care providers. Be- money that accrued after they left the actual donors. That’s why we need you cause the health needs of children are rolls. The Welfare Act rightfully to help us educate others about the so varied and so different from those of changes this to require States to first facts surrounding tissue and organ do- adults, they often require care by phy- pay the family the arrears collected nation. sicians who have received specialized This year and last, Mr. President, training. when the family was not on welfare, there has been unprecedented coopera- The Primary Care Promotion Act is before it can reimburse itself for assist- tion, on both sides of the aisle, and a supported by a wide variety of profes- ance outlays. This provision increases growing commitment to awaken public sional medical associations, including the likelihood of a family’s success in compassion on behalf of those who need pediatricians, specialists in internal leaving welfare by ensuring that the organ transplants. It is my very great medicine, children’s hospitals, and family receives more of the child sup- pleasure to introduce this bill on behalf medical educators. This legislation has port collected on its behalf. of a group of Senators who have al- received bipartisan support in the Unfortunately, a small provision in- ready contributed in extremely signifi- House of Representatives, where it has serted in conference creates an in- cant ways to the cause of organ trans- been introduced by Representative equity for families, whereby arrears plantation. And we are proud to ask LOUISE SLAUGHTER, and we expect simi- collected via a tax intercept (instead of you to join us, in encouraging people to lar support in the Senate. wages garnished by the State) will not give life to others. be affected by this change. It does not By Ms. SNOWE (for herself and make sense that whether or not a fam- By Mr. DEWINE: Mr. ROCKEFELLER): ily receives the funds depends on the S. 637. A bill to amend title XVII of S. 639. A bill to require the same dis- method by which it is collected. This the Social Security Act to continue tribution of child support arrearages provision also rewards those States April 23, 1997 CONGRESSIONAL RECORD — SENATE S3559 which do little to collect child support that will provide the necessary time nomic relief to the nations of Europe. but rely instead on the Federal tax sys- for Congress to further examine op- Marshall’s ingenuity and leadership re- tem to intercept the funds. My bill cor- tions and take action. stored hope and pride to a disheartened rects this inequity by imposing the The bill will delay the cut-off period people, helping them to rebuild their same distribution scheme on arrears for legal immigrants who are SSI and cities and societies and again be posi- collected through the tax intercept as food stamp recipients until February tive contributors to the international it does on arrears collected by the 22, 1998. community. States directly. This will ensure that A delay in implementation will also With the economic recovery of West- families receive more of the past-due allow immigrants who are trying to ern Europe came political stability. support that is owed to them, helping naturalize an additional 6 months to The Marshall plan, which Winston them to remain economically inde- complete the citizenship process. This Churchill characterized as ‘‘the most pendent and to stay off welfare. I urge is especially important, because under unsordid act in history,’’ enabled the my colleagues to support this bill, the Welfare Reform Act, a legal immi- re-emergence of free, democratic insti- which not only promises to help fami- grant who becomes an American citi- tutions. Today, the North Atlantic lies, but will further our goals of keep- zen is eligible for benefits as any other Treaty Organization and the Organiza- ing families off of public assistance. citizen. tion for Economic Cooperation and De- The naturalization process can prove velopment are successful institutions By Mr. D’AMATO (for himself, to be a bureaucratic nightmare—espe- which can trace their origins to the Mr. CHAFEE, and Mr. DEWINE): cially for elderly and disabled poor im- Marshall plan. S. 640. A bill to extend the transition migrants. These people should not be General Marshall outlined his vision- period for aliens receiving supple- unfairly penalized for being caught in ary initiative during remarks delivered mental security income or food stamp the bureaucracy. at Harvard University in June 1947. benefits as of August 22, 1996; to the Mr. President, I urge my colleagues That same month, he met with rep- Committee on Finance. review the merits of this bill, as well as resentatives of European nations to en- IMPLEMENTATION DELAY LEGISLATION the Chafee-Feinstein-D’Amato bill to courage their participation. Today, as Mr. D’AMATO. Mr. President, on Au- restore benefits to certain categories of we approach the 50th anniversary of gust 22, 1997, in nearly 100 days, ap- immigrants, and hope for their pas- that month, I am proud to introduce proximately half a million legal immi- sage. this resolution to once again acknowl- grants in this country, currently re- edge the integrity, vision, and benevo- ceiving SSI, will lose their benefits. By Mr. WARNER: lence of George Marshall, statesman These recipients are elderly or dis- S.J. Res. 27. A joint resolution des- abled—a vulnerable part of our popu- and soldier, and the unparalleled im- ignating the month of June 1997, the portance of the Marshall plan in shap- lation. 15th anniversary of the Marshall plan, Of the 80,000 legal immigrants at risk ing the world of the 20th century. It is as George C. Marshall month, and for important that we continue to foster of losing their SSI benefits in New other purposes; to the Committee on York State, more than 70,000 are in the virtues embodied in the Marshall the Judiciary. plan; virtues which all the world con- New York City. The city estimates MARSHALL PLAN RESOLUTION that there will also be 130,000 immi- tinues to expect from the United Mr. WARNER. Mr. President, today States. I invite the support of my col- grants who will lose food stamps. the nations of Europe enjoy histori- According to New York City esti- leagues to this important legislation. cally unprecedented freedoms and eco- mates, the loss of SSI and food stamps f nomic success as democracy flourishes to city immigrants is a loss of $442 mil- ADDITIONAL COSPONSORS lion from the Federal Government to across the continent. This was not the immigrants in New York City in 1998. case a mere 50 years ago. S. 65 On April 17, I joined with my col- I rise today to ask my colleagues and At the request of Mr. HATCH, the the American people to recall the state leagues Senators CHAFEE, FEINSTEIN, name of the Senator from Nebraska MOYNIHAN, DEWINE, LIEBERMAN, and of the European Continent at the end [Mr. HAGEL] was added as a cosponsor MIKULSKI to introduce legislation that of World War II. Like many of you, I of S. 65, a bill to amend the Internal will allow immigrants who were in the will never forget the horrible devasta- Revenue Code of 1986 to ensure that United States legally and were receiv- tion that the world witnessed in Eu- members of tax-exempt organizations ing SSI and food stamps on August 22, rope: the destruction of the world’s are notified of the portion of their dues 1996 (the day the welfare reform bill most remarkable cities; devastation of used for political and lobbying activi- was enacted) to continue to receive God’s beautiful countryside; and the ties, and for other purposes. despair of the people. Europeans en- those benefits. S. 66 dured not only the ravages of two Legal immigrants who were in this At the request of Mr. HATCH, the world wars, but also economic and po- country and receiving benefits at the name of the Senator from Arkansas litical turmoil throughout the first time the welfare reform act was en- [Mr. HUTCHINSON] was added as a co- half of this century. As I recall, even acted should not have the rules sponsor of S. 66, a bill to amend the In- the elements seemed to plot against a changed midstream. ternal Revenue Code of 1986 to encour- post-World War II European recovery— The legislation introduced last age capital formation through reduc- one of the harshest European winters Thursday also allows refugees who tions in taxes on capital gains, and for on record was in 1946. were legally in the United States as of other purposes. August 22, 1996 to receive SSI or food This situation might well have S. 112 stamps, without a 5-year limitation. precipitated renewed divisions and an- At the request of Mr. MOYNIHAN, the Refugees who entered after August 1996 other war rather than a lasting peace. names of the Senator from Iowa [Mr. will only be able to receive benefits for It was quite possible that we may have HARKIN] and the Senator from New Jer- 5 years. never enjoyed, in our lifetime, a Eu- Congress needs time to enact legisla- rope such as it thrives today, if it had sey [Mr. TORRICELLI] were added as co- tion that will protect the most vulner- not been for the foresight and wisdom sponsors of S. 112, a bill to amend title able population—the elderly and the of then-Secretary of State, and former 18, United States Code, to regulate the disabled who are relying on these Fed- Army Chief of Staff, Gen. George manufacture, importation, and sale of eral benefits and refugees who are flee- Catlett Marshall. ammunition capable of piercing police ing persecution. On behalf of the American people, body armor. Enacting a legislative fix will take George Marshall conceived and imple- S. 173 time but the clock is ticking closer to mented one of the most benevolent At the request of Mr. DEWINE, the August 1997, when benefits are expected acts of charity in the history of man- name of the Senator from Alabama to be cut. kind. Under his stewardship, the Euro- [Mr. SESSIONS] was added as a cospon- That is why Senator CHAFEE, pean Recovery Program, or Marshall sor of S. 173, a bill to expedite State re- DEWINE, and I are introducing a bill plan, provided over $13 billion in eco- views of criminal records of applicants S3560 CONGRESSIONAL RECORD — SENATE April 23, 1997 for private security officer employ- 1986 to provide equity to exports of [Mr. LOTT], the Senator from Alaska ment, and for other purposes. software. [Mr. MURKOWSKI], and the Senator from S. 193 S. 389 New Hampshire [Mr. SMITH] were added At the request of Mr. GLENN, the At the request of Mr. ABRAHAM, the as cosponsors of S. 528, a bill to require name of the Senator from Massachu- names of the Senator from Washington the display of the POW/MIA flag on setts [Mr. KENNEDY] was added as a co- [Mr. GORTON] and the Senator from various occasions and in various loca- sponsor of S. 193, a bill to provide pro- Wyoming [Mr. ENZI] were added as co- tions. tections to individuals who are the sponsors of S. 389, a bill to improve S. 537 human subject of research. congressional deliberation on proposed At the request of Ms. MIKULSKI, the S. 215 Federal private sector mandates, and names of the Senator from New Mexico At the request of Mr. JEFFORDS, the for other purposes. [Mr. DOMENICI], the Senator from Geor- name of the Senator from Michigan S. 405 gia [Mr. CLELAND], and the Senator [Mr. LEVIN] was added as a cosponsor of At the request of Mr. HATCH, the from Illinois [Mr. DURBIN] were added S. 215, a bill to amend the Solid Waste name of the Senator from Virginia [Mr. as cosponsors of S. 537, a bill to amend Disposal Act to require a refund value WARNER] was added as a cosponsor of S. title III of the Public Health Service for certain beverage containers, to pro- 405, a bill to amend the Internal Reve- Act to revise and extend the mammog- vide resources for State pollution pre- nue Code of 1986 to permanently extend raphy quality standards program. vention and recycling programs, and the research credit and to allow great- S. 561 for other purposes. er opportunity to elect the alternative At the request of Mr. SHELBY, the S. 261 incremental credit. name of the Senator from Oklahoma At the request of Mr. DOMENICI, the S. 422 [Mr. INHOFE] was added as a cosponsor names of the Senator from Georgia At the request of Mr. DOMENICI, the of S. 561, a bill to require States receiv- [Mr. CLELAND] and the Senator from name of the Senator from Mississippi ing prison construction grants to im- New Jersey [Mr. TORRICELLI] were [Mr. COCHRAN] was added as a cospon- plement requirements for inmates to added as cosponsors of S. 261, a bill to sor of S. 422, a bill to define the cir- perform work and engage in edu- provide for a biennial budget process cumstances under which DNA samples cational activities, to eliminate cer- and a biennial appropriations process may be collected, stored, and analyzed, tain sentencing inequities for drug of- and to enhance oversight and the per- and genetic information may be col- fenders, and for other purposes. formance of the Federal Government. lected, stored, analyzed, and disclosed, S. 562 S. 299 to define the rights of individuals and At the request of Mr. D’AMATO, the At the request of Mr. LAUTENBERG, persons with respect to genetic infor- names of the Senator from Kansas [Mr. the name of the Senator from Califor- mation, to define the responsibilities of ROBERTS], the Senator from Arkansas nia [Mrs. BOXER] was added as a co- persons with respect to genetic infor- [Mr. BUMPERS], the Senator from Utah sponsor of S. 299, a bill to require the mation, to protect individuals and fam- [Mr. HATCH], and the Senator from New Secretary of the Treasury to mint ilies from genetic discrimination, to Jersey [Mr. TORRICELLI] were added as coins in commemoration of the sesqui- establish uniform rules that protect in- cosponsors of S. 562, a bill to amend centennial of the birth of Thomas Alva dividual genetic privacy, and to estab- section 255 of the National Housing Act Edison, to redesign the half dollar cir- lish effective mechanisms to enforce to prevent the funding of unnecessary culating coin for 1997 to commemorate the rights and responsibilities estab- or excessive costs for obtaining a home Thomas Edison, and for other purposes. lished under this Act. equity conversion mortgage. S. 305 S. 432 S. 597 At the request of Mr. D’AMATO, the At the request of Mr. ABRAHAM, the At the request of Mr. BINGAMAN, the names of the Senator from Hawaii [Mr. names of the Senator from Georgia names of the Senator from Maine [Ms. INOUYE] and the Senator from Alaska [Mr. COVERDELL], the Senator from COLLINS] and the Senator from South [Mr. STEVENS] were added as cospon- Mississippi [Mr. COCHRAN], and the Carolina [Mr. THURMOND] were added as sors of S. 305, a bill to authorize the Senator from Texas [Mrs. HUTCHISON] cosponsors of S. 597, a bill to amend President to award a gold medal on be- were added as cosponsors of S. 432, a title XVIII of the Social Security Act half of the Congress to Francis Albert bill to amend the Internal Revenue to provide for coverage under part B of ‘‘Frank’’ Sinatra in recognition of his Code of 1986 to allow the designation of the medicare program of medical nutri- outstanding and enduring contribu- renewal communities, and for other tion therapy services furnished by reg- tions through his entertainment career purposes. istered dietitians and nutrition profes- and humanitarian activities, and for S. 492 sionals. other purposes. At the request of Mr. SARBANES, the S. 606 S. 320 names of the Senator from Illinois [Mr. At the request of Mr. HUTCHINSON, At the request of Ms. MOSELEY- DURBIN] and the Senator from Califor- the names of the Senator from North BRAUN, the name of the Senator from nia [Mrs. BOXER] were added as cospon- Carolina [Mr. FAIRCLOTH] and the Sen- Maine [Ms. SNOWE] was added as a co- sors of S. 492, a bill to amend certain ator from Missouri [Mr. BOND] were sponsor of S. 320, a bill to amend the provisions of title 5, United States added as cosponsors of S. 606, a bill to Internal Revenue Code of 1986 to pro- Code, in order to ensure equality be- prohibit discrimination in contracting vide comprehensive pension protection tween Federal firefighters and other on federally funded projects on the for women. employees in the civil service and basis of certain labor policies of poten- S. 364 other public sector firefighters, and for tial contractors. At the request of Mr. LIEBERMAN, the other purposes. S. 620 name of the Senator from North Caro- S. 505 At the request of Mr. GREGG, the lina [Mr. FAIRCLOTH] was added as a co- At the request of Mr. HATCH, the names of the Senator from Utah [Mr. sponsor of S. 364, a bill to provide legal names of the Senator from Florida [Mr. HATCH] and the Senator from Wyoming standards and procedures for suppliers MACK], the Senator from Ohio [Mr. [Mr. THOMAS] were added as cosponsors of raw materials and component parts DEWINE], and the Senator from New of S. 620, a bill to amend the Internal for medical devices. Jersey [Mr. TORRICELLI] were added as Revenue Code of 1986 to provide greater S. 387 cosponsors of S. 505, a bill to amend the equity in savings opportunities for At the request of Mr. HATCH, the provisions of title 17, United States families with children, and for other names of the Senator from New Hamp- Code, with respect to the duration of purposes. shire [Mr. GREGG] and the Senator copyright, and for other purposes. SENATE JOINT RESOLUTION 6 from Minnesota [Mr. GRAMS] were S. 528 At the request of Mr. KYL, the names added as cosponsors of S. 387, a bill to At the request of Mr. CAMPBELL, the of the Senator from Tennessee [Mr. amend the Internal Revenue Code of names of the Senator from Mississippi FRIST] and the Senator from Oregon April 23, 1997 CONGRESSIONAL RECORD — SENATE S3561

[Mr. SMITH] were added as cosponsors COMMITTEE ON GOVERNMENTAL AFFAIRS environmentalism in this Nation. of Senate Joint Resolution 6, a joint Mr. HELMS. Mr. President, I ask Rather, it was evidence of a trend. resolution proposing an amendment to unanimous consent on behalf of the Since the turn of the century, a strong the Constitution of the United States Governmental Affairs Committee to conservation movement, led by rural to protect the rights of crime victims. meet on Wednesday, April 23, 1997, at 10 interests, wanted national policy that SENATE CONCURRENT RESOLUTION 7 a.m., for a hearing on S. 261, Biennial would manage those resources they de- At the request of Mr. SARBANES, the Budgeting and Appropriations Act. pended on to survive. Beginning with names of the Senator from New York The PRESIDING OFFICER. Without the passage of the Wilderness Act, Con- [Mr. MOYNIHAN] and the Senator from objection, it is so ordered. gress responded to those interests. In Alaska [Mr. MURKOWSKI] were added as COMMITTEE ON THE JUDICIARY the last 27 years, the United States has cosponsors of Senate Concurrent Reso- Mr. HELMS. Mr. President, I ask continued to make great strides in im- lution 7, a concurrent resolution ex- unanimous consent that the Commit- proving the quality of its environment. pressing the sense of Congress that tee on the Judiciary be authorized to The United States of America has be- Federal retirement cost-of-living ad- meet during the session of the Senate come a world leader in so many envi- justments should not be delayed. on Wednesday, April 23, 1997, at 10 a.m., ronmental areas. The Clean Air Act SENATE CONCURRENT RESOLUTION 13 to hold a hearing on ‘‘Gangs—A Na- has been strengthened, and the Clean At the request of Mr. SESSIONS, the tional Crisis.’’ Water Act and the reauthorization of name of the Senator from Georgia [Mr. The PRESIDING OFFICER. Without the Safe Drinking Water Act have im- COVERDELL] was added as a cosponsor objection, it is so ordered. proved the quality of our Nation’s envi- of Senate Concurrent Resolution 13, a COMMITTEE ON LABOR AND HUMAN RESOURCES ronment. We can take pride in the concurrent resolution expressing the Mr. HELMS. Mr. President, I ask progress that has been made in the last sense of Congress regarding the display unanimous consent that the Commit- 27 years since the first Earth day, and of the Ten Commandments by Judge tee on Labor and Human Resources be we have learned a great deal. We are in Roy S. Moore, a judge on the circuit authorized to meet for a hearing on Re- far better shape than we were in 1970. court of the State of Alabama. authorization of Higher Education, According to the EPA, between 1970– f during the session of the Senate on 95, air pollutants have decreased sub- Wednesday, April 23, 1997, at 9:30 a.m. stantially. EPA has also observed that NOTICE OF HEARING The PRESIDING OFFICER. Without our rivers, lakes, and coastal waters SUBCOMMITTEE ON PUBLIC HEALTH AND SAFETY objection, it is so ordered. are cleaner today than 25 years ago. Mr. JEFFORDS. Mr. President, I SELECT COMMITTEE ON INTELLIGENCE Carol Browner, Administrator of the would like to announce for information Mr. HELMS. Mr. President, I ask EPA, stated yesterday that the United of the Senate and the public that a unanimous consent that the Select States has the best drinking water in hearing of the Subcommittee on Public Committee on Intelligence be author- the world. We now recycle almost 35 Health and Safety, Senate Committee ized to meet during the session of the percent of our municipal waste, 40 per- on Labor and Human Resources will be Senate on Wednesday, April 23, 1997, at cent of all paper, and 60 percent of all held on Friday, April 25, 1997, 9:30 a.m., 2:30 p.m. to hold a closed hearing on in- aluminum cans. Our children consider in SD–430 of the Senate Dirksen Build- telligence matters. recycling a way of life. ing. The subject of the hearing is ‘‘The The PRESIDING OFFICER. Without Since 1970, air pollution has been U.S. Healthcare Workforce: Realigning objection, it is so ordered. steadily declining, despite the fact that to Meet the Future.’’ For further infor- the U.S. population has increased by 28 SUBCOMMITTE ON MANUFACTURING AND percent and vehicle travel has in- mation, please call the committee, 202/ COMPETITIVENESS 224–5375. Mr. HELMS. Mr. President, I ask creased by 116 percent. This is due in f unanimous consent that the Manufac- large part to advanced emissions equip- turing and Competitiveness sub- ment on newer cars. But we have AUTHORITY FOR COMMITTEES TO learned as a people to change our per- MEET committee of the Senate Committee on Commerce, Science, and Transpor- sonal habits as we demand that indus- COMMITTEE ON ARMED SERVICES tation be authorized to meet on April try change theirs. Air pollution, for ex- Mr. HELMS. Mr. President, I ask 23, 1997, at 10 a.m. on the current state ample, would continue to be greatly unanimous consent that the Commit- of manufacturing in the United States. improved if people kept their vehicles, tee on Armed Services be authorized to The PRESIDING OFFICER. Without old and new, tuned up. Mr. President, we know that humans meet at 10 a.m. on Wednesday, April 23, objection, it is so ordered. will inevitably effect the environment 1997, to receive testimony on the Ad- f ministration’s proposal on NATO en- because they are an inherent part of largement. ADDITIONAL STATEMENTS nature itself. We are not in a battle The PRESIDING OFFICER. Without against the environment; rather, we objection, it is so ordered. now know that we are interdependent. EARTH DAY 1997 COMMITTEE ON COMMERCE, SCIENCE, AND Congress has further learned that top- TRANSPORTATION ∑ Mr. DOMENICI. Mr. President, I down administration and imposition of Mr. HELMS. Mr. President, I ask would like to take a few moments to regulations may not achieve the goal unanimous consent that the Senate discuss our environment following of true interdependence, but incen- Committee on Commerce, Science, and Earth Day 1997. tives, cooperation, respect for property Transportation be authorized to meet In consideration of the 27th annual rights, and more local control does. As on April 23, 1997, at 9:30 a.m. on the commemoration of Earth Day, the most Americans have come to learn, if nominations of Kerri-Ann Jones of American people should remember that you want a better society, you build it Maryland, and Jerry M. Melillo of Mas- they have been fortunate to live in an yourself. sachusetts, to be associate directors of industrialized and prosperous society The term ‘‘sustainability’’ has come the Office of Science and Technology that has afforded environmental pro- to represent our Nation’s environ- Policy. tection. Growing consumer demand for mental goals. Activists, entrepreneurs, The PRESIDING OFFICER. Without parks, improved air quality, and open and scientists are being successfully objection, it is so ordered. land for hunting and hiking is largely linked with ecosystems. Technological COMMITTEE ON FINANCE responsible for improving the quality advancements have shown us how to Mr. HELMS. Mr. President, the Fi- and quantity of ecological resources. improve the environment. Programs nance Committee requests unanimous Advances in technology, production such as the Waste-management Edu- consent to conduct a hearing on methods, and manufacturing practices, cation and Research Consortium, or Wednesday, April 23, 1997, beginning at an offshoot of our economic growth, WERC, which I put together several 10 a.m. in room 215 Dirksen. have resulted in less pollution. years ago, are the future of environ- The PRESIDING OFFICER. Without However, Mr. President, Earth Day mental protection, not top-down regu- objection, it is so ordered. in 1970 was not the beginning of lation imposing unfunded mandates to S3562 CONGRESSIONAL RECORD — SENATE April 23, 1997 states. Let us leave local environ- Corretta Scott King Genesis Award. gress. Chuck has been involved every mental issues to the locals. Her second novel, ‘‘Forged By Fire,’’ step of the way. Sustainability is a goal best realized has been recently published. He has combined a strong academic with local initiative. This Nation needs Ms. Draper’s dedication and out- background, with an agricultural eco- more flexible, market-oriented regula- standing commitment to education as nomics degree from the Purdue Univer- tions that allow businesses more op- well as her efforts to improve edu- sity School of Agriculture, and prac- tions for controlling pollution but that cation are the envy of every school sys- tical knowledge of how programs are retain limitations on overall dis- tem and Ohio is justifiably proud of her implemented. His family continues to charges. Concern and cooperation has accomplishment. operate an 1100-acre corn and soybean bred environmental self-reliant activ- At a time when our education is farm in Benton County, IN. Chuck and ism. under a great deal of scrutiny and in his wife Dru maintain a herd of 100 reg- Communities have just now been able need of much improvement, it is im- istered Angus cows in Whitley County, to achieve the National Ambient Air portant to remember that there are IN. Quality Standards, and air quality is many examples of educational excel- Chuck and Dru met in the early 1980’s improving. According to the EPA, air lence. Certainly one outstanding exam- while working in my office. My wife, pollutants have greatly decreased since ple is Sharon Draper. Char, and I have enjoyed watching the the first Earth Day. Let’s let commu- I had the opportunity to meet with growth of their four children: Katie, nities continue to improve, rather than Ms. Draper and it was an honor. I was Ben, Andrew, and Emily. impose strict and costly new air qual- at the White House to participate in I will miss Chuck’s counsel, which ity standards before we know that they the ceremony where she received the Agriculture Committee members have are based in sound science. We should Teacher of the Year Award. trusted and respected. He now takes be proud that we are reaping the bene- Ms. Draper’s 25-year teaching career his leadership skills to agribusiness. On fits of our current standards. has been filled with creativity and en- the committee he has hired, trained, The working people of this country thusiasm. I understand that she re- and developed a talented staff that will appreciate and have a healthy respect quires a research paper in her senior be led by his longtime deputy Randy for nature. People who live on the land level classes. When her students turn Green, maintaining continuity in serv- are closer to nature. Coming from New in their paper the day before the prom ice. Mexico, I see the interdependence and she gives them a T-shirt that proclaims I speak for majority and minority cooperation of agricultural, timber, na- ‘‘I survived the Draper paper.’’ She members of the Agriculture Committee tive American, urban and environ- says that she was probably born to be in wishing Chuck Conner, an extraor- mental interests. Congress has funded a teacher. dinarily talented and loyal friend, the such programs as my initiative to pre- I am pleased that the Council of very best.∑ serve one of the largest areas of ripar- Chief State School Officers and Scho- f ian cottonwood in the world, the Rio lastic, Inc., have selected Ms. Draper as CONGRESS HAS 100 DAYS TO Grande Bosque. In the middle of a Teacher of the Year. I know that her RESTORE IMMIGRANT BENEFITS growing city like Albuquerque, citizens students, school, the city of Cincinnati, Mr. KENNEDY. Mr. President, Con- can walk among the native trees and and our State are very proud. I con- ∑ gress has 100 days to restore urgently animals. At the Bosque del Apache Na- gratulate Sharon, her husband Larry, needed assistance to legal immigrants tional Wildlife Refuge, rare migratory and children Cory and Crystal for the and refugees. birds coexist with agricultural develop- contribution they have made to public On August 1, 100 days from today, ment. We all strive to maintain a deli- education.∑ legal immigrants who have worked cate balance in our society and on our f hard, but were injured on the job, will planet. TRIBUTE TO CHUCK CONNER lose their Federal benefits under last We all have to live on this planet, at ∑ Mr. LUGAR. Mr. President, for 17 year’s so-called welfare reform law. least for now. Some might say progress Refugees will lose their safety net. is a curse. I say we are blessed in this years Chuck Conner has been my top agriculture and nutrition advisor, and These are men and women who fled Nation to be leaders in environmental persecution in their own countries, protection and to also enjoy modern for the last 10 years has been Repub- lican staff director of the Agriculture, only to find persecution now in Amer- conveniences. Continuing progress is a ica. blessing to all our families; we must Nutrition and Forestry Committee. Chuck is departing the Senate to be- They are people who fought with us just proceed to take care of our planet in Southeast Asia, and this is the as we learn to live better in it. come president of the Corn Refiners Association. thanks they get from hawks who kept This Congress will continue to work the war going long after it should have to improve environmental quality, and Chuck has ushered four farm bills through the Senate, including last stopped. we will build on the experiences and The Vietnam war and the cold war year’s historic FAIR Act that ended 60 successes of the past. We must promise are finally over. But in the rush to for- years of Federal production controls. to better our lives, our Nation, and our get, we cannot forget these brave fami- Chuck’s work can be seen in moving world. Earth Day should be every day.∑ lies and their sacrifices, and treat them American agriculture to the free mar- f unfairly, because they are old or dis- ket, thoughtfully downsizing the De- CINCINNATI TEACHER AT THE TOP abled. partment of Agriculture, reforming In recent weeks, some needy immi- ∑ Mr. GLENN. Mr. President, I rise with hundreds of USDA field offices, making grants have taken their own lives, a great deal of pleasure and pride to in- food safer through pesticide regula- rather than burden their families. form my colleagues that the 1997 Na- tions, saving and then reforming the We must say enough is enough—100 tional Teacher of the Year is Sharon farm credit system, updating commod- days is long enough for Congress to Draper, an English and language arts ity futures legislation, and landmark undo the thoughtless damage an un- teacher at Walnut Hills High School in reform of the nutrition sections in last thinking Congress did last year. I ask Cincinnati, OH. year’s welfare reform bill. that a few recent news articles on this Chuck was with me on my Indiana Ms. Draper won the 1997 Ohio Teacher issue may be printed in the RECORD. of the Year Award and was selected farm June 28, 1985, when then Sec- The articles follow: from four finalists to the receive the retary of Agriculture Jack Block and I [From the New York Times, Apr. 22, 1997] Nation’s top teacher award. President announced the first Conservation Re- CONFUSED BY LAW, NURSING HOMES BAR Clinton presented this award at a serve Program. Today that program is LEGAL IMMIGRANTS—FEAR OVER LOST BEN- White House ceremony. still a vital cornerstone of soil and EFITS In addition to her talents as a teach- water conservation in America, and the (By Rachel L. Swarns) er, Ms. Draper is an accomplished extension of the program last year was As the health care industry braces for Fed- award-winning author. Her novel part of the most significant environ- eral cuts that will leave thousands of immi- ‘‘Tears of a Tiger’’ won the 1995 mental legislation in the 104th Con- grants without Medicaid this fall, nursing April 23, 1997 CONGRESSIONAL RECORD — SENATE S3563 homes have begun to mistakenly deny ad- health officials and that his Congressional here. What do I do?’ ’’ said Scott Sandford, mission to some elderly and sickly legal im- committee would provide it, if others did director of regulatory affairs for the New migrants who will not lose their health cov- not. ‘‘I can understand their confusion,’’ he York State Health Facilities Association, a erage. said of the nursing homes. ‘‘But obviously, trade group that represents 290 nursing Bewildered by the new Federal welfare law some elderly people have fallen through the homes. and fearful that immigrants will default on cracks.’’ ‘‘We have been telling our members, ‘You their bills, some health care centers in New Paralyzed by a stroke that left empty have to be really careful about someone who York and around the country are asking pro- spaces in her memory, Raisa Kinker, a 74- is not a citizen.’ ’’ Mr. Sandford said. ‘‘We as- spective patients for citizenship papers in- year-old legal immigrant from Ukraine, sume that Governor Pataki’s proposal is stead of residency papers upon admission, spent one month at Huntington Hospital on going to pass, but we can guarantee nothing. hospital and nursing home administrators Long Island, rejected by one nursing home It’s a real risk.’’ say. after another, until a Brooklyn rehabilita- The perceived risk varies from institution And while New York State health officials tion center took her in. to institution. The Cabrini Center for Nurs- acknowledge that a small group of immi- Withered by the stomach cancer that has ing and Rehabilitation, a 240-bed complex in grants will lose Medicaid as Federal restric- left him marooned at Elmhurst Hospital Manhattan still accepts legal immigrants. tions go into effect later this year, they Center for two months, Lois Bejarano, 74 and Menorah Home and Hospital for the Aged warn that the new practice unfairly denies a legal immigrant from Colombia, has been and Infirm, a 253-bed center in Brooklyn, on care to the vast majority who will keep that told not to even hope for a nursing home bed, the other hand, has turned several away. coverage. although he, too, will keep his Medicaid cov- ‘‘Some homes are being extra careful,’’ But as health care administrators peer erage. said James E. Piazzola, the director of social into the faces of their elderly applicants and And more than 30 legal immigrants from work at the Los Angeles County-University struggle to interpret the law, some have China, many of them too crippled to walk or of Southern California Medical Center, found it easier to refuse all legal immi- brush their thinning hair, recently found which saw its first legal immigrants rejected grants—those with green cards but not citi- themselves stranded with families who could from nursing homes six weeks ago. ‘‘Rumors zenship—than to figure out who will keep not care for them when a Staten Island re- are flying everywhere.’’ benefits and who will lose them. tirement home rejected their pleas for place- Plans to ease the new welfare law’s impact ‘‘It’s heartbreaking, but we’re all too terri- ment this month. have been bandied about for weeks. Presi- fied to admit anybody who is not a citizen,’’ ‘‘These families come all the way from dent Clinton wants to restore most benefits said Sheryl Geminder, the director of admis- Chinatown and beg us to take their elderly to elderly immigrants. Republicans in Con- sions at the Sephardic Home for the Aged in relatives, and I’ve got to look in their eyes gress want to give some states money to help Brooklyn, which now rejects all legal immi- and tell them no,’’ said Cindy Miner, the them manage the transition. And Mayor Ru- grants who need long-term care. ‘‘A green case manager at the Staten Island home, the dolph W. Giuliani of New York City has filed card was the ticket in six months ago, but Anna Erika Home for Adults and Assisted suit to keep the Federal cuts from going into now our attorneys are warning us not to Living Programs, which caters to elderly effect. take any chances. Asian patients. But while the proposals fly, hospital ad- The confusion is the unintended con- ‘‘We’ve taken these people into our coun- ministrators say some legal immigrants are sequence of the changes in the Federal wel- try, and now when they need help, we have already suffering. And they fear that the sit- fare laws, which allow states to continue to turn them away,’’ she said. ‘‘It’s a hor- uation will only get worse as the summer Medicaid to some legal immigrants while de- rible feeling. We’d love to take everyone, but deadline for cuts in benefits approaches. nying coverage to others. it’s just too much of a risk.’’ ‘‘As we get closer to August, more and New York, along with at least 35 other The confusion over eligibility stems, in more of the facilities are going to refuse states, plans to continue benefits to poor part, from the Federal Government’s distinc- them,’’ said Jill Lenney, the administrator legal immigrants who entered the country tion between ‘‘qualified’’ immigrants, who of social work at Jackson Memorial Hospital before Aug. 22 of last year, when President will keep benefits, and ‘‘nonqualified’’ immi- in Miami. ‘‘They’re going to be occupying Clinton signed the welfare bill. But those grants, who will lose them. acute-care beds, and patients who need those who have arrived since then will generally In New York State, virtually all legal im- beds will be spending more time in the emer- find themselves ineligible for Medicaid cov- migrants, those who arrived before Aug. 22, gency room.’’ erage for five years. are considered qualified. These noncitizens, Without clear guidance, nursing homes and No one knows how many eligible immi- who include legal permanent residents, refu- retirement homes currently refusing legal grants have been turned away from care cen- gees and seekers of political asylum, will immigrants have no reason to change their ters for the elderly, but health care officials keep Medicaid, which covers nursing home new policies, advocates for nursing home pain New York said that dozens had been re- costs. Even the estimated 87,000 legal immi- tients say. jected in the last month. grants expected to lose Supplemental Secu- ‘‘There are obviously people who need care, And administrators at public hospitals in rity Income benefits, the Federal cash pay- who are not going to be able to get it,’’ said Miami and Los Angeles, who are also report- ments accepted by retirement homes, will Cynthia Rudder, the director of the Nursing ing their first cases, fear the problem will receive state funds to cover their stay, state Home Community Coalition of New York balloon if the law is not clarified, stranding health officials say. State, which advocates on behalf of nursing immigrants in hospital beds needed by The S.S.I. recipients’ Medicaid status will home residents. ‘‘They’re in limbo until the acute-care patients. be re-evaluated, but state officials say the state makes some determination.’’ Already, legal immigrants too sickly to coverage will continue unless the recipients In a tiny apartment in Brooklyn, a 75-year- bathe and too senile to recognize their chil- are no longer poor or disabled. old legal immigrant from Ukraine lives in dren are beginning to languish in hospitals. Although the State Legislature has not that limbo. Rejected from the Sephardic And families who can no longer care for ail- formally passed the welfare law that in- Home for lack of citizenship, Villy Vaysman ing relatives now find themselves over- cludes this provision, Democrats and Repub- lies in bed, unable to move, his body mostly whelmed with few options. licans say there is no dispute over the issue. deadened by Parkinson’s disease. ‘‘If this continues, what will we do with ‘‘They should not be turning away this He is too heavy for his 76-year-old wife, these people?’’ asked Carol Burger, an ad- group on the basis that they will be losing Irina, to carry to the bathtub. So every ministrator at Elmhurst Hospital Center in Medicaid eligibility, because that will not morning, she washes him bit by bit, rolling Queens as she searched for a place for an 83- happen,’’ said Frances Tarlton, a spokes- him from one side to another, praying all the year-old legal immigrant from Romania, one woman for the State Department of Health. while that some nursing home will take him of about 20 patients rejected by nursing But a group of about 16,000 immigrants, in. homes for lack of citizenship. ‘‘Where are considered ‘‘present under color of law,’’ who ‘‘I don’t have the strength to take care of they going to go?’’ have been granted temporary residency and a paralyzed man,’’ she said as she wept last Representative E. Clay Shaw Jr., a Repub- receive Government services, are expected to week. ‘‘I don’t want to think that they won’t lican of Florida and the chief sponsor of the lose both Medicaid insurance and cash bene- take him. I don’t know what we’ll do.’’ new welfare law, called the situation ‘‘worri- fits beginning in August. some’’ and said he had never intended to And legal immigrants who arrived on or [From the Wall Street Journal, Apr. 22, 1997] deny care to eligible immigrants. after Aug. 22 of last year—a group that will SUICIDE SHOWS WHY WELFARE FIGHT PER- By law, nursing homes may refuse patients increase over time—will be ineligible for SISTS—IMMIGRANT’S DEATH RAISES QUES- who cannot pay their bills. But Mr. Shaw Medicaid. TIONS OVER CUTS IN AID said he doubted that elderly care centers State officials said they had tried to make that receive Federal funds, in the form of the distinctions clear. But health care ad- (By Dana Milbank) Medicaid payments, had the right to turn ministrators for the elderly are still fran- STOCKTON, CA.—A few days before his 76th away legal immigrants who were eligible for tically seeking guidance, calling politicians, birthday last month, Ignacio Munoz clam- care. ‘‘There’s no question that it’s discrimi- reading trade newsletters and viewing Gov- bered down into a dried canal bed beneath nation,’’ he said in an interview. ernment World Wide Web sites. the railroad tracks here, put a .35 caliber Mr. Shaw said that care centers needed ‘‘I’m getting calls from nursing homes and Colt revolver to his right temple, and pulled better guidance from state and Federal they’re saying, ‘I have a legal immigrant the trigger. S3564 CONGRESSIONAL RECORD — SENATE April 23, 1997 Three weeks earlier, the Mexican-born la- LaRue, under an amnesty program passed by the New Hampshire Constitutional borer, who came to America half a century Congress in 1996, obtained a green card and a Convention. ago, received an ‘‘Important Notice’’ from legitimate Social Security number for him Evelyn’s community involvements the government warning him that he might in the late ’80s. ‘‘He was a very nervous little range from organizing fundraisers to lose his $400 a month of Supplemental Secu- guy.’’ Mr. LaRue recalls of the 5-foot-7 Mr. rity Income. The reason: Mr. Munoz, though Munoz, who had bushy gray brows over sad, keeping the local Pierce Island Pool a legal immigrant, wasn’t a citizen—and dark eyes. ‘‘He’d been on the lam for 40 open for the children, to being a mem- therefore stood to lose his benefits because years, looking over his shoulder.’’ ber of several foundations, committees of welfare overhaul. ‘‘They’re going to cut CONSIDERED CITIZENSHIP and executive boards and serving as the me off,’’ he told friends after receiving the Mr. Munoz stopped working after 1992 and first woman president of the Navy letter. ‘‘If I had a gun right now, I would kill moved into the Franco Center, a big, con- League of the United States. myself.’’ crete building for the elderly poor, where he Among her neighbors Evelyn is FUNDS MAY BE RESTORED took a noisy one-bedroom apartment over- known as a compassionate and con- It’s difficult to know what causes any sui- looking a freeway. He paid the $184 monthly cerned person who makes chicken soup cide, or what other demons might have rent with his Social Security payment of for the sick, helps out with babysitting haunted Mr. Munoz. But in the debate over $286 and his $400 of SSI. At some point, he and works to secure anonymous dona- welfare policy, the laborer’s story provides contemplated becoming a citizen; among the tions of food or clothing for the under- just the sort of powerful anecdote that can possessions in his apartment is a wrinkled, affect the course of events in Washington. 11-page list of study questions for the exam. privileged. Evelyn has been known to Ronald Reagan’s tales of welfare queens in Mr. Munoz never married and had no chil- go out in a blizzard to deliver food to Cadillacs helped spark the drive that led the dren. He spoke little English and never vis- shut-ins when the city’s ‘‘meals on government to revise the welfare system last ited the cantinas (tavern) with his friends. wheels’’ was canceled due to bad year. And now tales of hard-working immi- He had cataract surgery in January, and weather. grants like Mr. Munoz are leading policy- walked stiffly because of arthritic legs, but Evelyn is always willing to take re- makers from both parties to question wheth- friends say he showed no signs of depression. sponsibility, whether to organize rides er some of those changes went too far. The trouble, says Mary Serna, a neighbor, to the cancer treatment center for Leaders of both parties now support restor- ‘‘all started with that letter he got.’’ He ing some of the funding cut last year from showed the letter to his friend Mr. Aguierre. local patients, giving rides on election benefits for legal immigrants, although they ‘‘I worked all my life, now they’re cutting day to any voter, chairing committees disagree on how much. Republican legisla- me off,’’ Mr. Aguierre recalls Mr. Munoz say- or helping people in need. Whatever she tors, under pressure from GOP governors and ing. commits to, she always does an out- worried about the public relations problems He paid a visit to a local advocacy group standing job. that stories like Mr. Munoz’s could cause, called Concilio, where Susan Casillas offered Mr. President, Evelyn has dedicated have already proposed adding back $2 billion to help him document his work history. On her time, talent and energy to serving of funding for immigrants over the next two Monday morning, March 17, he returned un- the residents of Portsmouth in an ex- announced to the Concilio office. Ms. years—mostly for SSI and food stamps. emplary way. I am proud to know Eve- President Clinton and the Democrats are Casillas asked him to return at 1 p.m. In- proposing adding back much more—more stead, he walked that afternoon down to the lyn, and to honor her outstanding com- than $14 billion over five years. If the White railroad track, past a cement and lumber munity commitment, which is so im- House and Republican leaders are able to yard, through some weeds and down into the portant to the future and prosperity of reach a budget agreement, it will probably dusty canal bed. He was found bloody but Portsmouth. We are indeed indebted to include a compromise on increased immi- still breathing just after 1 p.m., the time of Evelyn for her efforts in business, pub- grant funding somewhere in between. his appointment at Concilio. lic service and community dedication. In Mr. Munoz’s case, the sad irony is that Mr. Munoz was buried in a simple gray cof- Congratulations to my friend, Evelyn he need not have lost his benefits. The law fin in a plot for the indigent in the county requires immigrants to either become citi- cemetery. The police found $717.40 in the Marconi, for this distinguished recogni- zens or prove that they have worked 10 years dead man’s pocket—the $1,000 in savings he tion. I am honored to represent her in or more in the U.S. to keep their benefits. had recently withdrawn from the Franco the U.S. Senate.∑ Mr. Munoz had worked in this country since Center office, less the price of the gun.∑ f the late 1940s, and a welfare counselor told f him he could obtain an exemption if he could THE THEME IS FREEDOM: RECON- document his employment history. That, TRIBUTE TO EVELYN MARCONI SIDERING U.S.-SINO RELATIONS however, would have required his patrons to FOR BEING AWARDED THE LIFE- ∑ Mr. ASHCROFT. Mr. President, no acknowledge that they had employed him TIME ACHIEVEMENT AWARD one did more to bring peace and pros- against the law, and Mr. Munoz considered it Mr. SMITH of New Hampshire. Mr. perity in our time than our 40th Presi- a matter of honor not to betray his former ∑ bosses. President, I rise today to pay tribute dent, Ronald Reagan. President Rea- ‘‘I’d rather die,’’ he told his friend Sal- to Evelyn Marconi of Portsmouth, New gan’s economic and foreign policies vador Aguierre. Lupe Marquez, another Hampshire, for being honored with the gave us the longest peacetime expan- friend, explains it this way: ‘‘He really loved Lifetime Achievement Award by the sion in our history and made the world the patron. He got in his mind that he’d have Rotary Club of Portsmouth. safe again for democracy. But more to put the finger on his patron. That’s why Evelyn has been my friend for more than that, Ronald Reagan called us to he died.’’ than a decade. I can think of no one our highest and best: we never spoke Mr. Munoz, whose nickname was ‘‘Nacho,’’ more deserving of the recognition she was born in 1921 on a ranch in Colotlan, in with more certainty or sat taller in the the Mexican state of Jalisco, the son of a la- is receiving by the Portsmouth Rotary saddle than when Ronald Reagan was borer. He came to the U.S., illegally at first Club. riding point. and alone, in the late 1940s. He lived in labor She has given her life to public and In his farewell address, Reagan told a camps and cheap hotels or with friends. He community service. Evelyn has served wonderful story, a story of a refugee held a string of odd, seasonal jobs—pruning on the Portsmouth City Council for 10 and an American sailor. In the early pear trees in the winter, picking olives in the years, four of those years as assistant eighties, the U.S.S. Midway was patrol- fall, working in a tortilla factory, and doing mayor. In 1989 she was nominated for ling the South China Sea when the landscaping and office cleaning at a local the prestigious Norris Cotton Repub- crew happened upon a small craft, a de- radio station. Anselmo Ambriz, who met Mr. Munoz in the fields in 1951, says his friend lican of The Year Award. crepit little boat crammed with refu- worked until age 70, sometimes for 10 hours Evelyn has also been a cornerstone of gees trying to make their way to a day. business in Portsmouth and is known America. The Midway’s captain sent a Whenever he worked, he was dogged by a to everyone as she owns and operates small launch to bring the ship to safe- fear that border police would catch him. In- the landmark Geno’s Coffee Shop. In ty. And as they made their way toward deed, he was once returned to Mexico but 1980 former U.S. Senator Gordon Hum- the tiny vessel, a refugee glimpsed a snuck back in soon after. ‘‘He thought he phrey recognized Evelyn’s business crewman on deck and called out, was a criminal,’’ says Frank Gonzales, whose leadership and appointed her as a dele- ‘‘Hello, American sailor. Hello freedom family housed Mr. Munoz at various times. Mr. Munoz developed intense loyalty to his gate to the Small Business Conference man.’’ patrones, his employers through the 1980s: where she participated in the Women It was, as Reagan noted, ‘‘a small Knox LaRue and Arnold Toso. Mr. Munoz in Business and Capital Formation and moment with a big meaning.’’ worked illegally for both men, but Mr. Retention. She also was a delegate to Throughout our history, America has April 23, 1997 CONGRESSIONAL RECORD — SENATE S3565 been a nation dedicated to a propo- Just as troubling as Beijing’s buying Mr. President, China’s trade policies sition, a country committed to free- binge is its decision to sell missile and are about selective market access that dom—freedom of religion, of speech, of nuclear technology to Pakistan, Syria, ensure merchandise trade deficits as assembly, and of the press. That undy- and Iran. Over time, this equipment far as the eye can see; on human ing devotion has allowed us to know will allow each to produce bomb-grade rights, Beijing is showing the world a both wealth and power, for they are the uranium. Now, China contends that the reign of terror unparalleled in the post- natural fruit of the democratic ideal. sales are nothing more than a mutu- cold-war era; and a tour of the Pacific From manufacturing to basic science, ally agreeable exchange between sov- rim’s horizon finds a Chinese defense from aerospace to the arts, it is a ma- ereign nations. But the dispatch of buildup aimed at achieving superpower terial abundance and cultural vitality cruise missiles to Iran has placed Unit- status at the Asian democracies, ex- heretofore unseen. ed States forces in harm’s way. For let pense. And freedom is the song America has us recall that it was a lesser version of So what, then, is to be done? Just a sung across the globe whether marshal- this same missile that took the lives of decade ago, the vast majority of the ing her troops or providing resources 37 American sailors aboard the U.S.S. Congress seemed to understand who for the Marshall plan. Five times in Stark. our enemies were and why. But some in this century patriot’s blood has been As if this were not enough, Com- Washington today seem confused about spilled in the fight for freedom around munist China has undertaken another what is a decent political system and the world. That is our history, it is our drive: a campaign of persecution and what is not, which philosophies should common calling, it is our shared wis- repression aimed at crushing internal be embraced or rejected, what is right dom. dissent. Beijing’s policies of torture, and what is wrong. And so as we stand on the verge of a arbitrary arrest, and execution in We will never tame the Chinese drag- new century, with the greatest techno- Tibet have made horror ordinary. on—no more than we subdued the So- logical and material advances mankind Today, the President has an oppor- viet bear—with the policies of appease- has ever known, we would do well to tunity to challenge state persecution ment. The way to bring China into the ask ourselves: how stands the cause of and champion individual freedom by community of nations, as Michael freedom? Not just in the Western formally receiving the Dalai Lama. Un- Ledeen and others have argued, is to Hemisphere, but around the world. For fortunately, administration thinking talk truthfully and forcefully about while America is safer, stronger, more on his visit seems as muddled as our the evils found there; challenge Beijing prosperous today than at any time in China policy itself. Why is it that the to grant more political and economic recent history, a sound like a bell tolls President has an open door policy for freedom to its people; and maintain a softly in the night; and it warns of Chinese arms dealers, but the Dalai military superiority that makes the coming conflict. Lama must be slipped through the Mr. President, there is a destabilizing cost of conflict too high. There is an old Chinese proverb force in the Pacific rim today—and it White House back door? We should em- which says, ‘‘When you want to test is not the Asian democracies. There is brace the people of China who yearn to the depth of a stream, do not use both an entity, which through its emerging breathe free, not toast the tyrants who feet.’’ To end diplomatic ties and cease economic and military might, intends ordered tanks into Tiananmen Square. Or, consider the case of Bishop Su. to assert its power—and it is not the trading with the most populous nation Hung from the ceiling by his wrists, Su Asian democracies. There is a political on Earth would be the march of folly. was battered time and again about the system that sees as its enemy the free I do believe, however, that we must people of the world—and it is not the head until all but unconscious. He was look anew at both the granting of most Asian democracies. No, the expansion- then placed in a cell filled with water favored nation [MFN] status as well as ist force in Asia is Communist China, a where he was left for days, unable to China’s acceptance into the World country that cares little for inter- sit or [to] sleep. Tragically, Su is but Trade Organization [WTO]. national law, and even less for the sa- one of untold hundreds that have been For we are now approaching a criti- cred nature of human life. beaten and killed. Their high crime? A cally important stage in United States- Now, Americans have long known of fidelity to God and the desire to exer- Sino relations as a new generation of the existence of evil in the human cise that devotion. leadership leaps forward. They must heart. And yet strangely, we are loathe And who will condemn such barba- know that adventurism in Asia will to confess it. We are Jefferson’s chil- rism? The administration has made not meet a firm response. They must know dren, unrequited romantics, believers a sound. Well, I would respectively re- we will not sanction the injuries and in the innate goodness of man. But ex- mind them that to sin by silence usurpations that the Chinese people perience is both the best and most ex- makes cowards out of men; and an act have suffered at the hands of the state. pensive teacher. And it has taught us a of cowardice this great has not been They must know that we will support costly lesson that I fear is being lost: seen since Hemingway’s Macumber and defend democracy. ‘‘Totalitarians do not stop—they must heard the lion’s roar. The theme is freedom. And the fun- be stopped.’’ As for United States exporters, there damental principle upon which we Communist China is presently en- is little denying trade with China has should base U.S. trade policy is this: gaged in a military build-up that is as been of great value. United States Truly free trade can only exist between spectacular as it is unsettling. The goods and services exports to China free peoples. And the Chinese who weapon’s bazaar open for business in have increased from $3.5 billion to over watched treachery take hold in Beijing includes a blue water navy and $14 billion in the last decade alone. Tiananmen are most certainly not free. a 21st century air force that will give From power generation equipment to More than 300 years before the U.S.S. China the capacity to exercise power automotive parts, China has pursued Midway patrolled the South China Sea, throughout the Pacific. Russia alone Western consumer goods as a means by there was a great Puritan migration to has sold billions of dollars of military which to fuel its military expansion. a land called America. And on board a technology to the Chinese, including The West has willingly obliged. But at very different ship, the Arbella, John cruise missile(s) capable of defeating what cost, and to what end? Winthrop preached a sermon entitled, the antimissile defenses of the United Chinese import duties are still five ‘‘A Modell of Christian Charity.’’ In it, States Navy. times higher on average than those im- he laid out his expectations for the new These force-projection technologies posed by the U.S. and quadruple those colony; he spoke that, ‘‘every man are not about provid[ing] for the com- of Japan. Nearly half of Chinese im- might have need of other’’ and of a mon defense; they are about providing ports are subject to further barriers. world ‘‘knit more nearly together by an uncommon capacity to project And certain key industries such as the bond of brotherly affection.’’ power. They threaten not just the de- electronics, aircraft, and telecommuni- Winthrop was an early freedom man mocracies of Asia, but the American cations are shielded from competition and his, like Reagan’s, was a tran- sailors of the 7th Fleet who in the altogether. It would seem that 18th scendent vision. The society he foresaw name of peace call the waters of the century mercantilism is alive and well was a true commonwealth, a commu- South China Sea home. in 20th century China. nity in which each person put the good S3566 CONGRESSIONAL RECORD — SENATE April 23, 1997 of the whole ahead of private concern. democracy is the only peaceful form of ators that from 10:30 to 12:30 the Senate It should not surprise us, then, that government. With the hope that one will conduct its business in a closed Winthrop’s words upon arriving in day the long tug of memory might look session of the Senate in the Old Senate America were some of Reagan’s most favorably upon us as we look approv- Chamber to hear debate on sensitive frequently quoted: ‘‘We shall be a city ingly on the generations who answered intelligence issues. With that in mind, upon a hill, the eyes of all people are freedom’s call in decades passed.∑ I ask all Senators to arrive promptly upon us.’’ f at the Old Senate Chamber at 10:30 to- Well, the eyes of all people are upon morrow morning. Under the agree- us again. And the question they ask? ORDERS FOR THURSDAY, APRIL ment, tomorrow there will be five mo- Will America continue to stand for 24, 1997 tions to strike in order to the resolu- freedom? Or, will she fall captive to Mr. KYL. Mr. President, I ask unani- tion of ratification with 1 hour of de- policies born of confusion and concilia- mous consent that when the Senate bate equally divided between the chair- tion. The answer we send will tell completes its business today it stand in man and ranking member, or their des- much about how brightly our city still adjournment until the hour of 10 a.m. ignees. Therefore, Senators should an- shines. on Thursday, April 24. I further ask ticipate rollcall votes throughout For we stand on the cusp of a new unanimous consent that on Thursday, Thursday’s session of the Senate and and exciting age. By all accounts, this immediately following the prayer, the possibly into the evening, if necessary, has been the American century. The routine requests through the morning to complete action on this treaty. ideals that light our city have found hour be granted and the Senate imme- comfort’s warm embrace across the diately resume consideration of the f globe; democracy has triumphed; mar- Chemical Weapons Convention treaty. ket capitalism reigns supreme. But The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 10 A.M. alas, China’s shadow looms large. And objection, it is so ordered. TOMORROW the decisions of today will determine f Mr. KYL. Mr. President, if there is no whether America alone will shape the further business to come before the tomorrows in which we live. So let us PROGRAM Senate, I now ask that the Senate resolve to once again hoist up the flag Mr. KYL. Mr. President, for the in- stand in adjournment under the pre- of freedom. Let us resolve to extol the formation of all Senators, tomorrow, vious order. virtues of democracy to all who will at 10 a.m., the Senate will resume con- There being no objection, the Senate, listen. And not because democracy is sideration of the Chemical Weapons at 7:06 p.m., adjourned until Thursday, our form of government, but because Convention treaty. I remind all Sen- April 24, 1997, at 10 a.m. April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E717 EXTENSIONS OF REMARKS

LET’S APPLY THE GORE-McCAIN weapons purchases. This indicates the weap- Russia is Iran’s largest arms supplier and ACT TO RUSSIA AND CHINA ons may be used by Tehran as models for has sold three Kilo-class submarines, several local production. squadrons of MiG–29 fighter-bombers and re- It could not be learned whether the U.S. lated missiles. HON. GERALD B.H. SOLOMON government has tried to halt the missile Russian officials say Iranian military con- OF NEW YORK sales. tracts with Rosvooruzheniye are worth about IN THE HOUSE OF REPRESENTATIVES Vincent Cannistraro, a former CIA $1 billion a year; they noted that in 1995 Mos- counterterrorism official, said the Iglas Wednesday, April 23, 1997 cow and Tehran signed an $800 million deal would give Hezbollah more effective capa- for nuclear reactors to be built in Iran. Mr. SOLOMON. Mr. Speaker, I would like to bilities for attacking Israeli helicopters and The United States has tried in vain to stop insert for the record an article by Bill Gertz of jets over southern Lebanon. Moscow from selling the reactors. the Washington Times which reveals Russian ‘‘It vastly increases the risk and danger to In February, Vice President Al Gore com- Israeli aircraft, and because they are trans- plained to Russian officials about the coun- efforts to sell missiles to the rogue nation of portable, they could be smuggled into Is- Iran. This follows on the heels of a previous try’s transfer of SS–4 medium-range missile rael,’’ he said. technology to Iran. Russian Prime Minister Russian deal to supply Iran with nuclear reac- Hezbollah also could use the Iglas for at- Victor Chernomydrin reportedly denied any tor technology, as well as recent Communist tacks on civilian airliners, although less-ca- SS–4 technology had been sold to Iran, be- pable shoulder-fired missiles already are in Chinese sales of anti-ship missiles and other cause it would have violated Mr. Yeltsin’s the hands of terrorists, Mr. Cannistraro said. weaponry to Tehran. pledge not to conclude new arms deals with There are few reported cases of civil air- The Clinton administration's nonresponse to Tehran. these developments is astonishing, especially craft being shot down by shoulder-fired missiles. in light of the fact that while a Senator, Vice- Most Israeli military operations in south- f President GORE authored the 1992 Iran-Iraq ern Lebanon involve helicopter gunships, Non-Proliferation Act, otherwise known as the troop transports or U.S.-made warplanes. JOHN FORTHMAN: A COMMUNITY Gore-McCain Act. The law requires sanctions The Pentagon officials said two S–300 sys- HERO against nations which knowingly supply Iran or tems with 96 missiles that were manufac- Iraq with advanced conventional weaponry or tured near Moscow this year are being of- HON. JO ANN EMERSON technology that could contribute to their acqui- fered to Iran for $180 million—$20 million less sition of weapons of mass destruction. than the price charged by Russia’s state OF MISSOURI arms exporter, Rosvooruzheniye. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, nothing could be clearer than The systems are either advanced SA–10s or the applicability of this law to Russia's and the newer SA–12, both part of the S–300 se- Wednesday, April 23, 1997 China's arming of Iran. We should apply the ries—weapons that are very effective against law, now. warplanes and have some capabilities for Mrs. EMERSON. Mr. Speaker, I rise today [From the Washington Times, Apr. 23, 1997] shooting down short-range missiles. to recognize an extraordinary citizen who has The S–300s would be delivered in two ship- given much to his community. Mr. John RUSSIA SELLS MISSILES TO IRAN ments within a year of signing a contract, Forthman, who resides in Lilbourn, MO, in my TERRORISTS TO GET LATEST ARMS the officials said. congressional district, is an exceptional indi- (By Bill Gertz) The February talks between Iranian offi- vidual and a role model to every American. Russia is selling advanced air-defense sys- cials and Russian arms brokers involved the Mr. Forthman has worked with the New Ma- tems to Iran, including the latest version of sale of three older SA–10 systems and 36 mis- a hand-held anti-aircraft missile that Tehran siles worth about $90 million. drid County Civil Defense for 9 years. His intends to provide to Hezbollah terrorists, That deal, for SA–10s from components in services have included storm spotting, emer- The Washington Times has learned. Russia, Croatia and Kazakhstan, fell through gency organization, and disaster relief. In Such transactions would violate a pledge but is now being brokered by a colonel in the 1992, he obtained his EMT license in order to Russian President Boris Yeltsin made during Kazakh army, the Pentagon officials said. better respond to medical emergencies within the 1994 summit with President Clinton to The SAMs would vastly improve Iran’s air the community. Since then, he has been work- block all new conventional arms sales to defenses, which now include U.S.-made ing with the New Madrid County ambulance Hawks and older Russian and Chinese SA–2 Iran. service and attending continuing education The missile sales talks took place in Feb- and SA–5 systems. ruary and last month between Iranian intel- Iran is in the process of building up a na- classes in emergency medicine. He has also ligence agents and Russian arms brokers in tionwide air defense system and recently been a volunteer firefighter for the city of Moscow, who offered S–300 series anti-air- purchased several advanced air defense ra- Lilbourn for over 8 years. For the last 2 years, craft missiles for sale at discount prices, dars from China capable of tracking up to 100 he has filled the position of fire chief, playing Pentagon intelligence officials said. targets simultaneously. an integral role in building a much-needed fire The talks included the proposed sale by According to the publication ‘‘Russia’s station for his hometown of Lilbourn. Arms Catalogue,’’ produced by the Russian Moscow arms dealers of up to 500 advanced Mr. Forthman's service to the community ‘‘Igla’’ anti-aircraft missiles worth more Defense Ministry, the advanced S–300 has a than $50,000 each, according to U.S. intel- range of three to 92 miles; the Igla has a doesn't stop there; he is also a reserve deputy ligence information. The officials identified range of 30 feet to about 10,500 feet. for the New Madrid County Sheriff's Depart- the missiles as SA–18s. Iranian intelligence agents also are trying ment. He is a commissioned deputy and Other arms deals involve proposed sales of to buy tanks and helicopters from unofficial works to assist the full-time officers to prevent T–72 tanks and Mi–17 helicopters. They are Russian arms brokers. The Pentagon offi- crime in the area. said to include one of Russia’s intelligence cials said the tanks probably are T–72s and It would seem that with these numerous ac- services. The deals are being made outside the helicopters are Mi–17 transports. tivities, Mr. Forthman would have time for the official Russian government arms sales Disclosure of the secret Iran-Russia arms agency. deals comes as Iranian government officials nothing else. Yet, he is involved in the area The Pentagon officials said Iran’s Ministry are visiting Russia. Little League and various high school athletics of Defense and Armed Forces Logistics is in- Mr. Yeltsin met Friday in Moscow with and works full time for the Electric Cooperative volved in buying the shoulder-fired Iglas, and Iranian parliamentary speaker Ali Akbar New Madrid Powerplant, where he has been plans to supply some of them to Hezbollah, Nateq-Nouri and said cooperation between for the last 20 years. He also spends much the pro-Iranian group based in Lebanon that the two countries was ‘‘good, positive and time with his wife and two children. has been blamed for many international ter- with a tendency toward growth.’’ Citizens such as Mr. Forthman are unfortu- rorist attacks. The speaker, a possible presidential can- The officials said a scientific and technical didate in upcoming elections, signed several nately few and far between. The people of arm of the Iranian intelligence service that industrial, cultural and scientific agree- Lilbourn are lucky to know John Forthman, acquires foreign technology for Iran’s weap- ments, including a pact to coproduce and I am proud to recognize him for his many ons programs is involved in some of the Tupulev jetliners. achievements.

∑ 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. E718 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 IN COMMEMORATION OF THE 75TH Dick started his career, in neighboring Park turned home from the hard-fought battles in ANNIVERSARY OF ST. CLEMENT Ridge in June 1935, as a reporter for Pickwick state tournament. They earned the right to CHURCH Newspapers. A political science major in col- be proud of their accomplishments. But the praise that meant the most came lege, Dick has never lost his interest and re- from Coach Morgan, who knows more than HON. DENNIS J. KUCINICH spect for the political process. He served 2 anyone else how much these young women OF OHIO years in 1968±70 in Washington with then- worked over the course of the season. IN THE HOUSE OF REPRESENTATIVES Senator Birch Bayh of Indiana; and he worked ‘‘I do know this is probably the best over- on the campaigns of former Gov. William all team I’ve had in my 19 years as a head Wednesday, April 23, 1997 Stratton, the late Senator Paul Douglas and coach,’’ he said. ‘‘Especially in taking each Mr. KUCINICH. Mr. Speaker, I rise to com- Lt. Gov. John W. Chapman. game one at a time and I know how hard memorate the 75th anniversary of St. Clement Mary Jane earned her degree in English they work to make themselves better—how Church of Lakewood, OH. and wrote a travel column for Journal & Top- much they want to be successful.’’ The goods news for the Chargerettes is bad St. Clement Church was founded by Bishop ics Newspapers for 35 years in addition to her news for the teams they’ll face next year as Joseph Schrembs on April 27, 1922. The vital duties as an equal partner in the family the team will return basically intact when church was built by a local construction com- business. the season opens. We know they’ll continue pany with a lot of help from parishioners. The I extend to the entire Wessell family my to work hard to maintain the winning tradi- church officially opened its doors Easter Sun- heartiest of congratulations on this very spe- tion they’ve established. day, 1923. The church opened its school the cial anniversary. Our congratulations echo those of the com- next year, and the Cleveland Sisters of St. Jo- f munity. We’re proud of your devotion to ex- seph staffed it. By 1931, the parish had tripled cellence and sportsmanship. HARD WORK AND DETERMINATION in size from the original 314 families. A new f PAY OFF sanctuary was added. In 1947, a convent for HONORING THE U.S. SUBMARINE 18 sisters was built. St. Clement continued to HON. JOHN J. DUNCAN, JR. VETERANS INC., THE NAVAL grow, and in 1958, a new school building was SUBMARINE LEAGUE, AND THE built, with further expansion in 1965. OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES SUBMARINE VETERANS OF St. Clement has grown with the times. St. WORLD WAR II Clement School is now staffed by lay teachers Wednesday, April 23, 1997 and a lay principal. The convent was con- Mr. DUNCAN. Mr. Speaker, everybody in verted to Freedom House, a program which Tennessee is proud of our national cham- HON. JAMES E. ROGAN helps women who are making strides toward pions, the Lady Vols basketball team. But, I OF CALIFORNIA recovery. An entrance for the disabled was am also proud of another basketball team in IN THE HOUSE OF REPRESENTATIVES added in 1982. my district, the McMinn Central Chargerettes. Wednesday, April 23, 1997 St. Clement has matured through the gener- The Chargerettes were the runner-up in the Mr. ROGAN. Mr. Speaker, on behalf of our osity of its parishioners. A new restoration is State girls basketball tournament. These being financed through the pledges of the men and women who tirelessly serve our young ladies are to be commended for their country in the Armed Forces, please join me 1,300 families who worship at the church performance, hard work, and enthusiasm. The under the direction of the Reverend Alfred in offering tribute to the Navy's silent warriors, following is an article that appeared in the those who have qualified to serve for over 200 Winters. Daily Post-Athenian which I would like to St. Clement Church has been an integral in- years as Navy submariners. In honor of the share with my fellow colleagues and other U.S. Submarine Veterans Inc., the Naval Sub- stitution in the city of Lakewood from its very readers of the RECORD. beginnings. We are honored to have known it marine League, and the Submarine Veterans [From the Daily Post-Athenian, Mar. 12, of World War II, let us be reminded just how for so long, and we look forward to the many 1997] much we owe our submariners. great contributions to the community St. Clem- CHARGERETTES WON THROUGH HARD WORK ent Church will make into the next millenium. As early as the Revolutionary War, Ameri- High fives and hearty congratulations are ca's ports were guarded by naval submarines. f in order for the McMinn Central Chargerettes for their valiant effort in the In their earliest inception, a young inventor WESSELL’S CELEBRATE 50 YEARS state girls basketball tournament. named David Bushnell designed America's IN NEWSPAPER PUBLISHING It had been 25 years since the Central girls first operational submarine. During the War for team had made it into the playoffs and the Independence, Bushnell piloted his craft to- 1997 Chargerettes made the most of their his- ward the destruction of British men-of-war. HON. HENRY J. HYDE tory-making performance, coming in as the OF ILLINOIS This early work of a patriotic pioneer paved runner-up in one of the toughest divisions in the way toward an innovative and potentially IN THE HOUSE OF REPRESENTATIVES girls basketball play in Tennessee. lethal form of naval warfare. Wednesday, April 23, 1997 Coach Johnny Morgan’s team started out the year with the goal of simply playing one As the Navy grew into the 20th century, the Mr. HYDE. Mr. Speaker, at an early age game at a time and striving to improve with role of the submarine became only more vital. Dick and Mary Jane Wessell arrived at the every contest. That simple philosophy By the late 1800's, the U.S. Navy adopted its same conclusion: both wanted to write for worked as the Chargerettes seemed to just first official submersible vessel, the Holland. newspapers. When they finally met while get better each week as they worked on the As the world grew closer to entering World studying together in the early 1940's at Lake fundamentals of the game and never let am- War I, submarine technology was further im- bition cloud their vision. Forest College, Dick was the editor of the col- One by one their opponents learned the proved. lege newspaper, and Mary Jane wrote feature Chargerettes were a team to be wary of be- By the dawn of the Great War, the Navy stores. A bond of mutual friendship and love cause they were able to make the most of had 34 submarines in the fleet. One of the was formed. each player’s abilities. It was a team ap- Submarine Services' earliest standouts was a Today, the Wessell family celebrates 50 proach to the game that got them where young officer named Chester Nimitz. The fu- days of service to the northwest suburbs. It they wanted to be. It was the players’ unself- ture admiral would gain fame by commanding was in early 1947 that Dick and Mary Jane, ish attitude that made the Chargerettes a the U.S. Pacific Fleet in the Pacific during the college sweethearts who married shortly formidable team other schools couldn’t con- World War II. tend with when the chips were on the line. after graduation, scraped together moneys They worked hard, winning didn’t just hap- On the morning of December 7, 1941, all of saved from Dick's navy service in World War pen for the Chargerettes. The glory came at America was awakened by the shock waves II and Mary Jane's employment with the U.S. the end of the games when they were ahead reverberating from the Japanese surprise at- Government, and purchased the Des Plaines on the scoreboard but it all began with the tack on Pearl Harbor. While the surface fleet Journal. What the Wessells purchased was a long hours of practice filled with hours of was largely destroyed, the submarine fleet re- single weekly newspaper. During the course of learning the game and their own strengths mained safely at sea, and soon would render the next 50 years, the Wessells, with help and weaknesses. They worked to make the a brutal counterattack on Japanese-flagged most of their strengths and to overcome from their 6 children and 13 grandchildren, ex- their weaknesses and that’s what made them vessels. panded the business to 17 prize-winning winners. As the industrial machine in the States newspapers serving 28 suburban commu- The Chargerettes deserve the praise and steadily labored toward repairing our battered nities. accolades heaped upon them when they re- surface fleet, America's submarines set out April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E719 like a phalanx to destroy Japanese naval op- EARTH DAY 1997: THE FUTURE OF fuse pollution sources are difficult to con- erations. Admiral Nimitz defiantly proclaimed: ENVIRONMENTAL PROTECTION trol. The federal government is now taking a It was the great submarine force that I On April 22 we celebrated the 27th Earth more cooperative approach in addressing en- looked to carry the load until our great in- Day. We can take great pride in the advances vironmental problems. Today, the federal dustrial activity could produce the weapons that have been made in environmental pro- government takes the lead in setting stand- we so sorely needed to carry the war to the tection. We have succeeded in reducing the ards for the country, and assumes a substan- enemy. It is to the everlasting honor and levels of lead and other dangerous pollutants tial share of the resources, but works closely glory of our submarine personnel that they from the air. Lakes and rivers, once so con- with the states and the regulated commu- never failed us in our days of great peril. taminated they could catch on fire, now support large fish populations. Forests are re- nity to implement the laws and find cost-ef- By the end of World War II, American sub- bounding. Endangered species, like the eagle, fective solutions which aim to strike a bal- mariners had decimated the Japanese fleet. have been saved from extinction and are now ance between environmental protection and Over 1,000 Japanese ships were destroyed in thriving. economic growth. Many farmers, for exam- the Pacific theater alone. However, destruction Hoosiers strongly support cleaning up our ple, have switched to low-till or even no-till was not the only role submariners would play air, water, and land, and want to leave the farming practices. Such methods not only re- environment safe and clean for the next gen- duce soil erosion and help prevent water con- during the war. Ships assigned to the sub- tamination, but also improve overall effi- marine lifeguard league rescued hundreds of eration. They overwhelmingly support sensible, targeted and moderate laws necessary ciency of the farm operation. downed Navy and Army Air Corps flyers from to keep the environment clean. They also THE GLOBAL PERSPECTIVE the sea. In all, over 500 flyers owed their res- support the view that states and localities Environmental problems can be global. cue to the Navy's submariners, prompting one have a greater role to play in the environ- Scientists concluded that use of CFCs (a sailor to proclaim, ``* * * they never failed us ment, and that environmental laws should be group of chemicals commonly used in aero- in our days of great peril, and we as a nation based on sound science and a careful bal- sol spray cans and automobile air condi- are forever grateful.'' ancing of costs, benefits and risks. I agree tioners) was depleting the ozone layer. Ozone As World War II drew to a close, and the with their common sense beliefs. in the upper levels of the atmosphere acts as cold war dawned, the role of the submarines As we celebrate the 27th Earth Day, it is a shield against harmful ultraviolet radi- helpful to see how our approach to environ- ation from the sun. In response, the U.S. and their crews became only more invaluable. mental protection has changed over the last With the introduction of the nuclear powered joined other countries in approving a two decades, and how we can best meet the phaesout of CFCs, and U.S. companies are fleet, submariners would be pushed to even environmental challenges of the 21st Cen- now leading the way in developing safer sub- greater extremes as men and ships were sent tury. stitutes. on extended missions well beyond what was THE FEDERAL SYSTEM The U.S. is working with other countries imaginable only 10 years prior. Much debate has focused in recent years on on a host of international environmental Nuclear subs carried the most lethal deter- the various roles that federal, state and local problems, such as maintaining fish and other rent known to mankindÐnuclear missiles. With governments should play in environmental wildlife in our oceans and improving envi- their ability to launch from indeterminable loca- and other areas of regulation. There has been ronmental quality along our borders with tions without warning, the United States a strong push to devolve more responsibil- Mexico and Canada. The U.S. can and should ities to the state and local level, where offi- participate in these efforts because it is in proved its preeminence as a naval power and our national interest to do so. If we take a maintained peace and relative stability around cials are closer to problems and can respond in a more flexible, cost-effective way. I sup- leading role, we can insist that other coun- the world. port that general trend. tries abide by similar environmental stand- Triumph was not without tragedy and early The federal government, however, is still ards. nuclear submariners paid the ultimate price. In the dominant player in the environmental CONCLUSION 1963, the submarine Thresher sank with near- field. There are two primary reasons for this When I was first elected to Congress in ly 130 crewmen aboard. Again in 1968 the arrangement. First, many environmental 1964, there was little or no discussion about Scorpion went down with 99 crewmen aboard. problems are national in scope. Air pollu- the environment. That has, of course, These tragic losses, however proved to open tion, for example, generated in Louisville or changed. Environmental protection now new doors for American submariners. The Cincinnati can affect air quality in southern ranks as one of the most important concerns Indiana. Likewise, an oil spill in Pittsburgh deep submergence rescue vehicle program of the American public, and progress has cer- will affect water quality throughout the tainly been made: substantial reductions in was born out of tragedy and now sailors of all Ohio River system. States, acting alone, can- most air and water pollution; international nations can be quickly rescued in the event of not effectively respond to environmental efforts to phase out CFCs; reductions in chil- tragedy. The tragic losses are sad but gallant problems which cross state boundaries. dren’s blood lead levels; improved industrial extensions of the traditions of duty, profes- Second, the federal government has the re- management practices to reduce emissions; sional competence, and self-sacrifice which sources and expertise to determine what lev- and, more broadly, a strengthened steward- has always been the hallmark of submariners. els of pollution are safe for public health. ship ethic to minimize environmental dam- As we enter a new millennia and an era of The federal government first set national age. standards for air quality in the 1960s and has changing world order, we must be ever mind- The challenge for the next century is since adopted similar standards for water building upon our successes in more flexible, ful of the sacrifices made by our men and quality, hazardous waste disposal and the cost-effective ways. New approaches will en- women who silently served as submariners. like. This regulation has come at a cost to tail using innovative technologies, increas- Throughout our history, the role of submarin- industry and local communities—and often ing community participation, placing more ers and their crews have time and time again the federal government has failed to provide emphasis on prevention, streamlining gov- been put of the test and performed flawlessly. adequate financial resources to help state ernment regulations, providing economic in- Each day we remember troops, airmen, and and local governments meet federal stand- centives to business and industry, and urging sailorsÐmen and women alikeÐwho paid the ards—but, in general, federal leadership has cooperation at all levels. As long as the pop- resulted in dramatic benefits for public ultimate price for our continuing freedom. As ulation, economy, and per capita income health and overall environmental quality. grow the pressure on the environment will we look back, let us not forget our submarin- REGULATORY APPROACH grow. Our challenge is finding the right bal- ers, active crews and veterans alike. Let us ance between environmental protection and not forget the sacrifices paid by our submarin- The federal approach to environmental regulation has changed over the last two economic growth. ers. In tribute to their valor, we offer our admi- decades. The first approach was character- f ration, respect, and praise. ized by ‘‘command and control.’’ The govern- f ment set the rules and expected state and JEROME WARNER, NEBRASKA’S local governments as well as industry to PREEMINENT CITIZEN LEGISLA- EARTH DAY obey them. Under this approach, a factory TOR would be required to install a specific pollu- HON. LEE H. HAMILTON tion control device. HON. DOUG BEREUTER ‘‘Command and control’’ has worked, at OF INDIANA some cost, in terms of controlling large OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES point sources of pollution, such as industrial IN THE HOUSE OF REPRESENTATIVES Wednesday, April 23, 1997 facilities, but has been less successful in re- Wednesday, April 23, 1997 ducing pollution created by numerous small- Mr. HAMILTON. Mr. Speaker, I am inserting er sources. For example, storm runoff can Mr. BEREUTER. Mr. Speaker, this week my Washington Report for Wednesday, April wash pollutants from farms, highways and Nebraskans bade farewell to an extraordinary 23, 1997, into the CONGRESSIONAL RECORD. city streets into the water system. Such dif- man. State Senator Jerome Warner, a family E720 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 man, a farmer, a fine and honorable gen- none after him will ever match his legislative his battle with cancer, he had been in the tleman, and a preeminent citizen legislator, achievements in Nebraska. thick of the legislative debate over property- died at the age of 69, after 35 years of service [From the Lincoln (NE) Journal Star, Apr. tax lids and projected treasury surpluses. 22, 1997] Members of the Legislature and people out- to our State in its unicameral legislature. side the Legislature were still looking to The extraordinary qualities and abilities of FROM LIFE TO LEGACY: WARNER’S LONG Warner for guidance on how to manage the the gentleman from Waverly, NE, have long SEASON OF SELFLESS SERVICE tangle of tax issues. been recognized across our State. In recent Toward the end, people who knew him well It was logical that they were turning to weeks and months Nebraskans have praised were at special pains to pay tribute to Je- the Waverly senator. Nebraska has benefited him with such words as `ìntegrity, courage, rome Warner. The energy to speak in admi- substantially from the wisdom and balance dignity, honest, genuine, outstanding legisla- ration and in gratitude bubbled up at about he displayed during his 34 years as a state the same rate that Warner’s own energies tor, a force of nature, friendly, All-American, senator. His passing leaves a void in state wore down. government. trustworthy, unpretentious, fair, builder, mod- It is a measure of this man’s quiet, simple Warner served in the Legislature longer est, consummately ethical, revered, bred for greatness that even those who did not know than any other person. He held all the top public service, the Dean, captain of the ship, him well could know how fine, how decent a leadership positions and three of the most and progressive.'' man he was. powerful committee chairmanships—Appro- Jerry was only 9 years old when his father Like a cold wind, the thought rushes in priations, Revenue and Education. was elected speaker of the first session of the upon us now that we were somehow vastly Many of his achievements came in the area unprepared for his death Sunday. Nebraska Unicameral Legislature, and the of providing essential services with a fair Our search for warmth and for solace leads system of taxation. He was the father of Ne- senior Warner served nearly 40 years as a us to simple truths that passed from the seat Nebraska legislator, including 23 years as braska’s roads classification system, which of state government to the farthest corners took politics out of highway planning. He speaker. In his 35 years as a State senator, of this state over a 35-year career. Jerome planned the Postsecondary Education Co- Jerry Warner served as speaker, too, three Warner is a man of his word. Jerome Warner ordinating Commission to eliminate unnec- times, as chairman of practically all of the im- defines what it means to be a public servant. essary duplication in higher education. He portant committees, including the appropria- Jerome Warner is the kind of leader who was instrumental in bringing Kearney State tions, revenue and education committees, and cares more about what he gets done than College into the University of Nebraska sys- how he describes it. in many other formal and informal leadership tem. The Revenue Committee puts its sense of Warner got Nebraska’s variable gasoline roles. urgency about failing health into action as In his early years in the legislature, Jerry tax through the Legislature. He wasn’t the calendars turned to April 1997. Sens. David kind of politician who would promise good worked successfully to provide State aid so Landis of Lincoln and George Coordsen of roads and leave the financing to someone that schools could be less dependent on prop- Hebron were among those to take some time else. He knew that the highway program erty taxes. Thirty years later, he continued that to praise Warner for his leadership, for his needed more money. He came up with what effort to provide even more State aid for edu- selflessness, for his ability to see out ahead he thought was the fairest system of obtain- cation. Jerry was chairman of the appropria- to new problems and new solutions. Never ing more. one for spectacle or smooth speeches, the tions committee for 13 years. During the farm Warner had personal qualities that made chairman took it all in from behind those him effective as a politician and likable as a crisis in the 1980's, when the revenues from glasses that gave his eyes such owl-like sales and income taxes fell, Jerry found ways human being. His integrity was unimpeach- hugeness and suggested the committee ad- able. He was always pleasant and polite to to cut State spending. Throughout his service journ. those around him, whether they were high- As applause rolled across the room, he de- on the appropriations committee, when a powered officials or the college students who clared, ‘‘I guess we’re done.’’ shortfall loomed, Jerry produced a plan to pull work as legislative pages. He respected ordi- Now at least in the most immediate sense, the State through its fiscal difficulties. nary people. He was a ‘‘bottomless pit of pa- we citizens of Nebraska are done with the tience,’’ a former legislative colleague once In addition, throughout his life, Jerry farmed life of Jerome Warner. Thankfully, his leg- said. on the same family farm where he was born acy is just beginning. in 1927, and he bred registered Hereford cat- As was so typical of him, he gave almost Some politicians gain dignity when they tle. He finally leased out the farm land 3 years all of his remaining energy to the legislative are elected to public office. With Jerry War- ner, it was the other way around. The way he ago and sold the last of his cattle last month. task. He did not check into Tabitha’s hospice program in Lincoln until a few days before conducted his 34-year career as a state sen- Some Nebraskans have wondered why ator enhanced the honor and dignity of the Jerry never ran for higher office. I think I his death. The tributes that began back when cancer office. Few Nebraskans ever came closer to know. For him there was no higher office than had so clearly gained the upper hand con- being the model public official. serving one's fellow citizens in our unicameral tinue in a torrent. But the words now are f legislatureÐas a ``citizen legislator.'' words we pass among ourselves. We comfort I served with Jerry Warner for only 4 years, each other, we try to reassure each other, HONORING THE 75TH ANNIVER- but that was a wonderful and significant time and we look anxiously for others half so will- SARY OF THE PORTAGE SCHOOL for me. When he first moved to the appropria- ing, half so able to help us find our way. DISTRICT, PORTAGE, MICHIGAN tions committee and became its chairman in The Warner legislative legacy includes es- 1977, I was new to the vice chairman role. To- tablishing state aid to education. It includes an end to pork-barrel politics in use of high- HON. FRED UPTON gether, as we worked alone, night after night, way funds and stout defense of using high- OF MICHIGAN we poured over the budget until midnight way money for highway purposes. It includes IN THE HOUSE OF REPRESENTATIVES hours. We made some big changes in direc- hard and unfinished work in the 1997 session Wednesday, April 23, 1997 tion. But more importantly, during these nights in trying to salvage quality education from I learned about the depth of this man's com- property tax relief. Mr. UPTON. Mr. Speaker, I rise today to mitment to Nebraska's welfare and about the In earlier sessions of his life, Warner spent honor the 75th anniversary of the Portage unrivalled depth of his knowledge of the State. his days in the Legislature and his nights on School District in southwest Michigan. Much Thereafter, I always knew my first and best the tractor. It is a fitting way, in this last has changed since the school doors opened in session, to remember a citizen-senator who source of informationÐpractical and histori- did so much to bring together the interests 1922, but throughout the years the Portage calÐabout Nebraska State government was of rural Nebraska and the interests of all of schools have consistently succeeded in pro- Jerry Warner. Up close I learned about the in- Nebraska. It is a fitting, sunset vision of am- viding a high quality education and outstand- tellect and rationality behind that very special bitions that were so characteristically fo- ing services for students. twinkle in Jerry's eye. cused first on his state, rather than on him- Formed in 1922 as the Portage Agricultural I am so very appreciative that I had the self. School District, the district then had five teach- privilege of knowing him and working with him, ers. Today, 550 professionals educate nearly [From the Omaha World-Herald, April 22, 9,000 students who fill 8 elementary schools, of his good counsel, and of all that he did to 1997] make Nebraska a much better place to live. 3 middle schools, and 2 high schools. The SENATOR WARNER DIGNIFIED OFFICE Jerry Warner made a big, big difference for school district boasts student achievement Jerome Warner died too young. At age 69, scores that are 15 percent to 20 percent high- the better here on earth. What better legacy his mind was still sharp. His judgment was can one leave? still good. He still displayed a desire to serve er than State averages with 83 percent of their Jerome Warner of Waverly, NE, a giant in his fellow Nebraskans. students going on to higher education. his accomplishments, has walked modestly Until he checked himself into a nursing The strength and excellence of the school among us, but none before him or probably home two weeks ago, in pain and frail from district's curriculum and programs prepares April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E721 youths for the challenges they will face follow- Through the years, Ukrainian-American vet- Bucchioni, Tyessa Howard, Kasey King, ing graduation. It is with great pleasure that I erans have proven their determination and Deanna Lamb, James Lazarus, Kim Noeum, am able to represent the Portage schools and dedication by bravely fighting in the defense of Ryann O'Bryant, Brad Schaefer, Tiwanna witness their remarkable growth. I consider the United States. Scott, Matt Stevens, and Kim Chau Vo. their comprehensive programs to be a model Ukrainian-American veterans have served in f of success, and I have the utmost confidence the United States armed services, and have in their ability to continue serving students for aided in the destruction of the tyrants and op- AUTHORIZING FUNDING FOR A another 75 years with the same excellence pressors that have confronted our great Na- STUDY OF BREAST CANCER they have achieved. tion. Based on their distinguished military serv- Mr. Speaker, I know that the people of Por- ice, Ukrainian-American veterans deserve rec- HON. RODNEY P. FRELINGHUYSEN tage have always stood behind their schools, ognition. OF NEW JERSEY just like the school district stands behind its By providing our Ukrainian-American veter- IN THE HOUSE OF REPRESENTATIVES students and staff. As their Representative in ans with a Federal charter, our Nation will rec- Wednesday, April 23, 1997 Congress, it is a great honor for me to rise ognize this special group of American heroes. Mr. FRELINGHUYSEN. Mr. Speaker, I rise today in recognition of their accomplishments This measure will protect and preserve the today, joined by a bipartisan group of my col- and wish them many more years of prosperity. foundations that our Nation was founded leagues, to introduce legislation critical to the f upon. And will promote patriotism and respect State of New Jersey. by commemorating the military actions, wars This bill will authorize funding for a study fo- WAYNE COUNTY HEALTH CENTER and campaigns of the United States in which FIGHTS HUNGER cusing on the link between environmental fac- they were involved. tors and genetic susceptibilities toward breast I am pleased to introduce this legislation cancer. The study will be conducted by the HON. JO ANN EMERSON and I urge my colleagues to join us in support- New Jersey University of the Health Sciences OF MISSOURI ing the courageous military service of Ukrain- in consultation with the New Jersey Depart- IN THE HOUSE OF REPRESENTATIVES ian-American veterans. We truly believe that ment of Health and Senior Services. Wednesday, April 23, 1997 this legislation demonstrates a commitment to Breast cancer is an epidemic in our country. Mrs. EMERSON. Mr. Speaker, I rise today democracy and liberty. Providing a Federal It is reported that every 3 minutes, a woman to recognize the creative and innovative work charter to the Ukrainian-American veterans is is diagnosed with the disease and every 11 of the Wayne County Health Center, a hospital a symbolic tribute of respect for our veterans minutes a woman dies from it. In this year located in the 8th District of Missouri. Wayne as our Nation continues to promote freedom alone, more than 44,000 women will from County Health Center was recently presented throughout the world. breast cancerÐthese women, who are our with the American Star, an award given to 100 f mothers, spouses, siblings, children, or civic organizations each year by the America IN RECOGNITION OF A HIGH friends. The Beautiful Fund of Washington, DC. ACHIEVING JOHN MARSHALL These numbers are especially alarming in I would especially like to extend my con- HIGH SCHOOL AMERICAN HIS- the State of New Jersey, which has the sec- gratulations to Mrs. Velma Osborne, who has TORY CLASS ond highest breast cancer mortality rate of any played an instrumental role in the success of State in the country. The American Cancer Wayne County Health Center's extraordinary Society estimates 6,400 new cases of breast citizen service. HON. DENNIS J. KUCINICH cancer in New Jersey in 1997 and 1,800 esti- Wayne County Health Center established a OF OHIO mated deaths. program that assists over 400 low-income IN THE HOUSE OF REPRESENTATIVES While we have made some strides in raising families in the area grow their own fresh food. Wednesday, April 23, 1997 awareness about the need for early detection The families involved in the project are learn- Mr. KUCINICH. Mr. Speaker, I rise to recog- and some strides in research, we still do not ing the importance of good nutrition, as well nize and honor the high intellectual achieve- have a cure nor do we know what causes the as how to grow their own fresh fruits and ment of a John Marshall High School Amer- devastating disease. That is why I am intro- vegetables. ican history class. This class of high school ducing this legislation, to direct more funding This program has taken a giant step in help- juniors and seniors has demonstrated a super- to study the disease and potential causes of it. ing to fight hunger in Wayne County. It will Because of its dense population, the State lative command of the facts and a critical un- continue to benefit the families involved as of New Jersey has many unique environ- derstanding of the meaning of American his- children grow up with the knowledge of good mental concerns that may have some link to tory. They are first among their peers, having nutrition and the skills to grow their own our high incidents of breast cancer. The won that distinction when they took first place healthy food. State's University of Health Sciences is one of in the State of Ohio finals of the We the Peo- The Wayne County Health Center is cer- only seven joint centers in the United States ple competition. tainly deserving of an award as prestigious as The We the People competition does not in- that house a National Cancer Institute des- the America The Beautiful American Star. The volve mere rote learning and short answers, ignated research center and a National Insti- accomplishments of Velma Osborne and the but requires detailed research and study on tute of Environmental Health Sciences re- many others who have worked for the success specific areas of the Constitution and Bill of search center. The New Jersey Department of of this program should serve as a reminder of Rights. Students testify before a panel of Health and Senior Services also oversees a the spirit that founded this country and the role judges, most of whom are judges and lawyers, statewide cancer registry and is advanced in that each and every one of us play in keeping as if they were testifying at a congressional its cancer research programs. that spirit alive. While this potential study is critical to hearing. The class is divided into six groups f women and families in New Jersey, the results and each group is required to give a 4 minute of the study are equally important to the 1 in prepared answer to one of three extremely LEGISLATION TO RECOGNIZE THE 8 women that will be diagnosed nationally with complex questions. Each group must then an- UKRAINIAN AMERICAN VETERANS breast cancer each year, to their children and swer extemporaneously 6 minutes of followup families. Consequently, I urge the support of questions posed by the judges. Through this HON. BENJAMIN A. GILMAN my colleagues for swift passage of this bill. trying ordeal, the students must demonstrate OF NEW YORK f IN THE HOUSE OF REPRESENTATIVES their understanding and ability to articulate in- depth analysis of complex constitutional is- LETTER CARRIERS FOOD DRIVE Wednesday, April 23, 1997 sues. All students must respond, not just the WILL BE MAY 10TH Mr. GILMAN. Mr. Speaker, I am pleased to stars of the class. introduce legislation that will grant a Federal The entire class, then, has earned a cov- HON. GERALD D. KLECZKA charter to the veterans organization known as eted honor as the State representative at the OF WISCONSIN Ukrainian American Veterans, Inc. This legis- national competition. Under the tutelage of IN THE HOUSE OF REPRESENTATIVES lation recognizes and honors the thousands of their teacher, George Klepacz, the following Ukrainian-Americans who have fought for the students are commended by Congress for Wednesday, April 23, 1997 ideals and principles that our great country their work and achievement: Brigitte Beale, Mr. KLECZKA. Mr. Speaker, hunger has no represents. Alicia Bebee, Raenala Brown, David calender. Hunger doesn't know if it's spring, E722 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 summer, winter, or fall. Hunger doesn't know High School held garage sales, raised funds Parent involvement is a critical part of the the days of the week, or the months of the from local businesses, and were helped by effort, and programs for parent-training help to year. During the Thanksgiving and Christmas their schools PTA, who held a fundraising support students' reading efforts at home. Pro- holiday season, our thoughts and our hearts brunch. Symbol Technologies, of Bohemia, gram examples are `Ì Have A Parent Who turn to the less fortunate in our own commu- Long Island, helped Pierson's with a small Reads To Me'' for kindergarten and first nities. But, sadly, hunger is a year round con- grant. Many of the students also came up with grades; ``WOW! I Can Read'' for second cern and food pantries can be dangerously some of their own money to pay their way to grades; and ``Book Bridges'' for off-track stu- depleted during the spring and summertime. Orlando, and to the regional competition at dents. A parent task force is very active with That's why it is so important that all Ameri- New Jersey's Rutgers University. the site-based decision-making model and co- cans are aware that on May 10, the National Mr. Speaker, I ask my colleagues in the ordinates support activities, such as a mini- Association of Letter Carriers [NALC], in con- U.S. House of Representatives to join me in mum of three parent visitation days and Fam- junction with the U.S. Postal Service, the saluting the 30 students on the Pierson High ily Nights each year. One example of this pro- AFL±CIO, and the United Way, will be collect- School Robotics team, for their performance at gram's success is the parent attendance rate ing nonperishable food items for distribution to the national robotics competition. As America at parent conferences: more than 97 percent local food pantries. Postal customers simply enters the new millennium, an era that will be of Wesley Gains parents attend their parent- place the food items by their mailboxes on the dominated by microchips and robots, it is teacher conferences. 10th, and the letter carriers pick up the items these young scientists who will create the new The overall success has been achieved and when they make their rounds. This is the larg- technologies that we can now only imagine. maintained regardless of some district wide est 1 day food drive in the Nation, and proud- By their talent, hard work and ingenuity, Amer- changes: extension of the school day; imple- ly, I might add, my hometown, Milwaukee, ica will remain the greatest force in the global mentation of a four-track, year-round sched- ranked third in the Nation last year by collect- marketplace. Congratulations, Pierson High ule, adding grades 6 to 8 to Wesley Gains' K± ing over 1 million pounds of food for distribu- School. 5 campus, redefining each school's attend- tion. f ance boundaries, which at Wesley Gains led Let's all spread the news, far and wide, to CONGRATULATIONS TO WESLEY to an increase of 850 new students; and im- the cities, suburbs, towns, and rural areas, as GAINS ELEMENTARY SCHOOL IN plementing a new school uniform policy. hunger affects many of our neighborhoods PARAMOUNT, CALIFORNIA It is obvious that Wesley Gains deserves and hometowns. When doing the weekly gro- this honor. The students, teachers, and staff cery shopping for the second week of May, have worked hard and it has paid off. They please join my wife and I by adding to the HON. STEPHEN HORN recognized where their focus needed to be, OF CALIFORNIA shopping cart a few extra cans of soup, vege- devised a plan that efficiently used their re- IN THE HOUSE OF REPRESENTATIVES tables and fruit, for distribution via the Letter sources, implemented their plan, and continue Carrier food drive May 10. Wednesday, April 23, 1997 to reevaluate and reassess the quality of work f Mr. HORN. Mr. Speaker. I rise today to they do, making changes as they go. And I praise the Wesley Gains Elementary School in am pleased to see that they recruited the best A TRIBUTE TO THE PIERSON HIGH the Paramount Unified School District. It is support group possible: parents. The level of SCHOOL ROBOTICS TEAM OF SAG being recognized by the California Department commitment Wesley Gains parents show has HARBOR, LONG ISLAND FOR ITS of Education as a California title I achieving been, without a doubt, a key to their success. PARTICIPATION IN THE NA- school. Wesley Gains is also a candidate for I would wish that all schools could have as TIONAL HIGH SCHOOL ROBOTICS the competitive Title I National Recognition much parental support as Wesley Gains does. COMPETITION Schools Award. After all, it will take the entire community to This award is sponsored by the National As- educate and prepare our children for the 21st HON. MICHAEL P. FORBES sociation of State Coordinators of Compen- century. OF NEW YORK satory Education. The Association's goal is to I congratulate Superintendent Lawrence, IN THE HOUSE OF REPRESENTATIVES focus the Nation's attention on programs in Principal Lance, the entire staff, faculty, par- high poverty areas where disadvantaged stu- Wednesday, April 23, 1997 ents and students of the Gains community. I dents demonstrate unusual success in raising wish them many more years of success. Mr. FORBES. Mr. Speaker, I rise today to their achievement levels in basic and more ad- f pay tribute to the 30 students and 4 teachers vanced skills. who comprise the Pierson High School robot- Paramount School Superintendent Michele ‘‘WE THE PEOPLE’’ PROGRAM ics team, of Sag Harbor, Long Island, for their Lawrence and Wesley Gains Principal Susan showing at the National High School Robotics Lance have worked hard to develop and main- HON. ROBERT A. WEYGAND competition, held between April 9±13 at the tain the Gains community, which is not just OF RHODE ISLAND Epcot Center at Walt Disney World, Orlando, physical buildings, but a philosophy that un- IN THE HOUSE OF REPRESENTATIVES FL. derscores the importance of education as a Competing against 115 teams from across joint venture between the home, the school, Wednesday, April 23, 1997 America, including several magnet high and the community. The goal of the Gains Mr. WEYGAND. Mr. Speaker, on April 26± schools that specialize in science and tech- community is to prepare students to become 28, 1997, more than 1,200 students from 50 nology, Pierson High School finished 15th at responsible citizens and productive members States and the District of Columbia will be in the national competition in Orlando. The com- of the society. To achieve this, students need Washington, DC, to compete in the national petition's sponsorÐU.S. For Inspiration, Rec- to be proficient in reading, writing, mathe- finals of the We The People . . . The Citizen ognition, Science and Technology [FIRST]Ð matics, and have a positive character behav- and the Constitution Program. I am proud to provided each of the 115 schools with the iorÐwhich includes good work habits, team- announce that the class from West Warwick same materials and parts list and asked each work, perseverance, honesty, self-reliance, High School from West Warwick will represent to accomplish the same task: to construct a and consideration for others. the Second Congressional District of Rhode robot that would pick up a number of inner Through several key features, the Gains Island. These young scholars have worked tubes and place them inside a hexagonal goal. community has been able to achieve these diligently to reach the national finals by win- Using radio transmitters and receivers, the goals. The primary component has been a ning local competitions in their home State. students were scored on the number of inner balanced literacy program, utilizing title I The distinguished members of the team rep- tubes they safely maneuvered from a remote funds. All existing and incoming teachers re- resenting Rhode Island are: Jamie Amaral, location into the goal. ceive training in specific, researched-based Mary Asselin, Jonathan Bassi, Justin Broz, What makes the accomplishments of the reading and writing strategies, including the- John Caressimo, Brian Carr, Andrew Co- Pierson High School team so remarkable is ory, program expectations, and implementa- stanza, Krystle Couto, Bethany DeBlois, that they constructed a robot that out- tion expectations. Additionally, Wesley Gains Candice Felske, John Johnson, Jonathan Ju- performed machines built by teams from has five reading recovery teachers who work neau, Jamie Kullberg, Kristin Larocque, Gina schools with much larger enrollments, many of with targeted at risk first graders and provides Musto, Meghan O'Brien, Ryan O'Grady, whom enjoyed corporate sponsorship and as- assistance to staff, as well as a site literacy Stephanie Paquet, Erica Ricci, Hillary Sisson, sistance. To raise the $6,000 entry fee, travel, teacher, who acts as a partner-teacher to all Derek Tevyaw, Kevin Willette, Kristen and lodging costs, the students from Pierson staff. Wolslegel, Man Yu, and Debra Zenofsky. April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E723 I also would like to recognize their teacher, of an HOPD. Newspapers, the electronic Oklahoma City bombing. On April 19, 1995, a Michael Trofi, who deserves much of the cred- media, and consumer groups could do a great car bomb exploded outside the Alfred P. it for the success of the team. The district co- service to the Nation's seniors and disabled by Murrah Federal Building in Oklahoma City, ordinator, Carlo Gamba, and the State coordi- checking on these prices in their local market OK, killing 169 people and injuring hundreds nator, Henry Cote, also contributed a signifi- and advertising the difference to seniors. Ca- more. This act of cowardice was an attack on cant amount of time and effort to help the veat emptorÐbig time. innocent children and defenseless citizens, team reach the national finals. COMPARISON OF HOSPITAL AND ASC FEES and struck at the very heart of our democracy. The We The People . . . The Citizen and ILLUSTRATIVE EXAMPLE NO. 1 This act of terrorism, the worst in the Na- Constitution Program is the most extensive Description: tion's history on American soil, shocked, fright- educational program in the country developed Procedure: Inguinal Hernia Repair. ened, angered and saddened the citizens of specifically to educate young people about the Location: Milwaukee, Wisconsin. Oklahoma and the United States. But through- Constitution and the Bill of Rights. The 3-day CPT Code: 49505. out this time of hardship, the acts of courage, Date: June 18, 1996. national competition simulates a congressional compassion, and professionalism by the citi- hearing in which students' oral presentations Comparative pay- zens of Oklahoma and countless volunteers are judged on the basis of their knowledge of ments— that descended upon the Murrah building are constitutional principles and their ability to ASC Local indelibly etched in the memories of people all apply them to historical and contemporary is- hospital over the world. These heroes, which included sues. Retail Charge ...... $1,816 $3,171 law enforcement officers, firefighters, search Administered by the Center for Civic Edu- HCFA Approved ...... 3,171 and rescue professionals, doctors, nurses, and cation, the We The People program, now in its HCFA Payment ...... 587 2,537 Patient Co-payment ...... 117 634 volunteers throughout the country, gave self- 10th academic year, has reached more than lessly in providing comfort and compassion to 75,000 teachers, and 24 million students na- COMPARISON OF HOSPITAL AND ASC FEES the victims of the attack and their families. tionwide at the upper elementary, middle, and ILLUSTRATIVE EXAMPLE NO. 2 Mr. Speaker, as a Member of Congress who high school levels. Members of Congress and Description: hails from New York City, the site of the World their staff enhance the program by discussing Procedure: Breast Biopsy. Trade Center Bombing 4 years ago, I know current constitutional issues with students and Location: Milwaukee, Wisconsin. the fear and loss which these cowardly acts teachers. CPT Code: 19120. Date: July 29, 1996. can have on a community. While the devasta- The We the People program provides an tion which occurred in Oklahoma City is far excellent opportunity for students to gain an Comparative pay- greater than that which New York sustained, I ments— informed perspective on the significance of the know the people of New York have a special U.S. Constitution and its place in our history Local affinity for the suffering experienced by the ASC hospital and lives. I wish these students the best of families and friends of the victims of the Okla- luck in the national finals and look forward to Retail Charge ...... $899 $1,237 homa tragedy. their continued success in the years ahead. HCFA Approved ...... 1,237 HCFA Payment ...... 473 989 I think all Americans agree that this victim- f Patient Co-payment ...... 95 247 ization of innocent people is a trend which we HOSPITAL OUTPATIENT OVER- cannot allow to continue. That is why I intro- COMPARISON OF HOSPITAL AND ASC FEES CHARGES: WHY WE NEED TO RE- duced and urge my colleagues to join me in ILLUSTRATIVE EXAMPLE NO. 3 FORM MEDICARE’S PAYMENT co-sponsoring H.R. 538, the Explosives Description: Fingerprinting Act, which would require explo- SYSTEM Procedure: Cataract w/IOL. Location: Milwaukee, Wisconsin. sive manufacturers to use high technology ad- HON. FORTNEY PETE STARK CPT Code: 66984. ditivesÐtaggantsÐin their explosives. These OF CALIFORNIA Date: August 15, 1996. taggants would serve as identifying signatures IN THE HOUSE OF REPRESENTATIVES which show where and when a particular ex- Comparative pay- plosive material was made. This legislation, Wednesday, April 23, 1997 ments— which I originally offered during the 103d Con- Mr. STARK. Mr. Speaker, the President's Local ASC hospital gress in response to the World Trade Center budget proposes to reform a major defect in bombing, is supported by major law enforce- MedicareÐthe ability of hospital outpatient de- Retail Charge ...... $1,419 $4,417 HCFA Approved ...... 1,617 ment agencies, including the Bureau of Alco- partments [HOPDs] to overcharge bene- HCFA Payment ...... 914 1,294 hol, Tobacco and Firearms. ficiaries. Due to the way the law is worded, Patient Co-payment ...... 183 323 Mr. Speaker, it is time to give our law en- patients today payÐon averageÐabout 45 COMPARISON OF HOSPITAL AND ASC FEES forcement officials a valuable new tool in their percent of the allowable cost of a hospital out- arsenal. I would encourage my colleagues to ILLUSTRATIVE EXAMPLE NO. 4 patient procedure. They should be paying 20 join me as cosponsors of this important legis- percent. Unless fixed, the problem will just get Description: Procedure: Colonoscopy w/Tumor Removal. lation, thereby taking a small step toward mak- worse and worse, with seniors and the dis- Location: Pasadena, California. ing sure another terrorist act like the bombing abled paying more and more. Simply put, the CPT Code: 45385. in Oklahoma City does not occur again. problem arises because Medicare pays the Date: January 23, 1996. Finally, Mr. Speaker, I would like to again hospital on the basis of reasonable cost, while express my deepest sympathies to the fami- Comparative pay- the beneficiary is stuck with 20 percent of ments— lies and friends of the victims of Oklahoma chargesÐand charges can be anything the City on this the second anniversary of the Local hospital wants to say they are. ASC hospital Oklahoma City bombing. On February 4, Representative COYNE and myself introduced a bill, H.R. 582, to provide Retail Charge ...... $1,583 f HCFA Approved ...... 1,186 for an immediate correction of this serious HCFA Payment ...... $442 1,186 Medicare beneficiary problem. I urge the Patient Co-payment ...... 88 396 INS AND CITIZENSHIP Budget Committee, as it considers the size of f the Medicare budget cuts, to make an allow- HON. RON PACKARD ance for the fixing of this problems. TWO YEAR ANNIVERSARY OF THE OF CALIFORNIA In the meantime, the public should be ad- OKLAHOMA CITY BOMBING— IN THE HOUSE OF REPRESENTATIVES vised to shop around for a better price than APRIL 21, 1997 Wednesday, April 23, 1997 the HOPDs offer. Of the roughly 7,000 procedures that are done in HOPDs, 2,700 are also HON. THOMAS J. MANTON Mr. PACKARD. Mr. Speaker, I rise today to done safely and competently in ambulatory OF NEW YORK discuss an issue which disturbs me greatly. surgical centers [ASCs], where the price is IN THE HOUSE OF REPRESENTATIVES Just 3 months ago the Justice Department reported that the Immigration and Naturalization usually much lowerÐand where the bene- Wednesday, April 23, 1997 ficiaries copay is limited to 20 percent. Service allowed some 180,000 people to be- Following are some examples of the dif- Mr. MANTON. Mr. Speaker, I rise today to come citizens without fully completing the reference to a patient in using an ASC instead commemorate the second anniversary of the quired criminal background checks. E724 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 INS Commissioner Doris Meissner promised military security by ensuring U.S. control of es- The Jones Act provides many significant that appropriate steps would be taken to cor- sential transportation assets and our maritime and costeffective national security benefits. In rect the obvious problems. Mr. Speaker, last infrastructure. It is not surprising that there are times of international crisis, the Jones Act fleet week the verdict came in. over 40 other nations that have similar laws keeps goods flowing reliably and securely be- In a 140-page report issued by the Peat that limit access to their domestic commerce tween U.S. ports, supporting the domestic Marwick Accounting Firm, our worst fears to their national flag vessels in order to better economic base needed to sustain military ac- were realized. The report found that of the 23 enhance and support their own economic and tion overseas. It also serves as an efficient INS offices around the country, only 8 were military security. and cost-effective adjunct to government- complying with the new procedures for screen- Domestic trade has always been the core of owned and other commercial sealift defense ing out criminal aliens. In fact, the report said our maritime industry. This trade, which con- resources. The same U.S. merchant mariners that it could not with any assurance state that sists of seaborne commerce between our who crew these Jones Act vessels in peace- INS was not continuing to incorrectly natural- States and territories and coastwise, Great time can be mobilized, as they have in the ize aliens with disqualifying conditions. Lakes and river commerce, has insured the past, to crew surge and sustainment vessels Mr. Speaker, it is bad enough when a gov- survival of our maritime industry. The Jones for the Department of Defense. ernment agency is inefficient and squanders Act has fostered the growth of a highly pro- Despite the claims made by foreign shipping taxpayer money. But what can possibly be ductive and diverse fleet of large, techno- interests and their spokespersons, without the said about an agency that is fouling up the logically advanced, fuel efficient vessels. Jones Act, foreign flag vesselsÐfree of vir- most important honor our Nation can giveÐ These vessels transport all types of U.S. do- tually all U.S. laws, taxes, and obligationsÐ the honor of citizenship. mestic commerce in a timely, economically, would be able to complete unfairly, not only There is nothing that should be viewed with and responsive manner. This fleet is better against U.S.-flag vessels but also against more respect than the process by which we equipped than ever to serve America's econ- America's trucking, rail, and pipeline indus- bestow citizenship on new Americans. We omy. Today's fleet consists of more than twice tries. Americans will not benefit if the Jones simply must improve the integrity of the natu- as many large vessels as it did in 1965. These Act was weakened or repealed. Americans will ralization process or we risk cheapening a vessels are not only larger but faster and not benefit when their fellow citizen maritime privilege that so many have given their lives to much more productive in terms of their cargo workers lose their jobs. Americans will not protect. carrying and delivery capability. As a result, a benefit when Federal and State taxing authori- f single American mariner working aboard one ties lose desperately needed revenues. For- of today's technologically advanced vessels is eign shipping interests must not be given our NAFCU MARKS 30 YEARS OF able to deliver as much as 17 times the domestic shipping market, the world's most lu- SERVICE amount of cargo as 30 years ago. The Jones crative domestic shipping market, into which Act, along with the comparable requirements they could dump their foreign built, foreign HON. FLOYD H. FLAKE applicable to America's aviation, rail, and crewed vessels and capture our trades. OF NEW YORK trucking industries, plays a vital role in ensur- It is important to remember that if we, as IN THE HOUSE OF REPRESENTATIVES ing that America's shippers and consumers Members of Congress, choose to not support Wednesday, April 23, 1997 continue to have a reliable, efficient, and com- the Jones Act, we will instead have chosen to petitively balanced domestic transportation Mr. FLAKE. Mr. Speaker, for the past 30 eliminate an American industry. By doing so system. America's shippers and consumers years an organization known as the National we will be turning over its functions and re- benefit greatly by using equipment built to Association of Federal Credit Unions [NAFCU] sponsibilities to foreign owned and controlled U.S. standards and operated by trained U.S. has distinguished itself by playing a key role in vessels crewed by foreign nationals. It means citizen workers. guiding and shaping the growth of America's that we will have chosen to wipe out the bil- Vessels comprising the U.S. domestic Jones lions of dollars in private investments made in Federal credit union community. Act fleet does not receive any operating or This week NAFCU marks the 30th anniver- an all-American industry. We will have done construction subsidies from the U.S. Govern- sary of its incorporation. During that time it so in order to give heavily subsidized, largely ment, but rather are supported entirely through has rapidly grown so that today NAFCU rep- unregulated foreign shipping interests the right private capital investment by U.S. maritime resents credit unions that account for well over to control the movement of America's domes- companies. To date, these private investments a majority of all Federal credit union members tic commerce, to dictate the terms and condi- have totaled approximately $26 billion. This in- from across the land, and nearly three-quar- tions of such shipments. We will have allowed vestment pumps nearly $15 billion into the na- ters of the assets of all Federal credit unions foreign shippers to export freight revenues., tional economy, including more than $4 billion in the country. taxes and jobs outside of the United States. It in direct wages to U.S. citizens. This economic NAFCU and its representatives on Capitol means that we will open our market to foreign impact is multiplied by thousands of additional Hill have served America's credit unions well. shipping interests that do not pay U.S. taxes, jobs which Jones Act industries support in I invite our colleagues to join in extending do not comply with America's safety, environ- downstream industries and local communities warm wishes on the occasion of NAFCU's mental and worker protection laws, and do not in which Jones Act-related income is spent. In 30th anniversary. employ American workers. It means we will fact, the U.S.-flag domestic fleet provides di- f have given foreign shipping interests the abil- rect employment for 124,000 Americans, in- ity and the right to compete unfairly against SUPPORT FOR THE JONES ACT cluding 80,000 merchant sailors and 44,000 U.S. vessels, pipelines, railroads, and trucks. shipyard and other shoreside workers. Their Common sense dictates that our economic HON. JOHN JOSEPH MOAKLEY livelihoods are directly tied to the construction, and military security requires an American OF MASSACHUSETTS repair, maintenance, supply, and operation of owned, built and crewed domestic fleet and IN THE HOUSE OF REPRESENTATIVES the 44,000 vessels and barges in the Jones this common sense has prevailed for over 200 Act fleet. years. I ask that you join Mr. SOLOMON, our Wednesday, April 23, 1997 Not only do American citizens, our constitu- colleagues and me in supporting our biparti- Mr. MOAKLEY. Mr. Speaker, on behalf of ents, benefit from the Jones Act but so do san resolution that strongly reaffirms the Con- myself and the chairman of the Rules Commit- Federal and State treasuries. The construction gress' support for the Jones Act. tee, Mr. SOLOMON, and a bipartisan group of and operation of the privately owned U.S.-flag H. CON. RES. — our colleagues, I have introduced today a res- domestic fleet generates approximately $300 Whereas a privately owned United States- olution that strongly reaffirms the Congress' million annually in corporate tax revenues for flag merchant fleet and maritime industry support for the Jones Act, section 27 of the the Federal Treasury and another $55 million are vital to the economic, military, and Merchant Marine Act of 1920, one of the annually in State tax revenues. Americans international political security of the United comerstones of U.S. maritime policy. With ori- working aboard U.S.-flag domestic vessels States; gins dating back more than 200 years, the and in related domestic industries pay approxi- Whereas it is essential for the Congress to Jones Act requires that vessels used to trans- mately $1 billion $100 million annually in Fed- reaffirm its support for those programs and policies that have successfully developed and port cargo between U.S. ports be built in the eral income taxes and another $272 million in maintained a strong, competitive, and eco- United States, owned by U.S. citizens and State income taxes. These revenues will be nomically viable United States-flag mer- crewed by U.S. citizen mariners. lost to our Federal and State governments if chant marine, including section 27 of the The U.S. domestic Jones Act fleet plays a foreign vessels and foreign crews are allowed Merchant Marine Act, 1920 (46 App. U.S.C. critical role in safeguarding U.S. economic and to enter America's domestic trades. 883), popularly known as the Jones Act, April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E725 which reserves the carriage of America’s wa- and able to respond, as always, to our Na- segment where viewers called in and voted for terborne domestic commerce to privately tion’s call in time of war or other emer- one of the four finalists for the award. Trooper owned United States-flag commercial vessels gency; and O'Keefe's actions captured the attention of that are built and repaired in United States Whereas the Jones Act and related stat- shipyards and owned and crewed by United utes are necessary because the construction many as he was pronounced Trooper of the States citizens, and similar statutes pertain- and repair of the United States-flag domestic Year. ing to the domestic dredging, fishing, sal- merchant fleet provides the primary source Today, I would like to salute the heroic ef- vage, and towing industries; of commercial shipbuilding opportunities for forts displayed by Trooper O'Keefe. While the Whereas these statutes have fostered the American shipyards and their workforce, accomplishments of the Indiana State Police's growth of a highly productive and diverse helping to maintain the shipyard mobiliza- Pendleton Post are significant, it is important fleet of large, technologically advanced, and tion base necessary to America’s national se- to remember that they put their life on the line fuel-efficient vessels, that is capable of curity: Now, therefore, be it every day for people whom they never have transporting in a timely, economical, and re- Resolved by the House of Representatives (the sponsive manner all types of United States Senate concurring), That it is the sense of the met. It is this type of commitment that is truly domestic commerce and that carries approxi- Congress that section 27 of the Merchant Ma- commendable. mately 21 percent of the freight moved in the rine Act, 1920 (46 App. U.S.C. 883), popularly On behalf of the citizens of Madison County, domestic transportation market while ac- known as the Jones Act, and related statutes we are proud to have State police officers of counting for less than 2 percent of domestic are critically important components of our such high caliber. Their hard work ethic earns expenditures for freight transportation; Nation’s economic and military security and them further recognition as Hoosier heroes. Whereas the United States-flag domestic should be fully and strongly supported. Mr. Speaker, that concludes my report from merchant fleet has more than twice the f number of large vessels than in 1965 and pro- Indiana. ductivity of the fleet over the past 30 years HOOSIER HERO—INDIANA STATE f has more than tripled the fleet’s ability to POLICE’S PENDLETON POST CHAIRMAN BENJAMIN A. GILMAN’S serve American shippers and consumers; Whereas this increased growth and gains in ADDRESS TO THE III WORLD productivity are due largely to the increased HON. DAVID M. McINTOSH PARLIAMENTARIAN CONVENTION capital investments by private industry in OF INDIANA ON TIBET the fleet and to the cooperative relationship IN THE HOUSE OF REPRESENTATIVES that exists between American vessel operators and their American citizen crews; Wednesday, April 23, 1997 HON. TOM LANTOS Whereas more than 40 of America’s trading OF CALIFORNIA Mr. MCINTOSH. Mr. Speaker, I rise today to partners have comparable laws and restric- IN THE HOUSE OF REPRESENTATIVES tions to limit access to their domestic com- give my report from Indiana. As my wife, merce to their national flag vessels in order Ruthie, and I travel throughout the great State Wednesday, April 23, 1997 to better enhance and support their own eco- of Indiana, we meet so many hard-working Mr. LANTOS. Mr. Speaker, today, here at nomic and military security; Hoosiers. the offices of the House of Representatives, Whereas the Jones Act and related stat- These people go to work every day to sup- the III World Parliamentarian Convention on utes are necessary to prevent America’s do- port themselves and their families. Tibet was held. The keynote address for this mestic economy from being dominated and However, there are those who go above controlled by foreign shipping interests impressive gathering of elected representa- which today operate in international com- and beyond the call of duty each day, to put tives of Parliaments was given by His Holi- merce outside the scope of United States their lives on the line for fellow Hoosiers. This ness, the Dalai Lama of Tibet, who is here in Government laws and regulations, including commitment calls on the courage of the Indi- Washington, DC, for this conference. tax obligations, that apply to all types of ana State Police officers. One of the true highlights of this parliamen- United States-flag vessels and their crews, to Today, I would like to pay special attention tary convention was an address by our distin- the entire domestic transportation infra- to the hard-working men of the Indiana State guished colleague and the chairman of the structure, and to all other industries located Police's Pendleton Post. Their devotion, cour- House International Relations Committee, in the United States; age, and outstanding work ethic are recog- Whereas the Jones Act and related stat- Congressman BENJAMIN A. GILMAN of New utes, along with the comparable require- nized as Indiana's best State police squad. York. Mr. Speaker, I am inserting this excel- ments applicable to America’s aviation, rail, The Pendleton Post consists of seven men. lent address of our colleague in the RECORD, and trucking industries, play a vital role in Alexander Willis, Scott Sollars, Jeff Goforth, and I urge all of my colleagues to give his fine ensuring that America’s shippers and con- Chris Lambert, David Preston, Shawn remarks thoughtful and careful attention. sumers continue to have a reliable, efficient, O'Keefe, and Chris Noone make up the squad STATEMENT BY THE HONORABLE BENJAMIN A. and competitively balanced domestic trans- who, in 1996, recorded over 800 criminal ar- GILMAN, CHAIRMAN, HOUSE INTERNATIONAL portation system that uses equipment built rests and over 200 drunk-driving arrests, the RELATIONS COMMITTEE, III WORLD PAR- to American standards and operated by highest in the State of Indiana. However, what LIAMENTARIAN CONVENTION ON TIBET, APRIL trained American citizen workers; 23, 1997 Whereas allowing foreign flag vessels and makes these accomplishments so significant is foreign crews to operate in America’s domes- the fact that there were only seven men on Mr. GILMAN. Good morning ladies and tic trades will threaten the economic viabil- the squad. gentlemen, your Holiness and distinguished ity of America’s transportation system, Sgt. Robert Kowalski said that normally a participants. Thank you Lodi for your kind which operates in compliance with all Unit- group this size would not be able to accom- words. It is a special honor for the House ed States Government laws and regulations, International Relations Committee and the plish as much as the Pendleton troopers have, Congress to host this third international including tax obligations; but their good-old fashion hard work have put Whereas the Jones Act and related stat- parliamentarian convention on Tibet. utes and the construction and operation of fear out of the minds of the citizens of Madi- I am pleased to welcome His Holiness The the privately owned United States-flag do- son County. The work ethic of the Indiana Dalai Lama, Professor Rinpoche, the Chair- mestic fleet contribute significantly to the State Police's Pentleton Post is something man of the Assembly of Tibetan People’s national economy, generating approximately each of us should strive for. Deputies, and all the distinguished legisla- $300,000,000 annually in corporate tax reve- Special recognition is also deserved by tors, academics, participants and guests nues for the Federal Treasury, and another Troopers David Preston and Shawn O'Keefe. joining us today. It is fitting that this his- $55,000,000 annually in State tax revenues, all toric meeting takes place under the roof of Trooper Preston was honored for having the the ‘‘House of the people’’ by a worldwide of which would be lost if foreign vessels were most criminal arrests and the third highest allowed to enter America’s domestic trades; community of legislators, scholars and ex- Whereas Americans working aboard United drunk-driving arrests for the State of Indiana. perts. States-flag domestic vessels and in related Trooper Shawn O'Keefe was also awarded As I drove down from New York last domestic industries pay $1,100,000,000 annu- Trooper of the Year by the ``Real Stories of evening after spending the last two days ally in Federal income taxes and another the Highway Patrol'' television show. celebrating the Passover Holidays with my $272,000,000 in State income taxes, revenue Only 6 months out of the training academy, family, the significance of our meeting here which will be lost if foreign vessels and for- Trooper O'Keefe displayed immense courage today reminded me of the similarities between our two people’s and indeed the eign crews are allowed to enter America’s by rescuing a 6-year-old girl from a burning domestic trades; similarities between righteous efforts of any Whereas the domestic maritime industry car after a terrible accident claimed the lives people for freedom and G-d given rights. provides a significant source of employment of three people in December of 1995. During Passover the Jewish people cele- to maintain a cadre of well trained, loyal This true act of bravery was nominated as brate their freedom from slavery and are re- American citizen merchant mariners ready ``Real Stories'' TV show's Trooper of the Year minded of their ancestors’ wandering in the E726 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 desert for forty years. The family sedar cen- the sentencing of a 60-year-old Roman with Him. China’s diplomats have been fly- ters around recalling the persecution of the Catholic priest to two years of ‘‘reeducation ing all over the world promising stadiums, Jews by the Pharaoh, the efforts made to through labor’’ for unknown charges. He had roads, government buildings, purchases of free the Jews, the promises made by G-d, previously spent 13 years in prison because of airplanes and other forms of trade and as- their plight in the desert and the meaning of his refusal to renounce ties with the Vati- sistance in order to bully, threaten and ca- the sedar’s different foods, drinks and rit- can. During this past Easter, the regime ar- jole Commission members to vote with them uals. But most significant of all is the family rested Peter Xu who is perhaps the most im- in Geneva. gathering recounting the story of how a pow- portant evangelical leader of the under- Three years ago, leaders of many nations erless non violent religious nation regained ground Protestant church. He founded the that are currently members of the U.N. Com- its rights. New Birth house church networks, report- mission on Human Rights urged President As we gather together today I strongly feel edly to have 4 million members. At this time Clinton to de-link U.S. trade with China to that same sense of family * * * that same there are four Catholic Bishops imprisoned its human rights violations. They argued motivation for coming together. Some of you or in detention. that the human rights issue ought to be con- have traveled very long distances and are The Communist Party and the Bureau of sidered separate and apart from trade and sacrificing precious time and money to help Religious Affairs are also responsible for the economic matters and last week they ig- the Tibetan people. Others are volunteering kidnapping of the 6-year-old Panchen Lama nored the hypocrisy of trading their values your services so that this can happen. But and his family who have been detained for al- and principles away. most significant of all is the selflessness of most two years, and their whereabouts are Democracy is on the run and having a dif- the deed and the joy of doing what is right. still unknown. Scores of Tibetan Buddhists ficult time establishing itself throughout Today, we are a family gathering together who refused to participate in the Chinese Asia because democracies throughout the to learn from the past, to enjoy good com- sham enthronement of Beijing’s ‘‘Panchen world, including our own nation, have put pany and to help our Tibetan and Chinese Lama’’ have been sent to prison and one of short term economic gains for powerful com- brothers and sisters regain the freedom that their spiritual leaders committed suicide panies ahead of the long term benefits of de- is rightfully theirs. The result of our delib- rather than take part in the charade. mocracy and the rule of law. Although most erations which will be delivered to the Sec- Mine you, these people are not spending western CEO’s intimately understand and retary General of the United Nations and lengthy periods of their life in horrible pris- are usually supportive of the role that an various governments are intended to bring on conditions for peacefully advocating po- independent judiciary has on controlling cor- those leaders into the family to give them litical pluralism or democracy. They are ruption, which in turns helps to maintain the opportunity to strengthen and to be a being severely punished merely for pursuing profitable business ventures, they are mes- part of our unity of effort. their religious beliefs. merized by what George Will of the Washing- Most of you know the statistics: The Chi- Pro dmeocracy advocates in China and ton Post calls the ‘‘beguiling chimera’’ of the nese destruction of over 6,000 monasteries, Tibet are going through equally hard times. China market. Almost every deal with China the death of 1.2 million Tibetans (a third of The recently released State Department’s requires a substantial technology transfer the population), the tight control of religion Country Report on Human Rights Practices that quickly evaporates their profitable by a foreign atheist government, the public in China and Tibet states that ‘‘in 1996 the sales. humiliation of monks and nuns. The Tibet- authorities stepped up efforts to cut off ex- Every year around now since 1989, mem- ans have lost everything, their great teach- pression of protest or criticism. All public bers of the business community visit Capitol ers, their lands and monasteries, and now dissent against the party and government Hill to speak with us about the need for a due to a diabolical ‘‘final solution’’—a popu- was effectively silenced by initimidation, Most Favored Nation trading status for lation transfer program of massive numbers exile, the imposition of prison terms, admin- China and to warn against containment ver- of Chinese into Tibet—many Tibetans are istrative detention, or house arrest. No dis- sus engagement of the government in very rapidly losing their identity, language sidents were known to be active at year’s Beijing. But I submit to you that the con- and self respect. end.’’ Not even the former Soviet Union tainment versus engagement discussion is a straw man. In a healthy family, members The Romans destroyed the Temple in Jeru- managed such complete repression against discuss issues, come to agreements and then salem some two thousand years ago, and the refuseniks. sent the Jews into exile from their holy land. The State Department Report goes on to follow through on their words with deeds. The Chinese destruction and current occupa- say: ‘‘Although the Government denies that Engagement continues even when a punish- tion of Tibet is every bit as cruel and brutal it holds political prisoners, the number of ment occurs. If many important agreements to the Tibetans. The very strict control of persons detained or serving sentences for are broken and a sibling never stands up for Tibet’s religious institutions by atheist com- ‘counterrevolutionary crimes’ or ‘crimes his or her rights then the other one usually munist officials is not only unimaginable against the state,’ or for peaceful political or turns into a bully. At which point the family and the aggrieved sibling will both be re- blasphemy to Tibetans but to all of the religious activities are believed to number in sponsible if the belligerent’s behavior affects world’s great religious traditions. the thousands. Persons detained during 1996 The extent to which China’s past and the larger community. included activists arrested for issuing peti- The Tibetans and all of us here today are present leaders are personally responsible for tions or open letters calling for reforms and bearing our responsibility to the world com- these policies is very distressing. For exam- greater democracy.’’ munity by calling attention to the crises of ple it was Deng Xiaoping who directed the Having checkmated all resistance in Tibet leadership in both the People’s Republic of People’s Liberation Army into Tibet and and China the dictators have been success- China and in any other government that oversaw its destruction. Just three years ago fully applying similar strategies in the inter- fails to be alarmed, and to take strong ac- it was reported that at an internal Central national arena. Just last week, representation against the manipulation of religion and Communist Party meeting, President Jiang tives of the unelected government in Beijing destruction of a people. Zemin asserted that, religion is one of the once again succeeded in Geneva at the U.N. Such a people who have a particular com- biggest threats to Communist Party rule in Commission on Human Rights to have a no- mitment to G-d that characterizes their China and Tibet. Subsequently, Premier Li action motion adopted on the consideration whole national identity, who are the victims Peng signed decrees number 144 and 145 of a resolution regarding human rights viola- of the most vicious oppression, who might be which restrict worship, religious education, tions in Tibet and China. The Beijing dicta- miraculously delivered against the odds pre- distribution of Bibles and other religious lit- torship elevated its international bullying to cisely by continuing to hold to their special erature, as well as restricting contact with new heights by threatening Denmark. If relationship to G-d rather than by practicing foreign coreligionists. Denmark introduced a human rights resolu- the ways of the Pharaoh, need all of our sup- The totalitarian Chinese government has tion regarding China, the resolution would, port. created official religious organizations that according to the Chinese ‘‘become a rock We are a family. We are here to bring out control all religious worship, activity, and that smashes on the Danish government’s the best in all of our members. Your very association in China and Tibet and supplant head.’’ presence gives the Tibetans and Chinese peo- the independent authority of the Roman Such statements and the shameful action ple hope for the future. Catholic Church, independent Protestant by Beijing of introducing a no-action motion I urge you during the next two days to churches, and independent Buddhist, Taoist, are insults and a disgrace to the Commission chart out a program of action where to- and Islamic associations. Indeed, the Bureau on Human Rights. No country should be able gether we can take a multilateral approach of Religious Affairs is headed by a rigid com- to utilize its economic or political power to in helping His Holiness and the people of munist who is hostile to all religion. attempt to block international scrutiny of Tibet. Many of us in the House and Senate, The Bureau is controlled by the United its human rights record. And no civilized Republicans and Democrats, are prepared to Front Work Department of the Chinese Com- country on the face of the earth would perwork with you. munist Party. The Party was behind the sen- mit its diplomats, spokesmen or leaders to Lodi, I want to convey to you and your tencing of a 76-year-old Protestant leader to make such pernicious remarks. staff at the International Campaign for Tibet 15 years in prison for distributing Bibles, the Within the past year Beijing officials have and to all the volunteers here today doing sentencing of a 65-year-old evangelical elder made similar public threats against Ger- the hard work of making this happen, my to an eleven-year prison term for belonging many, New Zealand, Australia and Taiwan if deepest appreciation and respect. to an evangelical group outside the govern- they permitted His Holiness to visit their To the leaders in Beijing, we ask for their ment-sanctioned religious organizations and countries and if their leaders were to meet suggestions on how we can assist them in April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E727 dealing with their past in order that they other critical ingredient in the team's success. Mr. Speaker, it is with enormous pride and may then embrace the necessary values that I commend not only the El Camino Real team, extreme satisfaction that I join others in salut- will sustain their nation in the future. In but every individual involved in similar aca- ing the musical accomplishments and con- this same unity of spirit we ask that they let our people go. demic pursuits. As educator John Dewey tributions of this exceptional Floridian. Shake- May their decisions and your deliberations noted, `Èducation is not preparation for life, speare said, ``[i]f music be the food of love, lead to freedom and peace for the Tibetan education is life itself.'' play on. . .''. and Chinese people. Mr. Speaker, I am privileged to represent To the thousands of students of Dr. Re- G-d bless. such outstanding young people, as they are becca W. Steele, I say ``play on.'' f truly the future of this great Nation. f f A TRIBUTE TO THE EL CAMINO EARTH DAY 1997 REAL HIGH SCHOOL ACADEMIC HONORING DR. REBECCA W. DECATHLON TEAM STEELE HON. THOMAS J. MANTON OF NEW YORK HON. BRAD SHERMAN HON. CARRIE P. MEEK IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA OF FLORIDA Wednesday, April 23, 1997 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. MANTON. Mr. Speaker, I rise today in Wednesday, April 23, 1997 Wednesday, April 23, 1997 recognition of Earth Day 1997. During this Mr. SHERMAN. Mr. Speaker, I rise today to Mrs. MEEK of Florida. Mr. Speaker, I rise Congress it is especially crucial to emphasize honor an exceptional group of individuals from today to commend the musical genius of Dr. the significance and purpose of this nationally my congressional district, the El Camino Real Rebecca W. Steele. recognized day. Since 1970, this country has High School Academic Decathlon team. This On April 27, the board of directors of the set aside 1 day a year to highlight the impor- team not only won the local and State com- Richard V. Moore Community Center, Inc., will tance of environmental conservation and pres- petitions, but this last weekend competed in honor Dr. Rebecca W. Steele, director of Be- ervation. But protecting the environment and St. George, UT where they finished second in thune-Cookman College Concert Chorale and our natural resources is not a once a year the national competition. Young Artists group, with a musical tribute. project. It is about the way we choose to live This is not the first time that El Camino Real Over a period of 50 years, Dr. Steele's expan- our lives. has competed for this national honor. El Ca- sive career has included the positions of cho- Mr. Speaker, the nationwide recognition of mino Real has won the California Academic ral music director, voice teacher, music educa- this day illustrates the overwhelming public Decathlon three times, and this was the tor, singer, and arts administrator. Family, concern over how the natural and man-made school's third appearance in the national com- friends, and colleagues will pay tribute to this world should interact. While I support efforts to petition since 1992. This kind of continued individual who has touched the lives of hun- relieve businesses of undue red tape, I believe success can only be attributed to diligence, dreds of young people across the State of it is possible to do so without also reducing hard work, and perseverance. Indeed, this im- Florida and the Nation. protection of our air, water, and other natural pressive history speaks volumes about the in- A member of the faculty of Bethune- resources. Although striking a balance is often dividuals that we are honoring here today from Cookman College since 1976, Dr. Steele is difficult, it is necessary for the long term health the coaches, parents, friends, and of course currently professor of music and director of of both the environment and the economy. students who were willing to sacrifice and give cultural affairs. She has a Ph.D. from Florida As a Member of this esteemed body, I am the extra effort. State University in humanities and music, with pleased with the role Congress has played Yet hard work alone does not explain their special emphasis in multicultural music edu- over the last 27 years. Passage of legislation success as this group exemplifies the word cation. She earned dual masters in music edu- such as the Clean Water Act, Clean Air Act, teamwork. The team consists of nine students, cation and voice, piano, and choral conducting the Endangered Species Act, among others, two coaches, and seven faculty assistants from Columbia University. Prior to joining the has been instrumental in cleaning our environ- compelled by the rigorous nature of this com- Bethune-Cookman faculty, Dr. Steele enjoyed ment and protecting our valuable natural repetition to study, train, and act as a cohesive a long teaching career at Florida A&M Univer- sources. It is our responsibility as legislators to unit. The manner in which points are accumu- sity, in Tallahassee, another outstanding his- continue to respond to the public and its prior- lated in the Academic Decathlon competition torically Black University. ities through enactment and renewal of these requires every team member to make a signifi- Under her direction, the concert choir at most important environmental laws. cant contribution; indeed, the team is only as Florida A&M was recognized for its perform- Mr. Speaker, I am hopeful that this day will strong as its weakest link. Through their co- ances of such major extended choral works as be a reminder to Congress that the manage- operation and hard work, the team has Verdi's Requiem and Bach's Magnificat. The ment of our resources is of vital importance. learned that self-sacrifice can lead to excel- choir's exceptional renditions of Negro spir- The decisions we make today will impact not lence. I believe our ability to enter and contrib- ituals also received wide-spread acclaim. The only our future, but all future generations. ute to these types of relationships both as Bethune-Cookman Chorale has performed f families and communities is key to our future. with the Jacksonville Symphony Orchestra and Finally Mr. Speaker, I am proud to note that Lyric Theater in a production of Porgy and THE GIFT OF LIFE CONGRES- this track record of academic excellence is Bess as well as at the Spoleta Festival in SIONAL MEDAL ACT OF 1997 found in one of our public schools. We con- Charleston, SC. tinuously hear about the problems facing the A singer of considerable prominence, Dr. HON. FORTNEY PETE STARK Nation's public education system, and al- Steele remained in demand while at Florida OF CALIFORNIA though there are many obstacles and they are A&M University. Her soprano solos from Mo- IN THE HOUSE OF REPRESENTATIVES daunting, I believe they can be overcome. zart's Requiem, arias, and interpretations of Many of the qualities that made this team suc- spirituals were especially popular. Dr. Steele's Wednesday, April 23, 1997 cessful can be used throughout our schools, ability to conduct different styles of music, Mr. STARK. Mr. Speaker, today our col- such as hard work in a team atmosphere and while simultaneously producing beautiful tone leagues Mr. SERRANO, Mr. DELLUMS, Mr. looking to peers for support and accountability. and phrasing distinguishes her from many of KLECZKA, Mr. UNDERWOOD, Mr. FRANK, Ms. This team consists of nine students: Steve her peers. Her latest production, ``From Bach CHRISTIAN-GREEN, Ms. PELOSI, Mr. HALL (OH), Chae, Michal Engelman, Robert Magee, Ta- to Gospel'' features varied styles of choral Ms. ROS-LEHTINEN, Mr. BERMAN Mr. WAXMAN, mara Miller, Michael Montgomery, Jacqueline works, ensembles, and solos from numerous Mr. CRAMER, Mr. EHRLICH, Ms. CLAYTON, Mr. Moses, Roger Rees, Dawn Robinson, and Adi periods. Dr. Steele's professional affiliations RANGEL, Mr. GONZALEZ, Mr. MOAKLEY, Mr. Zarchi. The faculty assistants are James add another dimension to an already commit- FROST, Mr. ACKERMAN, Mr. SPENCE, and I take Centorino, Charles Doherty, Rebecca Gessert, ted teacher and humanitarian. She is a mem- great pride in reintroducing The Gift of Life Jerry Hickman, Mark Johnson, Jack Liebel, ber of the Music Educators National Con- Congressional Medal Act of 1997. The enact- Naomi McCoy, Lillian Ruben, and Shukla ference, the Florida State Music Teacher's As- ment of this legislation, which doesn't cost tax- Sarkar; the team is led by head coaches Shar- sociation, the Association of University Profes- payers a penny, will not only honor the individ- on Markenson and David Roberson. Principal sors, the Southern Arts Federation and the ual organ donor and their loved ones, but will Ronald Bauer's guidance and support was an- Florida Professional Presenters Consortium. also heighten the awareness of the organ E728 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 shortageÐultimately resulting in more organ SEC. 2. CONGRESSIONAL MEDAL. set expenditures relating to the issuance of donation. The Secretary of the Treasury shall design medals authorized under this Act. There is a major undersupply of available and strike a bronze medal with suitable em- (b) PAYMENT OF FUNDS.— blems, devices, and inscriptions, to be deter- (1) IN GENERAL.—Except as provided in and suitable organ donors. mined by the Secretary of the Treasury, to paragraph (2), all funds received by the Currently, there are 50,000 individuals wait- commemorate organ donors and their fami- Organ Procurement and Transplantation ing for an organ transplant in the United lies. Network under subsection (a) shall be promptly paid by the Organ Procurement States. The number of people on the list has SEC. 3. ELIGIBILITY REQUIREMENTS. and Transplantation Network to the Sec- more than doubled since 1990 and a new (a) IN GENERAL.—Any organ donor, or the retary of the Treasury. name is added to the national patient waiting family or family member of any organ donor, (2) LIMITATION.—Not more than 5 percent list approximately every 18 minutes. Despite shall be eligible for a medal described in sec- of any funds received under subsection (a) the numerous problems that organ donation tion 2. shall be used to pay administrative costs in- programs have faced and conquered over the (b) DOCUMENTATION.—The Secretary of curred by the OPTN contractor as a result of years, a major problem still exists. Health and Human Services shall direct the an agreement established under this section. The demand for organs will continue to entity holding the Organ Procurement and (c) NUMISMATIC PUBLIC ENTERPRISE FUND.— Transplantation Network (hereafter in this grow with the improvement of medical tech- Notwithstanding any other provision of Act referred to as ‘‘OPTN’’) to contract to— law— nologies. Without expanded efforts to increase (1) establish an application procedure re- (1) all amounts received by the Secretary the supply of organ donation, the supply of quiring the relevant organ procurement or- of the Treasury under subsection (b)(1) shall suitable organs will continue to lag behind the ganization, as described in section 371(b)(1) be deposited in the Numismatic Public En- need. of the Public Health Service Act (42 U.S.C. terprise Fund, as described in section 5134 of For the many would-be organ recipients, the 273(b)(1)), through which an individual or title 31, United States Code; and consequence of shortage is death. It is clear their family made an organ donation, to sub- (2) the Secretary of the Treasury shall that expanded efforts are necessary in order mit to the OPTN contractor documentation charge such fund with all expenditures relat- supporting the eligibility of that individual ing to the issuance of medals authorized to increase the number of organ donors. or their family to receive a medal described under this Act. According to some researchers, it may be in section 2; and (d) START-UP COSTS.—A 1-time amount not possible to increase by 80 percent the number (2) determine, through the documentation to exceed $55,000 shall be provided to the of organ donations in the United States provided, and, if necessary, independent in- OPTN contractor to cover initial start-up through incentive programs and public edu- vestigation, whether the individual or family costs. The amount will be paid back in full cation. A congressional medal recognizing do- is eligible to receive a medal described in within 3 years of the date of the enactment of this Act from funds received under sub- nors and their families can play a very impor- section 2. SEC. 4. PRESENTATION. section (a). tant and effective role in our efforts to encour- (e) NO NET COST TO THE GOVERNMENT.—The (a) DELIVERY TO THE SECRETARY OF HEALTH age such donation. Secretary of the Treasury shall take all ac- AND HUMAN SERVICES.—The Secretary of the Our proposed Gift of Life Medal Program tions necessary to ensure that the issuance Treasury shall deliver medals struck pursu- will be administered by the regional organ proof medals authorized under section 2 results ant to this Act to the Secretary of Health in no net cost to the Government. curement organizations [OPO's] and managed and Human Services. SEC. 9. DEFINITIONS. by the entity administering the organ procure- (b) DELIVERY TO ELIGIBLE RECIPIENTS.—The For purposes of this Act— ment and transplantation network. Once the Secretary of Health and Human Services (1) the term ‘‘organ’’ means the human decision to donate an organ has been made, shall direct the OPTN contractor to arrange kidney, liver, heart, lung, pancreas, and any the donor or the family member of the donor for the presentation to the relevant organ other human organ (other than corneas and will be asked by the regional OPO whether procurement organization all medals struck eyes) specified by regulation of the Sec- participation in the Gift of Life Medal Program pursuant to this Act to individuals or fami- retary of Health and Human Services or the lies that, in accordance with section 3, the OPTN contractor; and is desired. OPTN contractor has determined to be eligi- The OPO will give each donor or family (2) the term ‘‘Organ Procurement and ble to receive medals under this Act. Transplantation Network’’ means the Organ member the option of receiving a gift of life (c) LIMITATION.— Procurement and Transplantation Network medal, recognizing that some may not want to (1) IN GENERAL.—Except as provided in established under section 372 of the Public participate. If requested, a public presentation paragraph (2), only 1 medal may be presented Health Service Act (42 U.S.C. 274). will be made to honor the donor. A presen- to a family under subsection (b). Such medal SEC. 10. SUNSET PROVISION. tation by a local official, community leader or shall be presented to the donating family This Act shall be effective during the 2- Member of Congress would be a tremendous member, or in the case of a deceased donor, year period beginning on the date of the en- to the family member who signed the con- opportunity to increase the awareness con- actment of this Act. sent form authorizing, or who otherwise au- f cerning the desperate need for organ dona- thorized, the donation of the organ involved. tion. (2) EXCEPTION.—In the case of a family in TOWARD A BETTER SYSTEM OF Every action has been taken to ensure that which more than 1 member is an organ DIPLOMATIC IMMUNITY the issuance of the gift of life medals results donor, the OPTN contractor may present an in no net cost to the Government. In addition, additional medal to each such organ donor or HON. DAVID DREIER I am proud to report that the legislation has their family. OF CALIFORNIA the strong support of the United Network for SEC. 5. DUPLICATE MEDALS. IN THE HOUSE OF REPRESENTATIVES Organ Sharing [UNOS] and the Coalition on (a) IN GENERAL.—The Secretary of Health Donation. and Human Services or the OPTN contractor Wednesday, April 23, 1997 may provide duplicates of the medal de- Any one of us, or any member of our fami- scribed in section 2 to any recipient of a Mr. DREIER. Mr. Speaker, earlier this year, lies, could need a life saving transplant tomor- medal under section 4(b), under such regula- here in our Nation's Capital, a young woman row. We would then be placed on a waiting list tions as the Secretary of Health and Human was killed in a car accident. This tragedy brief- to await our turnÐor our death. Services may issue. ly became the subject of national news be- So, I ask that our colleagues help bring an (b) LIMITATION.—The price of a duplicate cause the offending driver was a diplomat of end to waiting lists and recognize the enor- medal shall be sufficient to cover the cost of the Republic of Georgia, and the driver was mous faith and courage displayed by organ such duplicates. allegedly driving drunk. Thus, a horrible situa- donors and their families. Please join us as SEC. 6. NATIONAL MEDALS. tion for the young woman's family became the cosponsors of The Gift of Life Congressional The medals struck pursuant to this Act are focal point for an ad hoc rethinking of the Medal Act of 1997. These donors offer others national medals for purposes of section 5111 issue of diplomatic immunity, and the reason- of title 31, United States Code. a second chance by providing the most pre- able expectation of most Americans that dip- SEC. 7. GENERAL WAIVER OF PROCUREMENT lomats and their families should not be ab- cious gift imaginableÐthe gift of life. REGULATIONS. solved of all personal responsibility for criminal The bill is as follows: No provision of law governing procurement H.R.— or public contracts shall be applicable to the actions. Be it enacted by the Senate and House of Rep- procurement of goods or services necessary Diplomatic immunity unquestionably plays resentatives of the United States of America in for carrying out the provisions of this Act. an important role in foreign relations between Congress assembled, SEC. 8. SOLICITATION OF DONATIONS. nations. I firmly believe that American dip- SECTION 1. SHORT TITLE. (a) IN GENERAL.—The Secretary of the lomats, their staffs and their families must be This Act may be cited as the ‘‘Gift of Life Treasury may enter into an agreement with shielded from abusive prosecution abroad by Congressional Medal Act of 1997’’. the OPTN contractor to collect funds to off- strict adherence to the international rule of law April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E729 upon which diplomatic immunity is based. In SMITH, the chairman of the International Rela- advance democracy, human dignity, and reli- the United States, the same principles must tions Committee's Subcommittee on Inter- gious freedom worldwide. apply to those associated with diplomatic mis- national Operations and Human Rights for in- Best wishes for a successful convention. sions here in Washington, at the United Na- corporating the provisions of H.R. 1236 into BILL CLINTON. tions in New York City, and at consulates in H.R. 1253, the Foreign Relations Authorization California and throughout our country. Act for fiscal years 1998 and 1999, which was f While the concept of diplomatic immunity re- reported out of the subcommittee on April 9. mains an important underpinning of peaceful This legislative effort may be of little comfort PRESERVING OUR COUNTRY’S IM- diplomacy, it is time, with the exponential to the victims of that serial rapist or to the PORTANT NATURAL AND REC- growth of the diplomatic corps, that we reex- families of those killed by drunken drivers who REATIONAL RESOURCES amine the procedures and policies implicit in have not been called to account in any nation, the doctrine of diplomatic immunity. In short, but I believe it is a step in the right direction. HON. BRAD SHERMAN while diplomats cannot be held hostage by for- The Congress should know when and where OF CALIFORNIA eign governments through criminal prosecution these incidents occur. The Congress and the IN THE HOUSE OF REPRESENTATIVES of themselves, their families or their staffs, that American people should know the disposition does not mean that civilized countries cannot of cases involving American officials overseas Wednesday, April 23, 1997 agree to hold their own diplomatic personnel accused of crimes. I look forward to the Con- Mr. SHERMAN. Mr. Speaker, I rise today to accountable in their own judicial systems. gress moving forward on this issue, to study voice my deep concern that revenues depos- I recently met with a now-retired New York the reports we are requesting from the State ited into the Land and Water Conservation City detective, a highly decorated veteran of Department, and to take the lead globally in Fund [LWCF] are not being spent as they street wars, who attempted to arrest a young exploring how to balance the needs of diplo- should. Congress created this fund many man, the son of a diplomat, who is a serial macy and the demands of a changing society. years ago to pay for the purchase of critical rapist. I recently met with one of that young Again, Mr. Speaker, I commend Chuck Ash- Federal park and recreation lands, but now man's victims, whose life has never fully re- man and Pamela Terracott for their dedicated only spends a small portion of the fund's an- turned to normal. I recently met with rep- research, and thank the victims and those po- nual revenues for this purpose. resentatives of the International Association of lice who have shown such determination to The Land and Water Conservation Fund Chiefs of Police, the National Organization for shed light on abuses. was established in 1965 in order to provide a Victim's Assistance, the National Association f permanent annual funding source for high pri- of Crime Victims Compensation Boards, the ority land investments that would help to con- National Black Police Association, Mothers PRESIDENT BILL CLINTON SENDS serve our Nation's natural resources and en- Against Drunk Drivers, and the National Law GREETINGS TO THE THIRD sure our ability to meet Americans' rec- Enforcement Council. WORLD PARLIAMENTARIANS reational needs. At first the fund's revenues These officers, victims, and advocates were CONVENTION ON TIBET came from proceeds generated by the sales of assembled by constituents of mine in Califor- surplus Federal real property, motorboat fuel nia who are responsible for an important study HON. TOM LANTOS taxes, and fees for recreational use of Federal of cases of diplomatic immunity abuse. In the OF CALIFORNIA lands. Then in 1968, Congress decided to book by veteran journalist Chuck Ashman and IN THE HOUSE OF REPRESENTATIVES substantially increase the LWCF's revenues attorney Pamela Terracott, ``Diplomatic Wednesday, April 23, 1997 by directing into the fund money yielded from Crime'', they document that the majority of Outer Continental Shelf mineral leasing re- criminal acts which trigger the imposition of Mr. LANTOS. Mr. Speaker, today here in ceipts. As a result, Federal returns from the diplomatic immunity claims are committed not the Rayburn House Office Building the Third exploitation of one key natural resource, by Ambassadors or senior ministers, but by World Parliamentarians Convention on Tibet namely mineral products removed from the their lower ranking staff and family members. was held. Among those who spoke during this Outer Continental Shelf areas, are designated They point out that there are cases in which conference were His Holiness the Dalai Lama to conserve other key natural resources, those accused are not only excused but re- and the chairman of the House International namely public parks, wildlife habitats, and main in their duty post or are quickly reas- Relations Committee, our colleague Congress- other recreational resources. signed to another man BENJAMIN A. GILMAN of New York. I commend Chuck and Pamela for their President Bill Clinton sent a message of The LWCF presently receives $900 million dedicated research. I thank victims and police greeting to the parliamentarians of many coun- each year, nearly all of which comes from for their determination to shed light on abuses. tries who were assembled here today. Mr. OCS receipts, and until 1981 the vast majority I appreciate the concern on the part of so Speaker, I am inserting the message of Presi- of the fund's holdings were spent on Federal many significant police and victims support dent Clinton into the RECORD. Our President's land acquisition. However, over the last dec- groups for this issue. powerful affirmation of the importance of ade and a half, Congress has allocated less Mr. Speaker, as I mentioned, the tragic human rights is an important statement that I and less LWCF money for its intended pur- death of a young woman at the hands of a urge all of my colleagues to read: pose and has, instead, used the fund to offset drunk driver forced the issue of diplomatic im- THE WHITE HOUSE, the Federal deficit. Though in fiscal year 1978 munity back to the front pages earlier this Washington, April 17, 1997. over $800 million was directed from the LWCF year. In that one case, the government of the Warm greetings to everyone gathered in to buy land, in fiscal year 1997 only $149 mil- Washington, D.C., for the Third World Par- accused has waived his immunity and allowed lion, or 14 percent, of the LWCF was allocated liamentarians Convention on Tibet. I am to buy park and recreational property. Since American procedures for justice to move pleased to welcome all the participants, and ahead. What is most significant about that de- especially His Holiness the Dalai Lama, such small percentages of the fund have been cision is how unique it is in the field. In fact, whose devotion to the Tibetan people and in- used to buy land in recent years, the unspent the knee jerk reaction of most nations, includ- spiring advocacy of nonviolence and dialogue revenues have accumulated and now total ing the United States, is to recall those ac- have earned the world’s lasting admiration. more than $11 billion. cused of crimes before there is any determina- All Americans cherish the rights guaran- While we wait to balance the budget, we are teed to us by our founders in the Constitu- losing many opportunities to acquire and pro- tions as to the merits of the charges. tion and the Bill of Rights. We have worked It is my view that the growth in the number to extend them not only to our own citizens, tect environmentally sensitive lands and areas of diplomatic personnel, along with media but also to people everywhere, recognizing that are critical to our present and future rec- technology that spreads word of crimes across that these freedoms are the birthright of all reational needs. Many important lands will the country in minutes, creates the potential humankind. It is heartening that, with the soon be lost to real estate development and for public outrage that could threaten the en- growth and development of the human rights industrial uses, and unless we purchase them tire system of diplomatic immunity sometime in movement, there has been a greater aware- now, we will never have another opportunity to the future. Therefore, I believe that now is the ness and appreciation that such rights are preserve them. time for Congress to begin an effort to seri- universal and not limited by political bound- In honor of Earth Day, I would like to call on aries. ously investigate how to improve and protect We must continue to speak out whenever Congress to allocate this year's LWCF reve- diplomatic immunity. I recently introduced leg- human rights are threatened or denied, and I nues for their intended purpose, to preserve in islation, H.R. 1236, to get that process under- am grateful for the continuing efforts of public ownership our country's most important way. I would like to thank Congressman CHRIS leaders like you, who have done so much to natural and recreational resources. E730 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 REMEMBERING JOHN JENSEN has studied at the National Training Labora- PERSONAL EXPLANATION tories of Applied Behavioral Science, where he HON. MICHAEL N. CASTLE focused on educational training for consultants HON. NORMAN D. DICKS OF DELAWARE and applied behavioral science and social OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES change. He has taught at all educational lev- IN THE HOUSE OF REPRESENTATIVES els: Elementary, junior high, senior high, un- Wednesday, April 23, 1997 Wednesday, April 23, 1997 dergraduate, and graduate. This year will mark Mr. CASTLE. Mr. Speaker, I rise today to the 120th doctoral dissertation that Jack has Mr. DICKS. Mr. Speaker, last Thursday, I extend my sincerest condolences to the fam- chaired to successful completion at the Uni- was unavoidably absent for rollcall vote No. ily, friends, and coworkers of John Jensen. An versity of Miami. Jack Croghan also distin- 85, an amendment in the nature of a substitute to H.R. 400, the Twenty-First Century employee for 20 years at the Amtrak facility in guished himself as the chairman of the depart- Patent Improvement Act. If I had been present Wilmington, DE, John Jensen lost his life in a ment of educational and psychological studies I would have voted ``no.'' senseless tragedy. He leaves behind his beat the University of Maimi. He also trains su- f loved wife of 16 years Bonnie, 14-year-old pervisors and managers in the university's daughter Virginia, father Miller, and brother leadership development program. RESOLUTION OF WELCOME TO HIS James. Jack was involved in the research studies HOLINESS, THE DALAI LAMA OF John Jensen was a family man who found that helped develop the Florida principal com- TIBET time to coach a little league girl's softball petencies which are now used in all 67 Florida team, and took pleasure in boating and fish- counties to train school principals. He played HON. TOM LANTOS ing. He was a solid member of his community, a key role as a master trainer in the assess- OF CALIFORNIA and well respected by his neighbors as a ment of competencies. His strong commitment IN THE HOUSE OF REPRESENTATIVES friend. to improving our school system has affected Wednesday, April 23, 1997 Mr. Speaker, as many of my colleagues the lives of fellow educators and students Mr. LANTOS. Mr. Speaker, today, the Mem- who rely on Amtrak service can attest, the em- alike. Jack's exceptional service and commit- bers of the Congress have had the honor and ployees of Amtrak are in many ways a family. ment to enhancing education is greatly appre- pleasure of meeting with His Holiness the The long hours that these individuals spend ciated by all. In addition to his many years as Dalai Lama of Tibet at a reception in his honor ensuring that millions of Americans across our an educator, he has found time to serve as a country have safe and efficient rail transpor- sponsored by the Congressional Human charter member of the Florida Council on Edu- Rights Caucus. Our distinguished colleague, tation results in a bond of kinship. cational Management. While there are many questions left unan- Congressman JOHN EDWARD PORTER and I, as swered in the wake of tragic events in Wil- Jack Croghan is an excellent role model for cochairmen of the Congressional Human mington, what is certain is that the Amtrak our youth. On behalf of our entire community Rights Caucus, had the honor of hosting this family has lost a valued member. John Jensen and as a former educator myself, I offer him reception, at which our colleagues had the was a foreman universally respected by his my deepest thanks for his many years of dedi- pleasure of meeting the Dalai Lama. I am delighted to report to our colleagues coworkers as a dedicated, conscientious, and cated service and our best wishes for contin- that His Holiness met today with President well-liked member of the facility. He will be ued success. Clinton, and he also had the opportunity to painfully missed by his colleagues for a long f meet today with the Speaker of the House, time to come. our colleague from Georgia, NEWT GINGRICH. John Jensen was a man of fine character, BURMA SANCTIONS AT LAST Mr. Speaker, the occasion for our reception great perseverance, and true kindness. While was a historic anniversary. In 1987Ð10 years I know no words can lessen the pain felt by ago this yearÐHis Holiness the Dalai Lama the Jensen family and the Wilmington commu- HON. ELIZABETH FURSE met with the members of the Congressional nity, it is my hope that from this tragedy some OF OREGON Human Rights Caucus. This was the Dalai good will come, it is my hope that John Jen- Lama's first such political meeting in Washing- sen's memory will inspire others to live as he IN THE HOUSE OF REPRESENTATIVES ton, DC, with Members of Congress. On this didÐdedicated to his family, involved in his Wednesday, April 23, 1997 important occasion 10 years ago, he pre- community, and committed to his work. sented his five-point peace plan for Tibet for Mr. Speaker, I want to conclude by extend- Ms. FURSE. Mr. Speaker, I congratulate the the first time in public. This is an outstanding ing my hopes and best wishes for a speedy Clinton administration for its announcement proposal for the nonviolent resolution of dif- recovery to Jonathan Fedora and John Morri- yesterday to impose new sanctions on Burma. ferences between the people of Tibet and the son, two dedicated Amtrak employees who This is absolutely the right thing to do in the Government of China. This five-point peace were needlessly wounded during this tragic face of growing oppression of the Burmese plan for Tibet was an important proposal that event. Hopefully, both Mr. Fedora and Mr. people at the hands of Burma's State Law and was a significant element in the decision of Morrison will be returning to work in the very Order Restoration Council. the Norwegian parliamentary committee to near future. This is an important message to other na- award the Nobel Peace Prize to the Dalai f tions considering further investment in a nation Lama in 1989. with a repressive military junta illegally govern- It is most fitting and appropriate, Mr. Speak- HONORING JACK CROGHAN FOR er, that we here in the Congress mark the FORTY-TWO YEARS OF OUT- ing it. The imposition of sanctions will facilitate a dialog with those who are seeking democ- 10th anniversary of the Dalai Lama's important STANDING AND CONTINUED visit here 10 years ago. I regret to note that SERVICE AS AN EDUCATOR racy and will help to make 1997 a year of change. This could be the year the SLORC's despite the excellent proposals made by His power is broken. Holiness, Chinese Government authorities have adamantly refused to negotiate seriously HON. CARRIE P. MEEK I have written to Secretary of State Mad- OF FLORIDA to resolve the problems regarding Tibet. It is eleine Albright to encourage her to pursue also tragic that the Government of China con- IN THE HOUSE OF REPRESENTATIVES these sanctions with all due vigor, and to continues to carry out policies that threaten the Wednesday, April 23, 1997 sider other options which may be necessary in unique and important religious and historical order to restore true law and order to this be- Mrs. MEEK of Florida. Mr. Speaker, it is my cultural traditions of the Tibetan people. great pleasure to join Mr. Jack Croghan's fam- leaguered country. The tragic human rights violations in Tibet, ily, friends, coworkers, and students in rec- In February, prodemocracy leader Aung San which we highlighted 10 years ago, continue ognizing his 42 years of outstanding and con- Suu Kyi called on the rest of the world to to remain a serious problem. The Tibetan peo- tinuous service to our community. We con- block investment in her country. United States ple are still subject to persecution and the Chi- gratulate Mr. Croghan for his contributions as sanctions are an urgently-needed step in the nese Government continues to repress the Ti- an educator, a role model, and a mentor who struggle being waged by Aung San Suu Kyi betan people. has helped shape the lives of thousands of and so many others in Burma. I have had a Mr. Speaker, in honor of the visit of His Ho- young people in our community. long-time interest in this issue and I urge my liness here to the Congress, with my col- Mr. Croghan earned his Ph.D in administra- colleagues to join me in advocating for democ- league, JOHN EDWARD PORTER, I have intro- tion at Syracuse University. Since then, he racy there. duced a resolution welcoming the Dalai Lama. April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E731 I ask that the full text of our resolution be she held until 1996. She led Los Angeles one of the most significant forces behind Con- placed in the RECORD. teachers through a tumultuous period in which gress' and the administration's renewed inter- H. RES. 124 they experienced efforts to break up the est and support for basic science and tech- Whereas on September 21, 1987, the Dalai school system, efforts to cut funding for teach- nology funding. Lama visited the United States Congress at ers, and internal strife. She faced these obsta- Before coming to the University of Penn- the invitation of the Congressional Human cles in the only way she knew how, head on. sylvania, Mr. Morse worked on Capitol Hill for Rights Caucus and publicly presented his Helen was never one to shy away from con- over 10 years; first, as a professional staff Five Point Peace Plan for Tibet for the first flict or adversity, as she had a way of embrac- member for higher education and cultural af- time; Whereas on December 11, 1989, the Dalai ing these issues and quickly bringing the de- fairs on the staff of former Senator Robert Lama was awarded the Nobel Peace Prize in bate back to her focusÐthe welfare of the Stafford of Vermont, then-chairman of the recognition of the Five Point Peace Plan for children. Colleagues of Helen consistently Senate Subcommittee on Education, Arts and Tibet and his consistent principled resist- comment on both her courage of conviction Humanities, and later in a similar capacity on ance to the use of force or violence; and her unwavering commitment to the goal of the staff of former Senator Jacob Javits, of Whereas on this, the tenth anniversary of improving schools for the children of Los An- New York. In 1981, Mr. Morse took a leave the presentation of the Dalai Lama’s Five from his Senate position to serve as Director Point Peace Plan, the government of the geles. People’s Republic of China has yet to enter Last year Helen stepped down as president of the President's Task Force on the Arts and into serious discussions, without pre- of UTLA, but remained active in the effort to Humanities, which recommended an en- conditions, with the Dalai Lama or his rep- reform our schools. She became director of hanced Federal role in support of cultural ac- resentatives, in spite of repeated calls from the Teacher Union Reform Network a tivities. the United States and other governments to multistate project designed to coordinate var- Penn has begun a search for a successor to do so; ious school reforms and improve student Mr. Morse, but it will not be easy for anyone Whereas the government of the People’s achievement. In addition, Helen had recently to fill his shoes. Mr. Speaker, in light of Mr. Republic of China continues to carry out policies that threaten the existence of Ti- taken a position as an education adviser to Morse's career-long commitment to improving bet’s unique religious, cultural and linguistic Mayor Riordan, in an effort to increase his role higher education and for his successful lobby- traditions, despite urging from the United in school reform. ing of Congress to achieve these ends, I ask States and other governments that the Peo- Indeed Helen Bernstein's life and work have that my colleagues join me in honoring Mr. ple’s Republic of China take measures to re- left an indelible mark on the Los Angeles pub- Morse on the occasion of his departure from spect these unique traditions; lic school system. Her legacy was best stated the University of Pennsylvania, and wishing Whereas the Dalai Lama’s first visit to in a recent Los Angeles Times editorial, him luck in his new position as director of pub- Taiwan in March 1997 and his message of tol- ``Bernstein stood for higher academic stand- lic affairs at the Pew Charitable Trusts. erance and non-violence resonated among millions of people in Taiwan; and ards and more emphasis on discipline and f Whereas His Holiness the XIV Dalai Lama student testing. She saw the teachers as the of Tibet will be visiting Washington, D.C., in key to higher standards and would stop at HONORING EILEEN GOODWIN April 1997: Now, therefore, be it nothing to make that point. .. .'' Resolved by the House of Representatives (the Recently Ms. Bernstein passed away, leav- HON. ZOE LOFGREN Senate concurring) that the Congress, ing our community with a great loss. Her life- OF CALIFORNIA (1) warmly welcomes His Holiness the XIV Dalai Lama of Tibet to the United States; long work on behalf of our educational system IN THE HOUSE OF REPRESENTATIVES (2) urges the President to meet with His will not be soon forgotten. Ms. Bernstein Wednesday, April 23, 1997 Holiness the Dalai Lama during his visit to served as a voice of those often left voiceless, discuss substantive issues; the students of Los Angeles. We will miss her Ms. LOFGREN. Mr. Speaker, I rise today in (3) requests the President to continue to greatly. recognition of Ms. Eileen Goodwin, who since urge the Government of the People’s Repub- f 1993 has served as executive director of the lic of China to meet with the Dalai Lama or Santa Clara County Traffic Authority. his representatives, without preconditions, A TRIBUTE TO DAVID MORSE OF The Santa Clara County Traffic Authority to discuss a solution to the impasse in their THE UNIVERSITY OF PENN- was established in 1984 by the voters of relations; and (4) requests His Holiness the Dalai Lama to SYLVANIA Santa Clara County, who approved a half-cent communicate to the Tibetan people that the sales tax to bring much needed road improve- Congress and the American people support HON. THOMAS M. FOGLIETTA ments to Silicon Valley. Known as measure A, them in their struggle to preserve Tibetan OF PENNSYLVANIA this highly successful road improvement pro- identity and to protect and exercise their IN THE HOUSE OF REPRESENTATIVES gram helped to preserve Silicon Valley's eco- freedoms. nomic viability and quality of life. f Wednesday, April 23, 1997 The role Ms. Goodwin played in ensuring A TRIBUTE TO HELEN BERNSTEIN Mr. FOGLIETTA. Mr. Speaker, I rise today the success of this program, first as deputy di- to pay tribute to Mr. David Morse, who for 14 rector of the Traffic Authority and then as ex- years has been the voice of the University of ecutive director, cannot be overstated. During HON. BRAD SHERMAN Pennsylvania in its communications with Con- Ms. Goodwin's tenure, the Traffic Authority OF CALIFORNIA gress and the Federal Government. During his built 18 miles of new freeway and improved 40 IN THE HOUSE OF REPRESENTATIVES years in Washington, Mr. Morse has become miles of existing freeway. This monumental Wednesday, April 23, 1997 a leading expert on issues relating to the fi- $1.2 billion public works project was not only Mr. SHERMAN. Mr. Speaker, I rise today to nancing of higher education. In addition to his completed on time and within budget, but at mourn the loss of a valuable member of our official duties for the University of Pennsylva- each stage of development Ms. Goodwin went community, Helen Bernstein. Ms. Bernstein nia, Mr. Morse has utilized his knowledge of to great lengths to make sure that the public's leaves a lifetime of work and dedication on be- these issues to the benefit of others, chairing concerns were taken into consideration and half of our children's education. committees and working groups for the Con- addressed. Helen completed her undergraduate edu- sortium on Financing Higher Education, and Ms. Goodwin's skill, vision, and unsur- cation at UCLA, going on to do her graduate the Association of American Universities. passed professionalism have earned her the work in psychology at California State Univer- Mr. Morse has long been a strong pro- respect of her peers in both the private and sity Northridge. She then began her career as ponent of funding for university-based science public sector. She is recognized as one of teacher. Teaching at both the junior high and and technology research. Since 1995, Morse Santa Clara County's most distinguished pub- high school levels, she quickly earned a rep- has been one of the major forces behind the lic administrators. The replication of measure utation among students and her colleagues as Science Coalition, a Washington-based group A by counties throughout California is a further an outstanding educator. Although she thrived of more than 400 universities, scientific and testament to her outstanding leadership quali- on the direct daily interaction with the children, engineering societies, corporations, Nobel ties. her natural leadership abilities eventually led Laureates and other prominent individuals or- Mr. Speaker, on March 31, 1997, the Santa her to taking a more active role in the teaching ganized in support of a strong Federal com- Clara County Traffic Authority terminated its community. mitment to university-based research. As a re- operations. Today I ask my colleagues in the In 1990 she was elected president of United sult of Morse's and others vigorous advocacy, House of Representatives to join me in rec- Teachers of Los Angeles [UTLA], a position the coalition has been cited in the media as ognizing Ms. Goodwin for her extraordinary E732 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 service to the residents of Santa Clara Coun- I would like my colleagues in Congress to the administration's decision post facto, from ty. join me in recognizing Ms. Margot Carlson and Turkey's Foreign Minister, who announced it f the Gang Victim Assistance Program of Or- at a May 21, 1995, press conference. The ange County, CA. Their contributions to the waiver had actually been signed on May 16. MARGOT CARLSON 1997 NATIONAL Orange County community have been invalu- This year, President Clinton, having learned CRIME VICTIM SERVICE AWARD able and inspiring. I commend the Department his lesson and seeking to blunt criticism, at RECIPIENT of Justice and Attorney General Janet Reno least gave Congress advance notification. for honoring them with the Crime Victims President Clinton's graciousness in 1997 HON. LORETTA SANCHEZ Service Award. does not, however, compensate for maintain- OF CALIFORNIA f ing a bad policy. The arguments in the admin- IN THE HOUSE OF REPRESENTATIVES istration's memorandum of justification for the Wednesday, April 23, 1997 PRESIDENT WAIVES CORRIDOR ACT YET AGAIN waiver, neither individually or collectively, can Ms. SANCHEZ. Mr. Speaker, I would like to explain away turning a blind eye to Ankara's take this time to honor the Gang Victim Assist- flouting of basic principles of civilized behavior ance Program and its executive director, Mar- HON. CHRISTOPHER H. SMITH in the international community. True, Turkey got Carlson. This unique program from Or- OF NEW JERSEY has ethnic ties to Azerbaijan, and is a NATO ange County, CA started as a project of Com- IN THE HOUSE OF REPRESENTATIVES ally, and the United States cooperates with munity Service Programs, Inc. The Gang Vic- Wednesday, April 23, 1997 Turkey on a spectrum of issues. But as I said tim Assistance Program and Ms. Carlson were when I introduced the Humanitarian Aid Cor- Mr. SMITH of New Jersey. The State De- honored with a Crime Victim Service Award by ridor Act in February 1995, it should be an ob- partment has notified the House International Attorney General Janet Reno on Friday, April vious and unobjectionable principle of U.S. as- Relations Committee of the President's inten- 18, 1997. sistance that countries keeping U.S. humani- tion to invoke the national security waiver Last year, the program helped more than tarian aid from reaching third countries should clause of the Humanitarian Aid Corridor Act. 970 victims of gang-related violence and their not receive U.S. aid. Nothing has happened in That law bars U.S. assistance to any country families. Since the launch of the program in the intervening 2 years to change my view on which prohibits or restricts the transport or de- 1990, it has worked closely with the Orange this subject. However close Turkey may be to livery of U.S. humanitarian assistance to other County district attorney's gang unit by provid- Azerbaijan, Turkey is not a party to the countries. The national security clause allows ing support to victims and witnesses through Nagorno-Karabakh conflict. There is simply no the President to waive the implementation of the investigation and prosecution of each case reason for Ankara to block the delivery of Unit- the law on the grounds of U.S. national secu- of gang-related violence. The nonprofit human ed States humanitarian aid to Armenia. More- rity interests. service organization is comprised of eight over, as a member of the OSCE, Turkey has bicultural and bilingual victim specialists, ena- The beneficiary of the administration's mu- certain commitments: the 1991 Moscow Docu- bling it to respond to problems that Latino nificence is Turkey, which has refused since ment calls on participating states to ``cooper- crime victims face when confronted by gang 1993 to let United States humanitarian aid ate fully to enable humanitarian relief oper- violence. transit its territory to Armenia. Referring to ations to be undertaken speedily and effec- The program's victim specialists are continu- Turkey's ethnic kinship to Azerbaijan, which tively; to take all necessary steps to facilitate ously on call and respond to various situations has been locked in conflict with Armenia over speedy and unhindered access for such relief which include accompanying investigating offi- Nagorno-Karabakh since 1988, and to the oc- operations; [and to] make the necessary ar- cers to the crime scene, delivering death noti- cupation of Azerbaijani territory by Nargorno- rangements for those relief operations to be fications, assessing crime victims' safety and Karabakh Armenians, Ankara has closed all carried out.'' emergency needs, and providing referrals to land routes to Armenia. The opening of an air support agencies. These situations utilize the corridor in 1995 has in no way mitigated the The administration's memorandum of jus- victim specialists' training in victim support and impact of this decision, which forces United tification is a poor attempt to defend the inde- counseling. This program has been so suc- States aid to transit Georgia. fensible. Turkey is impeding the delivery of our cessful that the Department of Justice's Office Last year, President Clinton also invoked humanitarian aid to refugees. That policy is for Victims of Crime is creating a protocol the national security waiver clause of the Hu- unacceptable. So is the administration's policy based upon gang victim assistance for other manitarian Aid Corridor Act, without bothering of refusing to confront Ankara on this fun- communities needing similar programs. to inform Congress in advance. We learned of damental issue. April 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E733 SENATE COMMITTEE MEETINGS 3:00 p.m. tration, Department of Health and Judiciary Human Resources. Title IV of Senate Resolution 4, To hold hearings on the nomination of SD–124 agreed to by the Senate on February 4, Joel I. Klein, of the District of Colum- Armed Services 1977, calls for establishment of a sys- bia, to be an Assistant Attorney Gen- Readiness Subcommittee tem for a computerized schedule of all eral. To resume hearings on S. 450, the Na- meetings and hearings of Senate com- SD–226 tional Defense Authorization Act for mittees, subcommittees, joint commit- Fiscal Years 1998 and 1999, focusing on tees, and committees of conference. APRIL 30 the Department of Defense Depot 9:30 a.m. maintenance privatization initiatives. This title requires all such committees SR–222 to notify the Office of the Senate Daily Labor and Human Resources To hold hearings on equal opportunity is- 11:30 a.m. Digest—designated by the Rules Com- sues in Federal construction. Judiciary mittee—of the time, place, and purpose SD–430 Immigration Subcommittee of the meetings, when scheduled, and Rules and Administration To hold oversight hearings on the Immi- any cancellations or changes in the To resume hearings to discuss revisions gration and Naturalization Services, meetings as they occur. to Title 44, relating to the operations focusing on criminal record verifica- of the Government Printing Office. tion process for citizenship applicants. As an additional procedure along SH–216 with the computerization of this infor- SR–301 10:00 a.m. 2:00 p.m. mation, the Office of the Senate Daily Appropriations Appropriations Digest will prepare this information for Defense Subcommittee VA, HUD, and Independent Agencies Sub- printing in the Extensions of Remarks To hold hearings on proposed budget es- committee section of the CONGRESSIONAL RECORD timates for fiscal year 1998 for the De- To hold hearings on proposed budget es- on Monday and Wednesday of each partment of Defense, focusing on the timates for fiscal year 1998 for the De- partment of Veterans Affairs. week. structure and modernization of the Na- tional Guard. SD–138 Meetings scheduled for Thursday, Select on Intelligence April 24, 1997, may be found in the SD–192 Judiciary To hold closed hearings on intelligence Daily Digest of today’s RECORD. To hold hearings to examine the oper- matters. SH–219 MEETINGS SCHEDULED ations of the Department of Justice. SD–226 2:00 p.m. MAY 5 APRIL 25 Commerce, Science, and Transportation 2:30 p.m. 9:30 a.m. Science, Technology, and Space Sub- Energy and Natural Resources Labor and Human Resources committee To hold hearings on S. 430, to amend the Public Health and Safety Subcommittee To hold hearings on the use of ‘‘Telepres- Act of June 20, 1910, to protect the per- To hold hearings to examine how the ence’’, the enabling technology for manent trust funds of the State of New United States’ health care workforce telemedicine and distance learning. Mexico from erosion due to inflation must evolve to meet future needs. SR–253 and modify the basis on which distribu- SD–430 Governmental Affairs tions are made from those funds. Oversight of Government Management, Re- SD–366 APRIL 28 structuring and the District of Colum- 10:00 a.m. bia Subcommittee MAY 6 Judiciary To hold hearings on fighting crime and 9:30 a.m. To hold hearings on pending nomina- violence in the District of Columbia. Appropriations tions. SD–342 VA, HUD, and Independent Agencies Sub- SD–226 2:30 p.m. committee Select on Intelligence To hold hearings on proposed budget es- APRIL 29 To hold closed hearings on intelligence timates for fiscal year 1998 for the Na- 9:30 a.m. matters. tional Aeronautics and Space Adminis- Energy and Natural Resources SH–219 tration. To hold oversight hearings to review a SD–138 GAO evaluation of the development of MAY 1 2:00 p.m. the Draft Tongass Land Management 9:00 a.m. Appropriations Plan. Appropriations Foreign Operations Subcommittee SD–366 Interior Subcommittee To hold hearings on proposed budget es- Indian Affairs To hold hearings on proposed budget estimates for fiscal year 1998 for foreign Business meeting, to mark up S. 459, to timates for fiscal year 1998 for the De- assistance programs, focusing on Rus- authorize funds for and extend the Na- partment of the Interior. sia and the Newly Independent States. tive American Programs Act of 1974; to SD–192 S–128, Capitol be followed by an oversight hearing on 9:30 a.m. the implementation of the San Carlos Energy and Natural Resources MAY 7 Water Rights Settlement Act of 1991 National Parks, Historic Preservation, and 9:15 a.m. (P.L. 102–575). Recreation Subcommittee Appropriations SR–485 To hold hearings on S. 357, to authorize Labor, Health and Human Services, and Special on Aging the Bureau of Land Management to Education Subcommittee To hold hearings to examine the chronic manage the Grand Staircase-Escalante To hold hearings on proposed budget es- health care delivery system. National Monument. timates for fiscal year 1998 for cancer SH–216 SD–366 research programs of the Department 10:00 a.m. Labor and Human Resources of Health and Human Services. Labor and Human Resources Public Health and Safety Subcommittee SH–216 To hold hearings on proposed legislation To hold hearings to examine biomedical 10:00 a.m. authorizing funds for the National En- research priorities. Appropriations dowment for the Arts and the Human- SD–430 Defense Subcommittee ities, National Foundation on the Arts Small Business To hold hearings on proposed budget es- and the Humanities. To hold hearings on the Small Business timates for fiscal year 1998 for the De- SD–430 Administration’s finance programs. partment of Defense. 2:00 p.m. SR–428A SD–192 Environment and Public Works 10:00 a.m. Appropriations Clean Air, Wetlands, Private Property, and Appropriations Transportation Subcommittee Nuclear Safety Subcommittee Agriculture, Rural Development, and Re- To hold hearings on proposed budget es- To resume hearings to examine ozone lated Agencies Subcommittee timates for fiscal year 1998 for the De- and particulate matter standards pro- To hold hearings on proposed budget es- partment of Transportation, focusing posed by the Environmental Protection timates for fiscal year 1998 for the on transportation infrastructure fi- Agency. Commodity Futures Trading Commis- nancing issues. SD–406 sion, and the Food and Drug Adminis- SD–124 E734 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1997 MAY 8 MAY 22 risks of restructuring to consumers 9:30 a.m. 9:30 a.m. and communities. Energy and Natural Resources Energy and Natural Resources SH–216 To hold a workshop to examine competi- To resume a workshop to examine com- tive change in the electric power indus- petitive change in the electric power try, focusing on the effects of competi- industry, focusing on the financial im- CANCELLATIONS tion on fuel use and types of genera- plications of restructuring. tion. SH–216 SH–216 APRIL 24 JUNE 4 2:00 p.m. MAY 14 10:00 a.m. Finance 10:00 a.m. Appropriations To hold hearings on the 1997 Annual Re- Appropriations Defense Subcommittee ports on the Status of the Social Secu- Defense Subcommittee To hold hearings on proposed budget es- rity and Medicare Trust Funds. To hold hearings on proposed budget estimates for fiscal year 1998 for the De- SD–215 timates for fiscal year 1998 for the De- partment of Defense. Select on Intelligence partment of Defense, focusing on envi- SD–192 To hold closed hearings on intelligence ronmental programs. matters. SD–192 JUNE 11 SH–219 MAY 21 10:00 a.m. Appropriations 10:00 a.m. Defense Subcommittee Appropriations POSTPONEMENTS To hold hearings on proposed budget es- Defense Subcommittee timates for fiscal year 1998 for the De- To hold hearings on proposed budget es- APRIL 24 partment of Defense. timates for fiscal year 1998 for the De- 9:00 a.m. partment of Defense, focusing on Air SD–192 Agriculture, Nutrition, and Forestry Force programs. To hold hearings on U.S. agricultural ex- SD–192 JUNE 12 Judiciary 9:30 a.m. port issues. To hold oversight hearings on the Fed- Energy and Natural Resources SR–332 eral Bureau of Investigation, Depart- To resume a workshop to examine comment of Justice. petitive change in the electric power SD–226 industry, focusing on the benefits and Wednesday, April 23, 1997 Daily Digest Senate amend the Convention to stem the proliferation of Chamber Action chemical weapons. Routine Proceedings, pages S3467–S3566 (5) To require the President to certify to congress Measures Introduced: Ten bills and two resolu- that compliance with the Convention is effectively tions were introduced, as follows: S. 631–640 and verifiable. Pages S3486±92 S.J. Res. 26 and 27. Page S3550 Senate will continue consideration of the Treaty on Thursday, April 24, 1997, in open and closed Chemical Weapons Convention: Pursuant to the session. order of Thursday, April, 17, 1997, the Committee on Foreign Relations was discharged from further Communications: Pages S3548±50 consideration of the Convention on the Prohibition Statements on Introduced Bills: Pages S3550±59 of Development, Production, Stockpiling and Use of Additional Cosponsors: Pages S3559±61 Chemical Weapons and on Their Destruction, opened for signature and signed by the United States Notices of Hearings: Page S3561 at Paris on January 13, 1993 (Treaty Doc. 103–21), Authority for Committees: Page S3561 and the Senate began consideration thereon as having Additional Statements: Pages S3561±66 passed through its various parliamentary stages, up Adjournment: Senate convened at 10 a.m., and ad- to and including the presentation of the resolution journed at 7:06 p.m., until 10 a.m., on Thursday, of ratification. Pages S3468±S3545 April 24, 1997. (For Senate’s program, see the re- Also, pursuant to the order of Thursday, April 17, marks of the Acting Majority Leader in today’s 1997, the Committee on Foreign Relations was dis- Record on page S3566.) charged from further consideration of S. Res. 75, to advise and consent to the ratification of the Chemi- cal Weapons Convention, subject to certain condi- Committee Meetings tions, and the Senate began consideration of the resolution as a substitute for the resolution of ratifica- (Committees not listed did not meet) tion. Page S3468, S3486 APPROPRIATIONS—DISTRICT OF During consideration of this measure today, the COLUMBIA Senate took the following actions: Committee on Appropriations: Subcommittee on District Agreed to a motion to reconsider the vote by of Columbia held hearings to examine an additional which S. Res. 75, listed above, was rejected by voice funding request for fiscal year 1997 by the District vote. Page S3486 of Columbia Financial Responsibility and Manage- Agreed to conditions, declarations, statements and ment Assistance Authority for capital improvements understandings, with 5 exceptions, as follows: to District of Columbia public schools and for public (1) Conditions the depositing of the instrument of safety agencies, receiving testimony from Andrew F. ratification on the President’s certification to Con- Brimmer, Chairman, District of Columbia Financial gress of Russia’s elimination of chemical weapons. Responsibility and Management Assistance Author- (2) To require that before depositing the instru- ity; Gen. Julius W. Becton, Jr., (USA, Ret.), Chief ment of ratification, the President certified to Con- Executive Officer/Superintendent, and Gen. Charles gress that countries which have been determined to Williams (USA, Ret.), Chief Operations Officer, have offensive chemical weapons programs have rati- both of the District of Columbia Public Schools; fied or otherwise acceded to the Convention. Larry D. Soulsby, Police Chief, District of Columbia (3) To require the President to exercise the right Metropolitan Police Department; Eugene N. Hamil- to bar certain inspectors. ton, Chief Judge, Superior Court of the District of (4) To require the President to certify to Congress Columbia; and Margaret A. Moore, Director, District that the State Parties have made an agreement to of Columbia Department of Corrections. D372 April 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D373 Subcommittee recessed subject to call. D.C.; Sonny Hall, Transport Workers Union of NATO ENLARGEMENT America, New York, New York, on behalf of the Transportation Trades Rail Labor Division Committee on Armed Services: Committee concluded (AFL–CIO); William Lochte, Bombardier Transit hearings to examine the Administration’s proposal to Corporation, Bensalem, Pennsylvania, on behalf of enlarge the membership of the North Atlantic Trea- the American Passenger Rail Coalition; and Doras ty Organization (NATO), after receiving testimony Briggs, Kensington, California. from Madeleine K. Albright, Secretary of State; and Hearings were recessed subject to call. William S. Cohen, Secretary of Defense. BIENNIAL BUDGETING AND NOMINATIONS APPROPRIATIONS ACT Committee on Commerce, Science, and Transportation: Committee on Governmental Affairs: Committee held Committee concluded hearings on the nominations hearings on S. 261, to provide for a biennial budget of Kerri Ann Jones, of Maryland, and Jerry M. process and a biennial appropriations process and to Melillo, of Massachusetts, each to be an Associate enhance oversight and the performance of the Federal Director of the Office of Science and Technology Government, receiving testimony from Franklin D. Policy, after the nominees testified and answered Raines, Director, Office of Management and Budget; questions in their own behalf. Testimony was also Susan J. Irving, Associate Director, Budget Issues, received on the nominations from John H. Gibbons, Accounting and Information Management Division, Assistant to the President for Science and Tech- General Accounting Office; Louis Fisher, Senior Spe- nology, and Director, Office of Science and Tech- cialist in Separation of Powers, Congressional Re- nology Policy. search Service, Library of Congress; and Charles J. U.S. MANUFACTURING Whalen, Cornell University, Ithaca, New York. Hearings were recessed subject to call. Committee on Commerce, Science, and Transportation: Sub- committee on Manufacturing and Competitiveness GANG VIOLENCE concluded hearings to examine the current state of Committee on the Judiciary: Committee held hearings manufacturing in the United States and prospects for to examine the scope of the interstate spread of gang the future, after receiving testimony from Jerry J. violence, and S. 54, to strengthen the coordinated, Jasinowski, National Association of Manufacturers, cooperative response of federal, state, and local law Charles W. McMillion, MBG Information Services, enforcement needed to combat gang violence, receiv- Andrew H. Card, Jr., American Automobile Manu- ing testimony from Senator Reid; Steven R. Wiley, facturers Association, William T. Archey, American Chief, Violent Crimes and Major Offenders Section, Electronics Association, James F. Collins, Steel Man- Federal Bureau of Investigation, Department of Jus- ufacturers Association, and Edward M. Bolen, Gen- tice; James Mulvihill, Los Angeles County Sheriff’s eral Aviation Manufacturers Association, all of Office, Los Angeles, California; A. James Walton, Washington, D.C.; Kenneth McLennan, Manufactur- Jr., Vermont Department of Public Safety, Water- ers Alliance, Arlington, Virginia; and Russell R. bury; Aaron D. Kennard, Salt Lake County Sheriff’s Coyner, BIFMA International, Grand Rapids, Michi- Office, and Colleen Minson, both of Salt Lake City, gan. Utah. INTERCITY PASSENGER RAIL TRUST FUND Hearings were recessed subject to call. Committee on Finance: Committee held hearings on S. HIGHER EDUCATION AUTHORIZATION: 436, to establish a new Intercity Passenger Rail CAMPUS BASED FINANCIAL AID Trust Fund to be made available for financing cer- PROGRAMS tain capital expenditures of the National Railroad Committee on Labor and Human Resources: Committee Passenger Corporation (Amtrak), and for certain concluded hearings on proposed legislation authoriz- other transportation expenses by States in which ing funds for programs of the Higher Education Act, Amtrak does not provide service, receiving testimony focusing on certain campus based financial aid pro- from Senator Wyden; Thomas M. Downs, Chairman, grams which provide federal funds to participating President and CEO, National Railroad Passenger institutions who then administer the programs rather Corporation (Amtrak); Phyllis F. Scheinberg, Associ- than the Federal Government, and the State Student ate Director, Transportation Issues, Resources, Com- Incentive Grant, after receiving testimony from Ju- munity, and Economic Development Division, Gen- dith N. Flink, University of Illinois, Chicago, on be- eral Accounting Office; Brent Blackwelder, Friends half of the Coalition of Higher Education Assistance of the Earth, and Ross B. Capon, National Associa- Organizations; Scott B. Freedman, New Jersey State tion of Railroad Passengers, both of Washington, Office of Student Assistance, Trenton, on behalf of D374 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1997 the National Association of State Student Grant and INTELLIGENCE Aid Programs; Charles Puls, Dartmouth College, Select Committee on Intelligence: Committee held closed Hanover, New Hampshire, on behalf of the National hearings on intelligence matters, receiving testimony Student Employment Association; and Jane C. from officials of the intelligence community. Sangeloty, University of New Haven, West Haven, Committee will meet again on Wednesday, April Connecticut. 30. h House of Representatives Suspension of the Rules: The House agreed to H. Chamber Action Res. 117, the rule providing for consideration of mo- Bills Introduced: 22 public bills, H.R. 1406–1427; tions to suspend the rules. Page H1719 and 2 resolutions, H. Con. Res. 65 and H. Res. 124, Order of Business: Pursuant to H. Res. 117, Rep- were introduced. Pages H1793±94 resentative Hastings of Washington announced the Reports Filed: Reports were filed as follows: following measures to be considered under suspen- Filed on April 22, 1997, H.R. 1278, to authorize sion of the rules: H. Con. Res. 8, H.R. 39, H.R. appropriations for the activities of the National Oce- 449, H.R. 688, and H.R. 1272. Page H1719 anic and Atmospheric Administration for fiscal years 21st Century Patent System Improvement: The 1998 and 1999, amended (H. Rept. 105–66 Part I); House passed H.R. 400, to amend title 35, United Filed on April 22, 1997, H.R. 1277, to authorize States Code with respect to patents. Pages H1719±42 appropriations for fiscal year 1998 and fiscal year Agreed to the Committee amendment in the na- 1999 for the civilian research, development, dem- ture of a substitute as modified and amended. onstration, and commercial application activities of Page H1742 the Department of Energy (H. Rept. 105–67 Part I); Agreed to: H.R. 449, to provide for the orderly disposal of The Kaptur amendment that exempts small busi- certain Federal lands in Clark County, Nevada, and ness, independent investors, and universities from to provide for the acquisition of environmentally publication of patent application information until sensitive lands in the State of Nevada, amended (H. the patent is granted. Specifies that patent informa- Rept. 105–68); tion can be published before the patent is granted H. Con. Res. 8, expressing the sense of Congress if the data has been made public in foreign coun- with respect to the significance of maintaining the tries, the application has been filed with the Patent and Trademark Office (PTO) for five years or longer health and stability of coral reef ecosystems, amend- and the PTO determines that the public interest ed (H. Rept. 105–69); would be served by publication, or the inventor de- H. Res. 125 providing for consideration of H.R. liberately delays publication of the patent (agreed to 1271, to authorize the Federal Aviation Administra- by recorded vote of 220 ayes to 193 noes, Roll No. tion’s research, engineering, and development pro- 88); Pages H1731±37, H1740±41 grams for fiscal years 1998 through 2000 (H. Rept. Rejected: 105–70); The Campbell amendment that sought to limit H. Res. 126 providing for consideration of H.R. the defense to patent infringement based on prior 1273, to authorize appropriations for fiscal years domestic use, to the actual quantity, volume, or 1998 and 1999 for the National Science Foundation scope of the prior use (rejected by a recorded vote (H. Rept. 105–71); of 185 ayes to 224 noes, Roll No. 86); H. Res. 127 providing for consideration of H.R. Pages H1719±23, H1739±40 1274, to authorize appropriations for the National The Campbell amendment that sought to limit Institute of Standards and Technology for fiscal years the publication of all patent applications until there 1998 and 1999 (H. Rept. 105–72); and have been two Substantive Patent Office actions H. Res. 128 providing for consideration of H.R. since the filing and defined Substantive Patent Of- 1275, to authorize appropriations for the National fice action (rejected by a recorded vote of 167 ayes Aeronautics and Space Administration for fiscal years to 242 noes, Roll No. 87); and Pages H1723±31, H1740 1998 and 1999 (H. Res. 105–73). Page H1793 The Hunter amendment that sought to require that all patent examination and search duties shall April 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D375 be performed within the United States by U.S. citi- lishment of the ethics task force, made in order dur- zens who are employees of the U.S. Government; re- ing the period beginning immediately and ending quire patent examiners to spend five percent of their on April 11, 1997: (1) the Committee on Standards duty time per annum in examiner training, estab- of Official Conduct may not receive, renew, initiate, lishes an incentive program to retain examiners, and or investigate a complaint against the official con- exempts PTO from administrative or statutory limits duct of a member, officer, or employee of the House; on full-time employee positions or personnel (re- (2) the Committee on Standards of Official Conduct jected by a recorded vote of 133 ayes to 280 noes, may issue advisory opinions and perform other non- Roll No. 89). Pages H1737±38, H1741±42 investigative functions; and (3) a resolution address- The Clerk was authorized to correct section num- ing the official conduct of a member, officer, or em- bers, punctuation, and cross references and to make ployee of the House that is proposed to be offered such other technical and conforming changes as may from the floor by a member other than the Majority be necessary to reflect the actions of the House in Leader or the Minority Leader as a question of the amending H.R. 400. Page H1742 privileges of the House shall once noticed pursuant H. Res. 116, the rule that provided for the con- to clause 2(a)(1) of Rule IX, have precedence of all sideration of the bill was agreed to on April 17. other questions except motions to adjourn only at a Suspensions: The House voted to suspend the rules time or place designated by the chair in the legisla- and pass the following measures: tive schedule within two legislative days after April 11, 1997. Page H1757 Coral Reef Ecosystems: H. Con. Res. 8, amended, expressing the sense of Congress with respect to the Amendments: Amendments ordered printed pursu- significance of maintaining the health and stability ant to the rule appear on pages H1795–96. of coral reef ecosystems. Agreed to amend the title; Senate Messages: Message received from the Senate Pages H1742±44 today appears on page H1717. African Elephant Conservation: H.R. 39, to re- Quorum Calls—Votes: Four recorded votes devel- authorize the African Elephant Conservation Act; oped during the proceedings of the House today and Pages H1744±46 appear on pages H1739–40, H1740, H1740–41, Southern Nevada Public Land: H.R. 449, and H1741–42. There were no quorum calls. amended, to provide for the orderly disposal of cer- Adjournment: Met at 2:00 p.m. and adjourned at tain Federal lands in Clark County, Nevada, and to 10:05 p.m. provide for the acquisition of environmentally sensitive lands in the State of Nevada; Pages H1746±50 Committee Meetings Leaking Underground Storage Tank Trust Fund: H.R. 688, amended, to amend the Solid AIR QUALITY ISSUES RELATING TO Waste Disposal Act to require at least 85 percent of AGRICULTURE funds appropriated to the Environmental Protection Committee on Agriculture: Subcommittee on Forestry, Agency from the Leaking Underground Storage Resource Conservation, and Research held a hearing Tank Trust Fund to be distributed to States for co- on air quality issues relating to the agricultural inoperative agreements for undertaking corrective ac- dustry. Testimony was heard from Paul Johnson, tion and for enforcement of subtitle I of such Act; Chief, Natural Resources Conservation Service, and Pages H1750±53 USDA; and public witnesses. Fire Administration Authorization: H.R. 1272, LABOR-HHS-EDUCATION amended, to authorize appropriations for fiscal years APPROPRIATIONS 1998 and 1999 for the United States Fire Adminis- Committee on Appropriations: Subcommittee on Labor, tration; Pages H1753±57 Health and Human Services, and Education contin- Bipartisan Task Force on Reform of the Ethics ued appropriation hearings. Testimony was heard Process: Agreed by unanimous consent that the from public witnesses. order of the House of February 12, 1997 be extended through May 7, 1997 with the following VA-HUD-INDEPENDENT AGENCIES modification: After ‘‘Minority Leader’’: insert ‘‘, or a APPROPRIATIONS member designated from the floor by the Majority Committee on Appropriations: Subcommittee on VA, Leader or the Minority Leader at the time of notice HUD, and Independent Agencies held a hearing on pursuant to clause 2(A)(1) of Rule IX,’’ Department of Veterans Affairs. Testimony was The order of the House on February 12, in fur- heard from Jesse Brown, Secretary of Veterans Af- therance of the understanding concerning the estab- fairs. D376 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1997 HOUSING OPPORTUNITY AND CAMBODIA—TERRORIST GRENADE RESPONSIBILITY ACT ATTACK; SINO-AMERICAN RELATIONS Committee on Banking and Financial Services: Ordered Committee on International Relations: Subcommittee on Reported Amended H.R. 2, Housing Opportunity Asia and the Pacific approved for full Committee ac- and Responsibility Act of 1997. tion H. Res. 121, expressing the sense of the House of Representatives regarding the March 30, 1997, PRESCRIPTION DRUG USER FEE ACT terrorist grenade attack in Cambodia. REAUTHORIZATION The Subcommittee also held a hearing on Sino- American Relations and U.S. Policy Options. Testi- Committee on Commerce: Subcommittee on Health and mony was heard from Jeffrey Bader, Deputy Assist- Environment held a hearing on Reauthorization of ant Secretary, East Asian and Pacific Affairs, Depart- the Prescription Drug User Fee Act and FDA Re- ment of State; Winston Lord, former Assistant Sec- form. Testimony was heard from the following offi- retary, East Asian and Pacific Affairs, Department of cials of the FDA, Department of Health and Human State; and public witnesses. Services: Michael A. Friedman, M.D., Lead Deputy Commissioner; William Schultz, Deputy Commis- VOLUNTARY LIABILITY MEASURES sioner, Policy; and Robert Byrd, Deputy Commis- Committee on the Judiciary: Held a hearing on the fol- sioner, Management and Systems; and public wit- lowing bills: H.R. 911, Volunteer Protection Act of nesses. 1997 and H.R. 1167, Volunteer Protection Act of 1997. Testimony was heard from Senators Coverdell, COLLEGE EDUCATION—RISING COST McConnell Ashcroft and Santorum; Speaker Gingrich Committee on Education and the Workforce: Subcommit- and Representative Porter; and public witnesses. tee on Postsecondary Education, Training and Life- OVERSIGHT—BORDER SECURITY AND Long Learning held a hearing on the Rising Price of DETERRING ILLEGAL ENTRY a College Education. Testimony was heard from pub- Committee on the Judiciary: Subcommittee on Immi- lic witnesses. gration and Claims held an oversight hearing on regarding border security and deterring illegal entry CENSUS 2000 into the United States. Testimony was heard from Committee on Government Reform and Oversight: Sub- Representative Reyes; the following officials of the committee on Government Management, Informa- Department of Justice: Alan Bersin, U.S. Attorney, tion, and Technology held a hearing on ‘‘Census Southern District of California; and George Regan, 2000: How Should the Federal Government Measure Acting Assistant Commissioner for Enforcement, Im- Race and Ethnicity’’. Testimony was heard from migration and Naturalization Service; Samuel H. Representatives Meek of Florida, Petri and Sawyer; Banks, Deputy Commissioner, U.S. Custom Service, Sally Katzen, Administrator, Office of Information Department of the Treasury; Jonathan M. Winer, and Regulatory Affairs, OMB; Martha Farnsworth Deputy Assistant Secretary, International Narcotics Riche, Director, Bureau of the Census, Department Matters and Law Enforcement Affairs, Department of of Commerce; Norma Cantu, Assistant Secretary, State; Richard Gallo, Senior Special Agent, USDA; Civil Rights, Department of Education; Edward and public witnesses. Sondik, Director, National Center for Health Statis- FAA RESEARCH, ENGINEERING AND tics, Department of Health and Human Services; and DEVELOPMENT AUTHORIZATION ACT Bernard Ungar, Associate Director, Federal Manage- ment and Workforce Issues, GAO. Committee on Rules: Granted by voice vote an open rule providing 1 hour of debate on H.R. 1271, FAA Research, Engineering, and Development Authoriza- PARTICULAR MATTER AND OZONE—EPA’S tion Act of 1997. The rule waives section 306 (pro- PROPOSED STANDARDS hibiting consideration of legislation within the Committee on Government Reform and Oversight: Sub- Budget Committee’s jurisdiction unless the Budget committee on National Economic Growth, National Committee reports it) of the Congressional Budget Resources, and Regulatory Affairs concluded hear- Act of 1974 against consideration of the bill. The ings on ‘‘EPA’s Particulate Matter and Ozone Rule- rule makes in order the Committee on Science making: Is EPA Above the Law’’. Testimony was amendment in the nature of a substitute as an origi- heard from Carol Browner, Administrator, EPA; nal bill for amendment purposes, with each section Sally Katzen, Administrator, Office of Information considered as read. Section 306 of the Congressional and Regulatory Affairs, OMB; and Jere Glover, Chief Budget Act of 1974 is waived against the committee Counsel for Advocacy, SBA. amendment in the nature of a substitute. The rule April 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D377 authorizes the Chair to accord priority in recognition rule authorizes the Chair to accord priority in rec- to Members who have pre-printed the amendments ognition to Members who have pre-printed their in the Congressional Record. Finally, the rule pro- amendments in the Congressional Record. Finally, vides one motion to recommit, with or without in- the rule provides one motion to recommit, with or structions. Testimony was heard from Chairman Sen- without instructions. Testimony was heard from senbrenner, Representatives Morella and Brown of Chairman Sensenbrenner, Representatives Morella California. and Brown of California. NSF AUTHORIZATION ACT SURFACE TRANSPORTATION RESEARCH Committee on Rules: The Committee granted by voice vote an open rule providing 1 hour of debate on Committee on Science: Subcommittee on Technology H.R. 1273, National Science Foundation Authoriza- concluded hearings on Surface Transportation Re- tion Act of 1997. The rule makes in order the Com- search and Development, Research Needs for the mittee on Science amendment in the nature of a sub- Next Century. Part II. Testimony was heard from stitute as an original bill for amendment purposes, public witnesses. with each title considered as read. The rule authorizes the Chair to accord priority in the recognition SMALL BUSINESS FAMILIES TAX BURDEN to members who have pre-printed their amendments Committee on Small Business: Held a hearing on Tax in the Congressional Record. Finally, the rule pro- Burden on Small Business Families. Testimony was vides one motion to recommit, with or without in- heard from Senator Bond; and public witnesses. structions. Testimony was heard from Chairman Sen- senbrenner, Representatives Morella and Brown of CLEAN WATER AND DRINKING WATER California. INFRASTRUCTURE NEEDS NATIONAL INSTITUTE OF STANDARDS Committee on Transportation and Infrastructure: Sub- AND TECHNOLOGY AUTHORIZATION committee on Water Resources and Environment Committee on Rules: The Committee granted by voice held a hearing on Meeting Clean Water and Drink- vote an open rule providing 1 hour of debate on ing Water Infrastructure Needs. Testimony was H.R. 1274, National Institute of Standards and heard from Robert Perciasepe, Assistant Adminis- Technology Authorization Act of 1997. The rule trator, EPA; Robert McManus, Mayor, Lynn, Massa- waives points of order against consideration of the chusetts; Bruce Tobey, Mayor, Gloucester, Massachu- bill for failure to comply with clause 2(1)(6) of rule setts; and public witnesses. XI (3 day availability of committee reports). The rule makes in order the Committee on Science ADOPTION PROMOTION ACT; WELFARE amendment in the nature of a substitute as an origi- REFORM TECHNICAL CORRECTIONS ACT nal bill for amendment purposes, with each section considered as read. The rule authorizes the Chair to Committee on Ways and Means: Ordered reported accord priority in recognition to Members who have amended the following bills: H.R. 867, Adoption pre-printed their amendments in the Congressional Promotion Act of 1997, and H.R. 1048, Welfare Record. Finally, the rule provides one motion to re- Reform Technical Corrections Act of 1997. commit, with or without instructions. Testimony was heard from Chairman Sensenbrenner, Represent- LOW-INCOME HOUSING TAX CREDIT atives Morella and Brown of California. Committee on Ways and Means: Subcommittee on CIVILIAN SPACE AUTHORIZATION ACT Oversight held a hearing on the low-income housing tax credit. Testimony was heard from James K. Committee on Rules: Granted by voice vote an open White, Associate Director, Tax Policy and Adminis- rule providing 1 hour of debate on H.R. 1275, Ci- tration, GAO; Thomas Smith, Assistant Commis- vilian Space Authorization Act, Fiscal Years 1998 and 1999. The rule waives points of order against sioner, Examination, IRS, Department of the Treas- consideration of the bill for failure to comply with ury; and a public witness. clause 2(l)(6) of rule XI (3 day availability of com- Hearings continue May l. mittee reports). The rule makes in order the Com- mittee on Science amendment in the nature of a sub- DEA BRIEFING REGARDING MEXICO stitute as an original bill for amendment purposes. Permanent Select Committee on Intelligence: Met in execu- The rule further provides that the committee amend- tive session to receive a briefing on DEA regarding ment in the nature of a substitute be considered by Mexico. The Committee was briefed by departmental title, with each title being considered as read. The witnesses. D378 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1997 COMMITTEE MEETINGS FOR THURSDAY, Notice APRIL 24, 1997 For a listing of Senate committee meetings sched- (Committee meetings are open unless otherwise indicated) uled ahead, see pages E733–34 in today’s Record. Senate House Committee on Appropriations, Subcommittee on Interior, Committee on Agriculture, Subcommittee on General to hold hearings on proposed budget estimates for fiscal Farm Commodities and the Subcommittee on Risk Man- year 1998 for the National Endowment for the Arts/Na- agement and Specialty Crops, hearing on the effectiveness tional Endowment for the Humanities, 9:30 a.m., of Agricultural Export Programs, 9:30 a.m., 1300 Long- SD–192. worth. Subcommittee on Energy and Water Development, to Committee on Appropriations, to consider Supplemental hold hearings on proposed budget estimates for fiscal year appropriations for Fiscal Year 1997, 9:30 a.m., 2360 1998 for the Corp of Engineers and the Bureau of Rec- Rayburn. lamation, Department of the Interior, 9:30 a.m., SD–124. Subcommittee on Commerce, Justice, State, and the Subcommittee on Commerce, Justice, State, and the Judiciary, on Members of Congress, 3 p.m., H–309 Cap- itol. Judiciary, to hold hearings on proposed budget estimates Subcommittee on Foreign Operations, Export Financ- for fiscal year 1998 for the National Oceanic and Atmos- ing and Related Programs, on Congressional and public pheric Administration, Department of Commerce, 2 p.m., witnesses, 12 p.m., H–144 Capitol. S–146, Capitol. Subcommittee on Labor, Health and Human Services, Committee on Armed Services, closed business meeting, to and Education, on public witnesses, 10 a.m. and 2 p.m., mark up S. 7, to establish a United States policy for the 2358 Rayburn. deployment of a national missile defense system, 2 p.m., Committee on Commerce, Subcommittee on Telecommuni- SR–222. cations, Trade, and Consumer Protection, hearing on Re- Committee on Commerce, Science, and Transportation, to authorization of the National Telecommunications and hold hearings on proposed legislation authorizing funds Information Administration, 10 a.m., 2322 Rayburn. for the Intermodal Surface Transportation Efficiency Act Committee on Education and the Workforce, Subcommittee and truck safety, 10 a.m., SR–253. on Postsecondary Education, Training and Life-Long Subcommittee on Science, Technology, and Space, to Learning, to mark up H.R. 1385, Employment, Training hold hearings on proposed legislation authorizing funds and Literacy Enhancement Act of 1997, 9:30 a.m., 2175 for fiscal year 1998 for the National Aeronautics and Rayburn. Space Administration (NASA), 2 p.m., SR–253. Committee on Government Reform and Oversight, Sub- Committee on Environment and Public Works, Subcommit- committee on Civil Service, hearing on Federal Hiring tee on Clean Air, Wetlands, Private Property, and Nu- from the Welfare Rolls, 9:30 a.m., 311 Cannon. clear Safety, to hold hearings on ozone and particulate Subcommittee on Human Resources and Intergovern- matter standards proposed by the Environmental Protec- mental Relations, to continue hearings on Status of Ef- tion Agency, 9:30 a.m., SD–406. forts to Identify Gulf War Syndrome, Part II, 10 a.m., Committee on Foreign Relations, Subcommittee on East 2154 Rayburn. Asian and Pacific Affairs, to hold hearings to examine Subcommittee on Postal Service, oversight hearing of U.S. policy toward Hong Kong, 2 p.m., SD–419. the U.S Postal Service, 1 p.m., 2247 Rayburn. Committee on Governmental Affairs, Subcommittee on Committee on House Oversight, to consider pending busi- Oversight of Government Management, Restructuring ness, 5 p.m., 1310 Longworth. and the District of Columbia, to resume hearings to ex- Committee on International Relations, Subcommittee on amine proposals to reorganize the Department of Com- Africa, hearing on Angola’s Government of National Unity; followed by a briefing on the same subject, 10 merce, focusing on opportunities for management reforms a.m., 2255 Rayburn. at the National Oceanic and Atmospheric Administration, Committee on the Judiciary, to markup H.R. 3, Juvenile 12:30 p.m., SD–342. Crime Control Act of 1997, 9 a.m., 2141 Rayburn. Committee on Labor and Human Resources, to hold over- Committee on Resources, Subcommittee on Fisheries Con- sight hearings on Federal vocational education assistance, servation, Wildlife and Oceans, oversight hearing on the 10 a.m., SD–430. future of hydrography, 2 p.m., 1334 Longworth. Committee on Rules and Administration, to hold hearings Subcommittee on Forests and Forests Health, to mark to discuss revisions to Title 44, relating to the operations up H.R. 858, Quincy Library Group Forest Recovery and of the Government Printing Office, 9:30 a.m., SR–301. Economic Stability Act of 1997, 10 a.m., 1324 Long- Committee on Small Business, to hold hearings to review worth. the success and failure of the Small Business Administra- Committee on Science, Subcommittee on Basic Research, tion’s existing non-credit and business development pro- hearing on fiscal year 1998 budget request for the Na- grams, and the future direction of such programs, 9:30 tional Earthquake Hazards Reduction Program, 1 p.m., a.m., SR–428A. 2325 Rayburn. April 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D379

Committee on Small Business, Subcommittee on Govern- Subcommittee on Human Resources, hearing on Un- ment Programs and Oversight, hearing on the Importance employment Insurance Issues, 10:30 a.m., B–318 Ray- of Patent Term and Patent Application Disclosure Issues burn. to Small Businesses: What Impact Will Proposed Subcommittee on Social Security, oversight hearing on Changes in the Patent Laws Have on Small Businesses? the Disability Appeals Process, 9 a.m., 1100 Longworth. 10:30 a.m., 2359 Rayburn. Committee on Transportation and Infrastructure, Sub- Joint Meetings committee on Public Buildings and Economic Develop- Commission on Security and Cooperation in Europe, to hold ment, hearing on the Shortfall in the GSA Federal Build- hearings to examine the process of NATO enlargement ings Fund, 9 a.m., 2253 Rayburn. and the role of the Organization for Security and Co- Committee on Ways and Means, Subcommittee on Health, operation in Europe (OSCE) commitments, including hearing on Medicare Provider-Sponsored Organizations, human rights, in evaluating prospective members for in- 1:30 p.m., 1100 Longworth. clusion in the Alliance, 10 a.m., SD–538. D380 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, April 24 10 a.m., Thursday, April 24

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1274, ation of the Chemical Weapons Convention (Treaty Doc. National Institute of Standards and Technology Author- 103–21). ization Act of 1997 (open rule, 1 hour of debate); (Senate will meet in closed session in the Old Senate Chamber Consideration of H.R. 1273, National Science Founda- to hear confidential debate regarding the Chemical Weapons tion Authorization Act of 1997 (open rule, 1 hour of de- Convention from 10:30 a.m. until 12:30 p.m.) bate); Consideration H.R. 1275, Civilian Space Authorization Act for FY 1998 and 1999 (open rule, 1 hour of debate); and Consideration of H.R. 1271, FAA Research, Engineer- ing, and Development Authorization Act of 1997 (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Furse, Elizabeth, Ore., E730 Moakley, John Joseph, Mass., E724 Gilman, Benjamin A., N.Y., E721 Packard, Ron, Calif., E723 Bereuter, Doug, Nebr., E719 Hamilton, Lee H., Ind., E719 Rogan, James E., Calif., E718 Castle, Michael N., Del., E730 Horn, Stephen, Calif., E722 Sanchez, Loretta, Calif., E732 Dicks, Norman D., Wash., E730 Hyde, Henry J., Ill., E718 Sherman, Brad, Calif., E727, E729, E731 Dreier, David, Calif., E728 Kleczka, Gerald D., Wisc., E721 Smith, Christopher H., N.J., E732 Duncan, John J., Jr., Tenn., E718 Kucinich, Dennis J., Ohio, E718, E721 Solomon, Gerald B.H., N.Y., E717 Emerson, Jo Ann, Mo., E717, E721 Lantos, Tom, Calif., E725, E729, E730 Stark, Fortney Pete, Calif., E723, E727 Flake, Floyd H., N.Y., E724 Lofgren, Zoe, Calif., E731 Upton, Fred, Mich., E720 Foglietta, Thomas M., Pa., E731 McIntosh, David M., Ind., E725 Weygand, Robert A., R.I., E722 Forbes, Michael P., N.Y., E722 Manton, Thomas J., N.Y., E723, E727 Frelinghuysen, Rodney P., N.J., E721 Meek, Carrie P., Fla., E727, E730

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