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

Vol. 144 WASHINGTON, MONDAY, MAY 11, 1998 No. 58 House of Representatives The House met at 2 p.m. and was THE JOURNAL the Senator from Iowa (Mr. GRASS- called to order by the Speaker pro tem- The SPEAKER pro tempore. The LEY); and pore (Mr. MILLER of Florida). Chair has examined the Journal of the the Senator from Minnesota (Mr. last day’s proceedings and announces GRAMS). f to the House his approval thereof. The message also announced that Pursuant to clause 1, rule I, the Jour- pursuant to Public Law 100–696, the DESIGNATION OF SPEAKER PRO nal stands approved. Chair, on behalf of the President pro TEMPORE f tempore, appoints the following Sen- The SPEAKER pro tempore laid be- ators as members of the United States PLEDGE OF ALLEGIANCE fore the House the following commu- Capitol Preservation Commission: nication from the Speaker: The SPEAKER pro tempore. Will the the Senator from Washington (Mr. gentleman from Texas (Mr. BENTSEN) GORTON); and WASHINGTON, DC, May 11, 1998. come forward and lead the House in the the Senator from Utah (Mr. BEN- I hereby designate the Honorable DAN MIL- Pledge of Allegiance. NETT). LER to act as Speaker pro tempore on this Mr. BENTSEN led the Pledge of Alle- f day. giance as follows: COMMUNICATION FROM THE NEWT GINGRICH, I pledge allegiance to the Flag of the Speaker of the House of Representatives. United States of America, and to the Repub- CLERK OF THE HOUSE lic for which it stands, one nation under God, The SPEAKER pro tempore laid be- f indivisible, with liberty and justice for all. fore the House the following commu- f nication from the Clerk of the House of PRAYER MESSAGE FROM THE SENATE Representatives: The Reverend Douglas Tanner, Faith A message from the Senate by Mr. HOUSE OF REPRESENTATIVES, and Politics Institute, Washington, OFFICE OF THE CLERK, Lundregan, one of its clerks, an- D.C., offered the following prayer. Washington, DC, May 11, 1998. nounced that the Senate had passed a Let us pray: Hon. NEWT GINGRICH, bill of the following title in which the Almighty God, who created, sustains, The Speaker, House of Representatives, Wash- concurrence of the House is requested: ington, DC. and redeems us, we come before You S. 414. An act to amend the Shipping Act of DEAR MR. SPEAKER: Pursuant to the per- today thinking we have seen enough 1984 to encourage competition in inter- mission granted in Clause 5 of Rule III of the rain for a while. We are quite ready for national shipping and growth of United Rules of the U.S. House of Representatives, I the warm, clear days we have come to States exports, and for other purposes. have the honor to transmit a sealed envelope expect in the Nation’s Capital in May, The message also announced that the received from the White House on May 8, 1998 with the sun shining on bright flowers Senate had passed without amendment at 2:08 p.m. and said to contain a message from the President whereby he transmits and fresh foliage. Yet, that which we a concurrent resolution of the House of have learned to expect and that for proposed legislation entitled the ‘‘Class-Size the following title: Reduction and Teacher Quality Act of 1998.’’ which we ever more deeply yearn is not H. Con. Res. 265. Concurrent resolution au- With warm regards, yet here. We must learn to live with thorizing the use of the East Front of the ROBIN H. CARLE, the rain and we must wait. Capitol Grounds for performances sponsored Clerk. Teach us, we pray, to recognize the by the John F. Kennedy Center for the Per- f parallels to other areas of our lives and forming Arts. our life as a nation. Help us to see that The message also announced that CLASS-SIZE REDUCTION AND which we can have now, that for which pursuant to section 276d–276g of title TEACHER QUALITY ACT OF 1998— we must wait, and that which we could 22, United States Code, as amended, the MESSAGE FROM THE PRESIDENT be doing in the meantime, especially Chair, on behalf of the Vice President, OF THE UNITED STATES (H. DOC. where spiritual values intersect with appoints the following Senators as NO. 105–249) public life. members of the Senate Delegation to The SPEAKER pro tempore laid be- At the same time, remind us, in the the Canada-United States Inter- fore the House the following message words of Dr. King, that while the moral parliamentary Group during the Sec- from the President of the United arc of the universe may be long, it ond Session of the One Hundred Fifth States, which was read and, together bends toward justice, and rainy days Congress, to be held in Nantucket, with the accompanying papers, without will yield to brighter ones. Amen. Massachusetts, May 14–18, 1998: objection, referred to the Committee

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.

H3017 H3018 CONGRESSIONAL RECORD — HOUSE May 11, 1998 on Education and the Workforce and bility in distributing these funds, while V. Lewis, Drexler and his future NBA ordered to be printed: ensuring that the most needy school teammate, Hakeem Olajuwon, took the To the Congress of the United States: districts receive a fair share. Cougars to the NCAA’s Final Four in I am pleased to transmit today for Moreover, because my proposal would 1982, with Clyde averaging 15.2 points your immediate consideration and en- actually appropriate the funds needed and 10.5 rebounds per game. actment the ‘‘Class-Size Reduction and to carry out the program, States and In 1983, Drexler earned first-team All- Teacher Quality Act of 1998.’’ This leg- local communities could count on America honors after leading the Cou- islative proposal would help States and these funds without the need for sepa- gars to their second straight NCAA local school districts recruit, train, and rate congressional appropriations each Final Four in the first national cham- hire 100,000 additional well-prepared year. This proposal is fully paid for pionship game. The Cougars, known as teachers in order to reduce the average within my Fiscal Year 1999 Budget, and Phi Slamma Jamma, ended the year class size to 18 in grades 1 through 3 in therefore would not reduce the budget 31–3 and won their first Southwest Con- our Nation’s public schools. It is an es- surplus. ference regular season championship sential part of our overall effort to School districts would use these with a perfect 16–0 record, and were strengthen public schools throughout funds to reduce class sizes in grades 1 ranked atop the national polls. Drexler the Nation. through 3. Just as importantly, these is the only Cougar to amass more than As schools across the Nation struggle funds would also be available for a va- 1,000 points, 900 rebounds, 300 assists, to accommodate a surge in enroll- riety of activities to ensure that stu- and 250 steals in a career. His 268 career ments, educators and parents have be- dents in the early grades receive sound steals remain as a UH record. come increasingly concerned about the and effective instruction, such as mak- A first round selection of the Port- impact of class size on teaching and ing sure that teachers know how to land Trail Blazers in 1983, Drexler led learning, particularly in the critically teach reading and other subjects effec- the team to two NBA finals and made important early grades, where students tively in small classes. the playoffs in each of his 15 seasons. A learn reading and other basic skills. This proposal includes strong ac- member of the original Olympic Dream This concern is justified: rigorous re- countability for results. Participating Team, Drexler won a gold medal in search confirms what parents and school districts would produce ‘‘report Barcelona in 1992. teachers have long believed—that stu- cards’’ documenting reductions in class Clyde was reunited with Olajuwon dents in smaller classes, especially in sizes and the achievement of their stu- when he was traded to the Rockets on the early grades, make greater edu- dents in reading, based on rigorous as- February 14, 1995, and helped lead the cational gains and maintain those sessments. Schools whose students fail Rockets to their second straight NBA gains over time. These gains occur be- to make gains in reading would be re- championship. Drexler was named one cause teachers in small classes can pro- quired to undertake corrective actions. of the NBA’s 50 all-time greatest play- vide students with more individualized In addition, the Department of Edu- ers in 1997 and made five all-NBA attention, spend more time on instruc- cation would undertake a comprehen- teams. tion and less time on discipline, and sive national evaluation of this pro- Drexler, Oscar Robertson, and John cover more material effectively. More- gram and its impact on reading Havlicek are the only players in league over, the benefits of smaller classes are achievement and teaching. history to post more than 20,100 points, greatest for poor, minority, and inner- I urge the Congress to take prompt 6,000 rebounds, and 6,000 assists. His city children, the children who often and favorable action on this proposal. 2,963 clear playoff points put him at face the greatest challenges in meeting Its enactment would help school dis- number 15 on the all-time playoff scor- high educational standards. tricts reduce class sizes in the early ing list. He also grabbed the 1,000th Smaller classes will have the great- grades and improve instruction and playoff rebound of his career on this est impact on student learning if the achievement in reading, issues that are past Sunday, when he finished his ca- new teachers brought into the class- of major importance to parents and to reer in the NBA. room are well qualified to teach read- the Nation. On May 18, 1998, Drexler announced ing and to take advantage of smaller WILLIAM J. CLINTON. his retirement plans as he accepted the learning environments. For this rea- THE WHITE HOUSE, May 8, 1998. job as the head coach for the men’s son, my proposal emphasizes not just f basketball program at the University class-size reduction but also profes- of Houston. While the Rockets’ season sional development for educators, and SPECIAL ORDERS ended on a disappointing note, I’m sure it will give school districts adequate The SPEAKER pro tempore. Under the City of Houston is extraordinarily time to recruit and train staff while the Speaker’s announced policy of Jan- proud of the career of one of their own, phasing in smaller classes. Further- uary 7, 1997, and under a previous order Clyde Drexler. As the next chapter of more, all new teachers hired under the of the House, the following Members his career begins, what better place to program would be required to pass a will be recognized for 5 minutes each. share his talent, heart, and determina- State teacher competency test and f tion than with the Cougars and the would also have to be certified to teach City of Houston. IN RECOGNITION OF CLYDE or be making satisfactory progress to- I know that I join with all sports fans DREXLER ON HIS RETIREMENT ward full certification. in the City of Houston in looking for- FROM THE HOUSTON ROCKETS We can help all of our students learn ward to many more years of basketball AND THE NBA to read independently and well by the excitement from Clyde Drexler, and third grade, get a solid foundation in The SPEAKER pro tempore. Under a wish him all the best in his new en- basic skills, and reach high educational previous order of the House, the gen- deavor. standards if we start them off with tleman from Texas (Mr. BENTSEN) is f small classes and well-prepared teach- recognized for 5 minutes. ers in the early grades. Mr. BENTSEN. Mr. Speaker, I rise in THE FREEDOM FROM RELIGIOUS Under my proposal, the Department proud recognition of a great athlete PERSECUTION ACT of Education would provide $20.8 billion and legend in the City of Houston, The SPEAKER pro tempore. Under a in mandatory appropriations over a 10- Clyde Drexler, on the occasion of his previous order of the House, the gen- year period (beginning with $1.1 billion retirement from the Houston Rockets tleman from Virginia (Mr. WOLF) is in fiscal year 1999) to States. The and the National Basketball Associa- recognized for 5 minutes. States would then distribute the funds tion. Mr. WOLF. Mr. Speaker, I want to to local school districts based on their Clyde ‘‘the Glide’’ Drexler had an im- spend a moment talking about the relative class sizes in grades 1 through pressive 15-year career in the NBA, but Freedom from Religious Persecution 3, as well as on their ability and effort many people in Houston remember him Act, H.R. 2431, which will be on the to finance class-size reductions with first from his days with the University floor for debate at the end of this week. their own resources. The bill would of Houston Cougars in the early 1980s. The bill is bipartisan, it has over 131 provide States with considerable flexi- Under the leadership of head coach Guy cosponsors, and it was reported out of May 11, 1998 CONGRESSIONAL RECORD — HOUSE H3019 the Committee on International Rela- equal, endowed by their creators with when the accident occurred. While tions by a vote of 31 for, only 5 against. certain unalienable rights; that among crossing the river and pushing a small Why is this legislation needed? these are life, liberty, and the pursuit group of cattle ahead of him, Jim’s In the past decade, the Government of happiness. horse stumbled and fell, crushing him of Sudan has killed or allowed to When this bill passes, in small vil- underneath it, under the water. The starve over 1 million of its own people. lages in southern Sudan, people with horse struggled back to its feet, waded Starvation is that government’s weap- their little crystal radio sets, people in to a nearby island, and turned back to on of choice, liberally spiced with high- villages in China with their crystal wait for his master. The cows wandered altitude bombing and mass murder, sets, when they hear that the United on. Jim’s dog waited near the horse, and even selling Sudanese boys and States Congress, the people’s House, but their master did not emerge from girls as slaves. the House of Representatives, has the river. In China, as we all know, Catholic voted for this legislation, it will send a The horse and the dog were still priests and bishops are imprisoned, message to the people who are being waiting there on the island a day later some for decades, simply for practicing persecuted around the world that this when family and friends came in search their faith. Protestant pastors are Congress and this country stands with of the missing man. When they saw the thrown in jail just for holding house them. dog and the horse, they knew what church services. Muslims suffer perse- f happened to Jim. They knew from that cution, as do Buddhist monks and rugged country and the ways of that nuns. TRIBUTE TO JIM ANDERSON rugged country that you always believe My office adopted Bishop Zeng The SPEAKER pro tempore. Under the animals. Five days later, divers Jingmu. Sunday’s Washington Post re- the Speaker’s announced policy of Jan- found Jim Anderson’s body miles down- ported that the Bishop was released 6 uary 7, 1997, the gentlewoman from stream in the river, drowned. Even months early by the Chinese Govern- Idaho (Mrs. CHENOWETH) is recognized though Jim was raised there beside the ment in anticipation of President Clin- for 60 minutes as the designee of the river and was a heck of a horseman, he ton’s June visit. Bishop Zeng is cur- majority leader. never learned how to swim. I just pray rently out of prison, yet remains not Mrs. CHENOWETH. Mr. Speaker, I that he did not die in pain. But he did completely free, but under house ar- lost a very good friend a little while die alone, far, far from the family he rest, and is allowed to see no one but ago, in a very, very tragic accident. loved, from his friends and from any his close relatives. Still, the fact that Jim Anderson was a man that I have help. I pray that he died without know- he is out of prison is a good develop- known for about 25 years. He was a ing what happened. ment, and a sign that pressure on re- good man, a good father to his two Jim’s death was very tragic and in- pressive governments works. children, a good husband, a good stew- comparably lonely and saddening to his Mr. Speaker, this legislation is sup- ard of the land, and a heck of a horse- family and friends and every one of us ported by a large number of broad- man. who knew him. Yet every one of the based groups in the Nation. It is sup- It was my honor to have known Jim people who knew Jim had a tremen- ported by the National Association of Anderson, to be his friend, and it is my dous respect for the man that he was, Evangelicals, by the U.S. Catholic honor to tell you a little bit about Jim the life that he led and the way he Bishops Conference, by the Family Re- Anderson today. Jim Anderson was a died. search Council, by the Anti-Defama- rancher. It wasn’t only what he did as You see, Jim died doing what he tion League, by the Southern Baptist a rancher, but it was who he was. loved. He loved his family but he also Convention Ethics and Religious Lib- He was killed in a tragic accident on loved his work, and he loved the land erty Commission, by the International his ranch on the border of Malheur that he worked. He always knew that if Campaign for Tibet, by the National County in Oregon and Owyhee County we are good to the land, the land will Jewish Coalition, by the Christian Coa- in Idaho, in the southwestern edge of be good back to us. Many people do not lition, by the Religious Action Center my congressional district in Idaho. understand this today, when we do not for Reformed Judaism, by Empower Jim’s grazing allotment was far, far live on the land and when we try to America, by Prison Fellowship Min- out in the Owyhee Desert, in a wide- live our lives as comfortably as pos- istries, by the Union of Orthodox Con- open, sweeping land of grasses, of sage- sible and eliminate every danger, in- gregations of America, by Concerned brush, a few hardy juniper trees, a convenience and hardship; but incon- Women of America, by Campus Crusade whole lot of rattlesnakes, but a land venience and hardship and danger was for Christ, by the Seventh Day Advent- that cut deeply into the Owyhee River Jim’s way of life. ist Church, by the Christian Legal So- Canyon. It is a rugged, beautiful, bru- That morning, like every morning, ciety, by the Catholic Alliance, by the tal country far, far from the nearest Jim had gotten up before the sun and Ethics and Public Policy Center, by the cities. he went outside into the cold morning National Religious Broadcasters, by The grassland, the hills, valleys, and saddled up his horse, called his dog B’nai B’rith, by the American Family creeks, are heartbreakingly beautiful. and loaded his animals into the truck Association, by the Salvation Army. The Owyhee River Canyon is one of the for a long, bumpy rough drive out into So we can see this has broad-based sup- most magnificent wonders of my dis- his grazing allotment. Jim unloaded port. trict and of this Nation. It carves his horse at dawn and began a wide On Thursday the House will take up through this beautiful high desert for sweep of his range alone, through some the bill, and this bill will set up a sys- hundreds of miles, cutting a deep, of the most beautiful, most brutal and tem to monitor religious persecution straight-walled gorge into the desert. unforgiving country on God’s earth. around the world; and when egregious The Owyhee can appear benign to the Physically the work is very hard, de- acts are found, limited sanctions will casual observer, but it can suddenly manding, tiring and rough, but that be imposed unless waived by the Presi- change from a meandering stream to a was the life that Jim Anderson wanted dent. Again, under this legislation, the raging torrent, and from a foot deep to and he accepted this hard work with it President has total, complete ability to a bottomless pit. and did not complain. He was college waive everything and anything in the b educated and had a high intelligence. bill. 1415 Jim could have been anything he In closing, Mr. Speaker, when this Jim loved this country with his wanted to be, a teacher, a physician, a bill becomes law, America will reaffirm whole heart. It was in his blood. It was stockbroker, a lawyer. He certainly again, as it has so many times in the where he was born and raised, and could have been a Congressman. But he past, for all the world that we still where he had lived his entire life. It chose the way of life of a rancher. honor those ringing words in the Dec- was where he wanted to raise his two Jim never stopped learning nor did laration of Independence, authored by sons, Patrick and Jeff. he stop teaching others around him. He Thomas Jefferson, where he said, We Jim was riding the Owyhee River read the Wall Street Journal every sin- hold these truths to be self-evident, alone 3 weeks ago, gathering his cattle gle day, and other magazines such as that all men and women are created and pushing them onto spring range National Review and Forbes magazine H3020 CONGRESSIONAL RECORD — HOUSE May 11, 1998 every day. They shared their places Yet, they will also tell you that Jim the early 1900s. These range wars raged with other magazines like Range, even was a man who worked with his neigh- in my district, and people like Jim An- like TV Guide. bors and helped them out in times of derson could tell you stories about the At Jim’s funeral, one of Jim’s college need, too. I first met Jim Anderson in challenges their ancestors faced during roommates mentioned total surprise a circumstance when he and his friends these times from increasing settlement the day that he went out to Jim’s cow and neighbors had pulled together to but, even more, from transient stock- camp and found a one day old copy of work on something that they believed men. The range was open in those days, the Wall Street Journal on the cow in. I owned a natural resource consult- unfenced and unrestricted. Homestead camp table, many, many, many miles ing business in Boise, Idaho when Jim laws were designed for the East where from town. Anderson and the Owyhee cattlemen 160 acres would support a family. Jim was always ready to launch into came to me for help in working out a In the arid West, the rugged West, a debate on any number of issues, better relationship with the Bureau of these small parcels were totally inad- armed with facts and figures; whether Land Management. That was way back equate. By looking at a property map, it was corn futures, public land policy, in 1979. it is readily apparent that the ranchers politics, you name it, he was well read We are still working to accomplish filed on the best and most valuable on it. Jim embraced his life as a ranch- that same thing today, a better rela- lands, those that there were out there er. He accepted the risk, too. He knew tionship with the Bureau of Land Man- in these arid lands, the land with anything could happen when riding agement. The BLM manages 74 percent water. Private land winds up and down alone so far from people and so far of Owyhee County and 73 percent of the creeks and is located on springs or from help. But it was part of his job; it Malheur County and has tremendous water holes across the landscapes. By was part of his way of life. influence over the lives and the liveli- homesteading on the creek bottoms Jim embraced that risk, that work hoods of the ranchers in that area. For where ranchers raised hay for the win- and that way of life totally. It was years the relationship has been declin- ter and by owning the water, ranchers what made him who he was and made ing with the BLM, and Jim Anderson were able to graze the open range in and others were looking for a better him a part of our very proud western their vicinity. heritage. The family, the friends, the way. For the last 25 years I have been Their goal was to consolidate the acquaintances, neighbors and strangers working with Jim and the cattlemen in range into a workable ranch with the who turned out to aid in the search and my district to try to help them find a private land and the open grazing land to comfort the family after the body better way. Today, as a Member of inextricably interlinking elements of was found and to support and help the Congress, we are still working on find- the ranch. But other transient cattle- family through their tough times with- ing a better way. I will not stop now. men and transient sheepmen routinely But always, through all these years, out Jim’s presence are another part of trailed herds back and forth across the in the battles and the discussions, I our proud western heritage. land, overgrazing and then moving on, have seen the same thing that I saw I mentioned the efforts of a search devastating the land. They owned no party, as well I should. Five days the with the events around Jim’s death. I saw people of integrity and people who private land, had no stake in the community searched for Jim. They health of the land, but they simply rav- knew what happened to him because, care really draw together to help each other through a rough time. They care aged the land and then they moved on. like I said, the animals never lie. The about their families, their neighbors, The Andersons and many of the old animals would not leave the river and they love the land on which they families I mentioned attempted to pro- where they lost their master. But hour make a living. They have rough, tough tect the range they had settled and to after hour, day after day, volunteer jobs, dangerous jobs, but these jobs are keep it in good condition for continued searchers traveled on foot, on horse, by not just a way of making a living for use. They wanted to pass it on to their four-wheel drive, by ATV, by airplane, them. They are a chosen way of life. In children in better condition than they by helicopter and back and forth over past years their livelihood and their got it. the Owyhee River canyons, literally way of life has been threatened. With They fought to protect and guard the searching every crack, every crevice, Jim Anderson and the ranchers in my range and the integrity of the ranch every ravine, behind every bush, rock, district, we have fought to protect this under the provisions of prior beneficial and stump looking for Jim. It was a unique western heritage and the com- use. But they had no legal basis to ex- monumental job but they were tireless. munities that have developed in the clude others from overgrazing. Well, No government agency or profes- West. These communities still exist what resulted was a period of terrible sional search and rescue team could and remain strong through the kind of destruction to the land. Transient have done the job those friends and personal integrity, dependability, stockmen ruined the range and prior neighbors did, searching for Jim. No honor and respect for themselves and settled stockmen had no ability to pro- one else knows the land like they do, their neighbors that we see continue to tect their range and no incentive to and no one else cares like they do. work for those of us who live in the improve the range or ability to exclude When they found him, though, no one West. over grazers. went home. They gathered Jim’s cat- I said Jim Anderson grew up on a As Members may know, it was cattle- tle. They moved them to where they ranch. Indeed he was a fourth-genera- men like Jim Anderson’s family who needed to go. They cared for the family tion rancher. Many of the families who fought for an end to this destructive, and the area cattlemen made plans to have lived down there have carved degenerating system. It was cattlemen help Jim’s family get through the rest their ranches out of the wilderness who lobbied for and passed the Taylor of the year. With Jim gone, the com- when Owyhee County was first settled. Grazing Act of 1934. munity picked up his work and is going They brought in long horned cattle The Taylor Grazing Act did four to take care of his family, not through from Texas to start their herds and very, very important things. Number charity but through respect for the began a long process of improving their one, it eliminated the transient stock- man he was and because it is the right range and building homes in some of men. Number two, it created grazing thing to do. It is the way things are the most rugged, hostile yet beautiful, allotments out of undesignated lands. done out there. It really is the Amer- country in the world. Number three, it tied that grazing al- ican way. It is what makes a commu- You might have heard of the grazing lotment to a rancher’s nearby private nity. It is what makes our country rights these cattlemen have developed. property. And, number four, it recog- great, people like Jim Anderson and Yes, over time they filed claims on nized and guaranteed ranchers prior ex- the people in the Jordan Valley com- water and they homesteaded lands isting use right to this land in perpetu- munity that drew together to help this under various homestead acts, and ity. The grazing allotment became ap- family through their very hard time. they proved up on the homesteads and purtenant to the rancher’s private Jim Anderson was a fiercely inde- they settled down to raise their fami- land. The grazing allotment was recog- pendent man. His widow and his chil- lies. nized by courts and by banks, by local dren will tell you that, and those of us I am sure my colleagues have heard taxing districts and, yes, by the Inter- who were his friends will tell you that. of the range wars of the late 1800s and nal Revenue Service. Indeed today the May 11, 1998 CONGRESSIONAL RECORD — HOUSE H3021 value of the grazing allotment is com- of life that their family has cherished ground range monitoring. They are monly a majority of the value of the for generations, a way of life that is asking for decisions made on the basis ranch. pictured in movies, in songs, in dress, of what the range will actually sup- b 1430 in poetry, in novels. But it is being reg- port, and the cattle stocking levels ulated out of our existence in America. based on clear scientific standards. But Grazing allotments are taxed and I feel for those boys. Their father and that is not what they are getting, and used as collateral for bank loans. But their ancestors left them a proud and they and the land deserve far better. besides tying private property and the wonderful legacy, a rich and strong Mr. Speaker, I want my colleagues to grazing allotment together in one inex- heritage. Our government, on the other know that even here in Washington, tricable ecological and economic unit, hand, has left them a bitter draught, a D.C., I always carry with me the the Taylor Grazing Act also gave sad and heartbreaking regulatory stew, memories of people like Jim Anderson. ranchers the ability and the incentive and a lifetime of struggle and strife to I am sure my colleagues know what I to improve the range. just continue the family tradition and am talking about. Their faces and their And ranchers responded with their maintain their way of life. histories and their families and their hearts and their souls and their hard Unlike the thousands of youngsters struggles are always on my mind. I work. The results were absolutely as- before them, I hope that they are not know the names of their children, they tounding. With the legal ability to ex- driven from this land in desperation, have told me their dreams, and they clude the transient stockman and the hoping to be able to pursue a reason- have shared their frustrations with me. right to use the land and improve the able living somewhere else without Today I wanted to share it with my land, the entire dynamics of the West- continual government intrusion. colleagues. I wanted my colleagues to ern livestock industry’s grazing The day Jim was out before dawn to know about a person in my district, a changed. gather his cattle along the Owyhee man with hopes and dreams, a man we Today, Mr. Speaker, today I can say River, the BLM land managers who could have helped to have a better life that we have one of the Nation’s finest manage this area were still in bed. Fed- and to give his children a better future, California big horn wild sheep popu- eral land managers are not members of a person who we have needed to con- lations in that very area, well taken Jim’s community, although they would sider in our debates and in our discus- care of by not only our Idaho Fish and be welcome and, from time to time, sions for America’s future. Game, but also by our ranchers. That some of them do make themselves part But Jim Anderson is now gone and I population has grown and proliferated of the community and, indeed, they are ask that my colleagues remember, like so much that we are now able to take personally welcomed. I do, who he was and what were his some of those wild sheep out and plant Most of the managers, though, who hopes and his dreams; remember his them in other States. It is because of manage and make the decisions that children, that we might treat them the ranchers and the cooperation that affect them live in Washington, D.C. with greater respect and more thought- we are seeing results such as that. They do not live out there on the ranch fully in the future. Ranchers began fencing to hold their and they rarely work out there. Long, Today, all I can say is, goodbye, my cows in different pastures and to divide regular spells of pushing paper in the friend. We will keep working. their range to facilitate proper grazing office are only occasionally punctuated f allotments and rotation. They began with short and infrequent visits to the SPECIAL ORDERS GRANTED developing springs and water holes actual land that they manage. away from the creeks, to draw the cat- Like in old Ireland, ranchers very By unanimous consent, permission to tle off the riparian areas and spread rarely see their Federal landlords, ex- address the House, following the legis- them across the range to protect those cept carrying bad news or bringing new lative program and any special orders riparian areas and to spread the graz- regulations or restrictions. It is very heretofore entered, was granted to: ing more evenly. They began improving little wonder that Jim Anderson and (The following Members (at the re- roads and building ponds, clearing the community of Owyhee ranchers quest of Mr. BENTSEN) to revise and ex- brush, eradicating weeds and improv- feel a great deal of frustration and are tend their remarks and include extra- ing the land. Very, very hard work. calling for better, more responsive land neous material:) Jim Anderson, his family and the Mr. BENTSEN, for 5 minutes, today. management. They are also calling for (The following Members (at the re- families that I have mentioned began more range monitoring, yes, more sci- quest of Mr. WOLF) to revise and extend working to improve their land and per- entific range monitoring. their remarks and include extraneous fect their grazing operations. They Some allotments in Owyhee County material:) have been working on it literally for are 8 hours of steady driving from the Mr. BOB SCHAFFER of Colorado, for 5 generations, and the results have been nearest BLM office. Some are 4 hours minutes, May 12. incredible. driving. But no allotment in Owyhee Mr. HERGER, for 5 minutes, May 12. Think about it. The cumulative County is nearer than 1 hour of steady Mr. FOX, for 5 minutes, May 13. knowledge of generations was con- driving, about 50 highway miles from Mr. WOLF, for 5 minutes, today. tained in Jim Anderson’s mind. The the nearest BLM office. Mr. JONES, for 5 minutes, May 12. knowledge of animals, the knowledge Today, we rarely see the BLM land f of weather, the knowledge of plants, managers out there on the ground with the knowledge of wildlife and of proper the cattlemen, yet Jim Anderson knew EXTENSION OF REMARKS stewardship of that land. All this and I knew that critical, important de- By unanimous consent, permission to knowledge was resident in Jim Ander- cisions that affect our ranchers’ liveli- revise and extend remarks was granted son’s mind and in his every action. It hoods and their children’s futures are to: was this knowledge that he was passing being made every day by these govern- (The following Members (at the re- on to his children as it had been passed ment land managers. These decisions quest of Mr. BENTSEN) and to include on to him. are often based on faulty information, extraneous matter:) But what kind of life has Jim Ander- poor science or science with a political Mr. KIND. son passed on to his two young sons? agenda, and are heavily influenced by Mr. WAXMAN. Mr. KUCINICH. We fought shoulder to shoulder for 25 the litigation and pressure of urban en- (The following Members (at the re- years to make it a better life and to vironmental groups who have limited, quest of Mr. WOLF) and to include ex- guarantee them the best opportunities if any, knowledge or understanding of traneous matter:) possible. But what have these fine two the dynamics of the Western range. Mr. PORTMAN. boys actually inherited? Our ranchers today are struggling for Mr. NEY. A legacy of burgeoning bureaucracy, a small say in the management of the Mr. BOB SCHAFFER of Colorado. of strife and conflict in management of land they have lived on, the land they Mr. DOOLITTLE. public lands, of science with a political have loved for generations. And what (The following Members (at the re- agenda, and a legacy of continued re- they are calling for is better land man- quest of Mrs. CHENOWETH) and to in- strictions and limitations on the way agement through science and on-the- clude extraneous matter:) H3022 CONGRESSIONAL RECORD — HOUSE May 11, 1998

Mr. SHERMAN. 9043. A letter from the Chairman, Federal Small Business Stationary Source Technical f Deposit Insurance Corporation, transmitting and Environmental Compliance Programs the Corporation’s semiannual report on the (SBTCP) for the Reporting Period, January— ADJOURNMENT activities and efforts relating to utilization December 1996’’; to the Committee on Com- Mrs. CHENOWETH. Mr. Speaker, I of the private sector, pursuant to 12 U.S.C. merce. 1827; to the Committee on Banking and Fi- 9055. A letter from the Chairman, Federal move that the House do now adjourn. nancial Services. Energy Regulatory Commission, transmit- The motion was agreed to; accord- 9044. A letter from the General Counsel, ting the Commission’s final rule—Standards ingly (at 2 o’clock and 39 minutes National Credit Union Administration, for Business Practices of Interstate Natural p.m.), under its previous order, the transmitting the Administration’s final Gas Pipelines [Docket No. RM96–1–007, Order House adjourned until tomorrow, Tues- rule—Investment and Deposit Activities; No. 587–G] received May 6, 1998, pursuant to day, May 12, 1998, at 12:30 p.m., for Corporate Credit Unions [12 CFR Parts 703 5 U.S.C. 801(a)(1)(A); to the Committee on morning hour debates. and 704] received May 5, 1998, pursuant to 5 Commerce. U.S.C. 801(a)(1)(A); to the Committee on f 9056. A letter from the Secretary, Federal Banking and Financial Services. Trade Commission, transmitting the Com- EXECUTIVE COMMUNICATIONS, 9045. A letter from the Secretary of Hous- mission’s final rule—Guides for the Use of ETC. ing and Urban Development, transmitting Environmental Marketing Claims (16 CFR the results of the third annual ‘‘Comprehen- Part 260) received April 23, 1998, pursuant to Under clause 2 of rule XXIV, execu- sive Needs Assessments’’; to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on tive communications were taken from on Banking and Financial Services. Commerce. the Speaker’s table and referred as fol- 9046. A letter from the Secretary of Health 9057. A letter from the Chairman, Nuclear lows: and Human Services, transmitting the fiscal Regulatory Commission, transmitting the year 1996 annual report on occupational safe- 9035. A letter from the Office of Regulatory Commission’s report entitled ‘‘Report to ty and health, prepared by the National In- Congress on Abnormal Occurrences, Fiscal Management and Information, Environ- stitute for Occupational Safety and Health mental Protection Agency, transmitting the Year 1997,’’ for events at nuclear facilities, (NIOSH), Centers for Disease Control and pursuant to 42 U.S.C. 5848; to the Committee Agency’s final rule—Pyriproxyfen; Pesticide Prevention (CDC), pursuant to 29 U.S.C. Tolerances for Emergency Exemptions on Commerce. 671(f); to the Committee on Education and 9058. A letter from the Chairman, Nuclear [OPP–300651; FRL–5788–2] (RIN: 2070–AB78) re- the Workforce. ceived May 6, 1998, pursuant to 5 U.S.C. Regulatory Commission, transmitting a re- 9047. A letter from the Assistant Secretary port on the nondisclosure of safeguards in- 801(a)(1)(A); to the Committee on Agri- for Mine Safety and Health, Department of culture. formation for the quarter ending March 31, Labor, transmitting the Department’s final 1998, pursuant to 42 U.S.C. 2167(e); to the 9036. A letter from the Director, Office of rule—Safety Standards for Roof Bolts in Regulatory Management and Information, Committee on Commerce. Metal and Nonmetal Mines and Underground 9059. A letter from the Assistant Secretary Environmental Protection Agency, transmit- Coal Mines (RIN: 1219–AB00) received April ting the Agency’s final rule—Bentazon; Ex- for Legislative Affairs, Department of State, 28, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting notification that effective tension of Tolerance for Emergency Exemp- the Committee on Education and the Work- tions [OPP–300646; FRL–5787–4] (RIN: 2070– April 12, 1998, the danger pay allowance for force. Liberia has been eliminated, pursuant to 5 AB78) received May 6, 1998, pursuant to 5 9048. A letter from the Assistant Secretary U.S.C. 5928; to the Committee on Inter- U.S.C. 801(a)(1)(A); to the Committee on Ag- for Occupational Safety and Health, Depart- national Relations. riculture. ment of Labor, transmitting the Depart- 9060. A letter from the Assistant Secretary 9037. A letter from the Administrator, ment’s final rule—Respiratory Protection; for Legislative Affairs, Department of State, Food Safety and Inspection Service, trans- Correction [Docket No. H–049] (RIN: 1218– transmitting the Department’s final rule— mitting the Service’s final rule—Elimination AA05) received April 28, 1998, pursuant to 5 Documentation of Nonimmigrants Under the of Prior Approval Requirements for Estab- U.S.C. 801(a)(1)(A); to the Committee on Edu- Immigration and Nationality Act, as Amend- lishment Drawings and Specifications, cation and the Workforce. Equipment, and Certain Partial Quality Con- 9049. A letter from the Administrator, En- ed—Fees for Application and Issuance of trol Programs [Docket No. 95–032F] (RIN: ergy Information Administration, Depart- Nonimmigrant Visas [22 CFR Part 41] re- 0583–AB93) received April 27, 1998, pursuant ment of Energy, transmitting the Energy In- ceived April 27, 1998, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on formation Administration’s ‘‘International 801(a)(1)(A); to the Committee on Inter- Agriculture. Energy Outlook 1998,’’ pursuant to 15 U.S.C. national Relations. 9038. A letter from the Mayor, District of 790f(a)(2); to the Committee on Commerce. 9061. A letter from the Assistant Secretary Columbia, transmitting the District of Co- 9050. A letter from the Secretary of En- for Legislative Affairs, Department of State, lumbia Government’s report on Anti-Defi- ergy, transmitting the Department’s Annual transmitting a report on the activities of the ciency Act violations for fiscal year 1997 cov- Report for the Strategic Petroleum Reserve, Multinational Force and Observers (MFO) ering the period October 1, 1996 through Sep- covering calendar year 1997, pursuant to 42 and certain financial information concerning tember 30, 1997, pursuant to 31 U.S.C. 1351; to U.S.C. 6245(a); to the Committee on Com- U.S. Government participation in that orga- the Committee on Appropriations. merce. nization for the period from January 16, 1996 9039. A letter from the Judge Advocate 9051. A letter from the Director, Office of to January 15, 1998, pursuant to 22 U.S.C. General, Department of the Navy, transmit- Rulemaking Coordination, Department of 3425; to the Committee on International Re- ting the Department’s final rule—Depart- Energy, transmitting the Department’s final lations. ment of the Navy Acquisition Regulations; rule—Property Management Regulations 9062. A letter from the Assistant Secretary Shipbuilding Capability Preservation Agree- (RIN: 1991–AA28) received April 27, 1998, pur- for Legislative Affairs, Department of State, ments [48 CFR Part 5231] received April 27, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- transmitting draft legislative initiatives to 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the tee on Commerce. amend or create expanded authorities under Committee on National Security. 9052. A letter from the Director, Office of the Foreign Assistance Act of 1961, as 9040. A letter from the Acting Assistant Regulatory Management and Information, amended and the Arms Export Control Act; Secretary for Reserve Affairs, Department of Environmental Protection Agency, transmit- to the Committee on International Rela- Defense, transmitting a plan to ensure that, ting the Agency’s final rule—Approval of tions. on and after September 30, 2007, all military Section 112(1) Authority for Hazardous Air 9063. A letter from the Interim District of technician positions are held only by dual Pollutants; Perchloroethylene Air Emission Columbia Auditor, District of Columbia, status military technicians, pursuant to Standards for Dry Cleaning Facilities; State transmitting a report entitled ‘‘Audit of the Public Law 105–85; to the Committee on Na- of California; South Coast Air Quality Man- People’s Counsel Agency Fund for Fiscal tional Security. agement District [FRL–6001–3] received May Years 1995 and 1996,’’ pursuant to D.C. Code 9041. A letter from the Administrator, Pan- 6, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to section 47–117(d); to the Committee on Gov- ama Canal Commission, transmitting a draft the Committee on Commerce. ernment Reform and Oversight. of proposed legislation to authorize expendi- 9053. A letter from the Acting Inspector 9064. A letter from the Executive Director, tures for fiscal year 1999 for the operation General, Environmental Protection Agency, Committee for Purchase from People Who and maintenance of the Panama Canal, and transmitting the annual report to Congress are Blind or Severely Disabled, transmitting for other purposes, pursuant to 31 U.S.C. summarizing the Office of Inspector Gen- the Committee’s final rule—Additions to and 1110; to the Committee on National Security. eral’s work in the Environmental Protection Deletions from the Procurement List—re- 9042. A letter from the Secretary of De- Agency’s Superfund program for fiscal 1997, ceived May 7, 1998, pursuant to 5 U.S.C. fense, transmitting notification that the pursuant to Public Law 99–499, section 801(a)(1)(A); to the Committee on Govern- Secretary has approved the retirement of 120(e)(5) (100 Stat. 1669); to the Committee on ment Reform and Oversight. General George K. Muellner, United States Commerce. 9065. A letter from the Manager, Benefits Air Force, and his advancement to the grade 9054. A letter from the Administrator, En- Communications, Farm Credit Bank of Wich- of lieutenant general on the retired list; to vironmental Protection Agency, transmit- ita, transmitting the annual report for the the Committee on National Security. ting a report on the ‘‘Status of the State Ninth Farm Credit District Pension Plan for May 11, 1998 CONGRESSIONAL RECORD — HOUSE H3023 the plan year ending December 31, 1996, pur- purposes; to the Committee on Transpor- Limitations to Clinical Psychologists and suant to 31 U.S.C. 9503(a)(1)(B); to the Com- tation and Infrastructure. Clinical Social Worker Services [HCFA–3706– mittee on Government Reform and Over- 9077. A letter from the Secretary of Trans- F] (RIN: 0938–AE99) received April 27, 1998, sight. portation, transmitting a draft of proposed pursuant to 5 U.S.C. 801(a)(1)(A); jointly to 9066. A letter from the Administrator, Gen- legislation to direct the Secretary of Trans- the Committees on Commerce and Ways and eral Services Administration, transmitting portation to provide grants for planning and Means. the 1995–1996 report to Congress on programs project implementation to improve transpor- 9088. A letter from the Assistant Secretary for the utilization and donation of Federal tation at international border crossings and for Legislative Affairs, Department of State, personal property, pursuant to Public Law along major trade corridors, and for other transmitting the Department’s Federal 100–612, section 5 (102 Stat. 3181); to the Com- purposes; to the Committee on Transpor- Equal Opportunity Recruitment Program for mittee on Government Reform and Over- tation and Infrastructure. Fiscal Year 1997, pursuant to 22 U.S.C. sight. 9078. A letter from the Associate Deputy 3905(d)(2); jointly to the Committees on 9067. A letter from the Assistant Secretary, Administrator for Government Contracting International Relations and Government Re- Land and Minerals Management, Depart- and Minority Enterprise Development, Small form and Oversight. ment of the Interior, transmitting the De- Business Administration, transmitting a re- 9089. A letter from the Director, Office of partment’s final rule—Royalties on Gas, Gas port on Minority Small Business and Capital Government Ethics, transmitting a draft of Analysis Reports, Oil and Gas Production Ownership Development for fiscal year 1997, proposed legislation to amend the Ethics in Measurement, Surface Commingling, and Se- pursuant to Public Law 100–656, section 408 Government Act of 1978, as amended, to ex- curity (RIN: 1010–AC23) received April 24, (102 Stat. 3877); to the Committee on Small tend the authorization of appropriations for 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Business. the Office of Government Ethics through fis- Committee on Resources. 9079. A letter from the Secretary of Labor, cal year 2007, pursuant to 31 U.S.C. 1110; 9068. A letter from the Director, Office of transmitting the quarterly report on the ex- jointly to the Committees on the Judiciary Regulatory Management and Information, penditure and need for worker adjustment and Government Reform and Oversight. Environmental Protection Agency, transmit- assistance training funds under the Trade 9090. A letter from the Director, Office of ting the Agency’s final rule—Approval and Act of 1974, pursuant to 19 U.S.C. 2296(a) (2); Government Ethics, transmitting the Of- Promulgation of Implementation Plans; Or- to the Committee on Ways and Means. fice’s Fifth Biennial Report to the Congress, egon [OR 66–7281a; FRL–6006–8] received May 9080. A letter from the Assistant Secretary pursuant to Public Law 95–452, section 408 6, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to for Import Administration, Department of (102 Stat. 3032); jointly to the Committees on the Committee on Resources. Commerce, transmitting the Department’s the Judiciary and Government Reform and 9069. A letter from the Acting Director, Of- final rule—Antidumping and Countervailing Oversight. fice of Sustainable Fisheries, National Oce- Duty Proceedings: Administrative Protec- 9091. A letter from the Secretary of anic and Atmospheric Administration, trans- tive Order Procedures; Procedures for Impos- Transporation, transmitting the crude oil mitting the Administration’s final rule— ing Sanctions for Violation of a Protective tanker ballast facility study, pursuant to Fisheries of the Exclusive Economic Zone Order [Docket No. 960123011–8040–02] (RIN: Public Law 104–332, section 2(b)(2) (110 Stat. Off Alaska; Shallow-water Species Fishery 0625–AA43) received May 4, 1998, pursuant to 4081); jointly to the Committees on Trans- by Vessels using Trawl Gear in the Gulf of 5 U.S.C. 801(a)(1)(A); to the Committee on portation and Infrastructure and Resources. Alaska [Docket No. 971208297–8054–02; I.D. Ways and Means. 9092. A letter from the Secretary of Agri- 050198A] received May 7, 1998, pursuant to 5 9081. A letter from the Secretary of Health culture, transmitting a draft of proposed leg- U.S.C. 801(a)(1)(A); to the Committee on Re- and Human Services, transmitting a report islation to reform and improve the adminis- sources. on the initial estimate of the applicable per- tration of certain programs of the Depart- 9070. A letter from the Director, Office of centage increase in inpatient hospital pay- ment of Agriculture, and for other purposes; Surface Mining Reclamation and Enforce- ment rates for fiscal year (FY) 1999, pursuant jointly to the Committees on Agriculture, ment, transmitting the Office’s final rule— to Public Law 101–508, section 4002(g)(1)(B) Ways and Means, and Commerce. Louisiana Regulatory Program [SPATS No. (104 Stat. 1388—36); to the Committee on 9093. A letter from the General Counsel, LA–017–FOR] received May 6, 1998, pursuant Ways and Means. Department of Defense, transmitting propos- to 5 U.S.C. 801(a)(1)(A); to the Committee on 9082. A letter from the Secretary of Labor, als of legislation that address several man- Resources. transmitting the annual report on trade re- agement concerns of the Department of De- 9071. A letter from the Secretary of the In- adjustment allowances (TRA), pursuant to fense; jointly to the Committees on National terior, transmitting a draft of proposed legis- section 231(c) (3) of the Trade Act of 1974, as Security, Government Reform and Over- lation to compensate certain Indian Tribes amended; to the Committee on Ways and sight, and the Judiciary. for known errors in their Tribal trust fund Means. 9094. A letter from the Secretary of Trans- accounts, to establish a process for settling 9083. A letter from the Under Secretary for portation, transmitting drafts of 2 proposals other disputes regarding Tribal trust fund Acquisition and Technology, Department of of legislation, to establish a more effective accounts, and for other purposes; to the Defense, transmitting notification of a delay organization and financing structure for air Committee on Resources. in submitting the Annual traffic services and investments within the 9072. A letter from the Chief Justice, Su- Counterproliferation Review Committee Re- Federal Aviation Administration and to au- preme Court of the United States, transmit- port to Congress; jointly to the Committees thorize appropriations for the Federal Avia- ting amendments to the Federal Rules of Ap- on National Security and International Rela- tion Administration for fiscal years 1999— pellate Procedure that have been adopted by tions. 2002, pursuant to 31 U.S.C. 1110; jointly to the the Supreme Court of the United States, pur- 9084. A letter from the General Counsel, Committees on Transportation and Infra- suant to 28 U.S.C. 2072; to the Committee on Department of Defense, transmitting four structure, Ways and Means, the Budget, and the Judiciary. items of proposed legislation that address Rules. 9073. A letter from the Acting Assistant several concerns of the Department of De- f Attorney General of the United States, De- fense; jointly to the Committees on National partment of Justice, transmitting claims for Security and Transportation and Infrastruc- REPORTS OF COMMITTEES ON damages caused by the FBI, pursuant to 31 ture. PUBLIC BILLS AND RESOLUTIONS U.S.C. 3724(b); to the Committee on the Judi- 9085. A letter from the General Counsel, ciary. Department of Defense, transmitting several Under clause 2 of rule XIII, reports of 9074. A letter from the Attorney General, drafts of proposed legislation that address committees were delivered to the Clerk Department of Justice, transmitting the an- several management concerns of the Depart- for printing and reference to the proper nual listing of all grants awarded pursuant ment of Defense; jointly to the Committees calendar, as follows: to the DNA Identification Act of 1994, pursu- on National Security and International Rela- ant to 42 U.S.C. 3796kk–5; to the Committee tions. [Submitted May 8, 1998] on the Judiciary. 9086. A letter from the Chairman, Federal Mr. ARCHER: Committee on Ways and 9075. A letter from the Chairman, United Deposit Insurance Corporation, transmitting Means. H.R. 2431. A bill to establish an Office States Sentencing Commission, transmitting the 1997 annual report on the activities of of Religious Persecution Monitoring, to pro- the Commission’s amendments to the sen- the Federal Deposit Insurance Corporation vide for the imposition of sanctions against tencing guidelines, policy statements, and relating to the supervision of banks or de- countries engaged in a pattern of religious commentary, pursuant to 28 U.S.C. 994(p); to partments of banks that are operating as persecution, and for other purposes; with an the Committee on the Judiciary. municipal securities brokers or dealers, pur- amendment (Rept. 105–480, Pt. 2). Referred to 9076. A letter from the Acting Assistant suant to 15 U.S.C. 78w(b); jointly to the Com- the Committee of the Whole House on the Secretary (Civil Works), Department of the mittees on Banking and Financial Services State of the Union. Army, transmitting a draft of proposed legis- and Commerce. Mr. HYDE: Committee on the Judiciary. lation to provide for the conservation and 9087. A letter from the Secretary of Health H.R. 2431. A bill to establish an Office of Re- development of water and related resources, and Human Services, transmitting the De- ligious Persecution Monitoring, to provide to authorize the Secretary to construct var- partment’s final rule—Medicare Program; for the imposition of sanctions against coun- ious projects for improvements to rivers and Scope of Medicare Benefits and Application tries engaged in a pattern of religious perse- harbors of the United States, and for other of the Outpatient Mental Health Treatment cution, and for other purposes; with an H3024 CONGRESSIONAL RECORD — HOUSE May 11, 1998 amendment (Rept. 105–480, Pt. 3). Referred to Assmebly Joint Resolution No. 52 memori- rent Resolution No. 202 memorializing the the Committee of the Whole House on the alizing the Congress and the President of the United States to allocate funds for road ex- State of the Union, and ordered to be print- United States to act to vindicate the sailors pansion in Texas along the designated route ed. unjustly blamed for, and the sailors con- for transporting hazardous waste to the [Submitted May 11, 1998] victed of mutiny following, the Port Chicago WIPP project; jointly to the Committees on Mr. YOUNG of Alaska: Committee on Re- disaster, and to rectify any mistreatment by Commerce and National Security. sources. H.R. 2556. A bill to reauthorize the the military of those sailors; to the Commit- tee on National Security. f North American Wetlands Conservation Act 311. Also, a memorial of the House of Rep- and the Partnerships for Wildlife Act; with resentatives of the State of Vermont, rel- an amendment (Rept. 105–522). Referred to ative to House Resolution 39 memorializing ADDITIONAL SPONSORS the Committee of the Whole House on the the United States Congress to support legis- State of the Union. Under clause 4 of rule XXII, sponsors lation that will curtail this economic war- were added to public bills and resolu- f fare; to the Committee on Commerce. 312. Also, a memorial of the Assembly of tions as follows: PUBLIC BILLS AND RESOLUTIONS the State of California, relative to Assembly H.R. 230: Mr. MCINTYRE. Under clause 5 of Rule X and clause 4 Joint Resolution No. 47 memorializing the H.R. 965: Mr. BARR of Georgia. of Rule XXII, public bills and resolu- 50th anniversary of independence for the H.R. 1126: Mr. LAFALCE, Mrs. MEEK of Flor- ida, and Mr. MILLER of Florida. tions were introduced and severally re- State of Israel and looking forward to the celebration of the centurion in the Jewish H.R. 1401: Mr. BUNNING of Kentucky. ferred, as follows: calendar year 5808; to the Committee on H.R. 1404: Mrs. CAPPS. By Mr. SENSENBRENNER (for him- International Relations. H.R. 1524: Mr. PAPPAS. H.R. 1595: Mr. KINGSTON. self, Mrs. MORELLA, and Mr. COOK): 313. Also, a memorial of the Senate of the H.R. 3824. A bill amending the Fastener State of Georgia, relative to Senate Resolu- H.R. 1636: Ms. CARSON. H.R. 2077: Ms. ESHOO. Quality Act to exempt from its coverage cer- tion 662 memorializing Congress to oppose H.R. 2094: Mr. LEWIS of Georgia. tain fasteners approved by the Federal Avia- any effort to lift or weaken sanctions H.R. 2229: Mr. ANDREWS. tion Administration for use in aircraft; to against Cuba and not to take any other ac- H.R. 2409: Mr. WATTS of Oklahoma. the Committee on Science, and in addition tion to support Fidel Castro’s communist H.R. 2639: Ms. STABENOW. to the Committee on Commerce, for a period Cuba; and for other purposes; to the Commit- H.R. 2678: Mrs. MORELLA. to be subsequently determined by the Speak- tee on International Relations. H.R. 2829: Ms. DUNN of Washington. er, in each case for consideration of such pro- 314. Also, a memorial of the Legislature of H.R. 2869: Mr. PETRI. visions as fall within the jurisdiction of the the State of Alabama, relative to House H.R. 2948: Mr. SAXTON, Mr. SNOWBARGER, committee concerned. Joint Resolution 261 memorializing the Con- Mr. CLYBURN, and Mrs. MORELLA. By Mr. ANDREWS: gress of the United States to prepare and H.R. 3229: Mr. CANADY of Florida, Mr. H.R. 3825. A bill to amend the National submit to the several states an amendment LEWIS of Kentucky, Mr. PITTS, and Mr. GUT- Labor Relations Act to ensure that the Na- to the Constitution of the United States to KNECHT. tional Labor Relations Board does not de- add a new article; to the Committee on the H.R. 3230: Mr. CANADY of Florida, Mr. cline to assert jurisdiction over the horse- Judiciary. LEWIS of Kentucky, and Mr. PITTS. racing and dogracing industries; to the Com- 315. Also, a memorial of the General As- H.R. 3304: Mr. SHAW and Mr. FOLEY. mittee on Education and the Workforce. sembly of the State of Colorado, relative to H.R. 3494: Mr. MCINNIS. House Joint Resolution 98–1018, memorializ- By Mr. ANDREWS: H.R. 3614: Mr. HOYER, Mr. FILNER, Mr. H.R. 3826. A bill to amend the Davis-Bacon ing that the Colorado General Assembly does HILLIARD, and Mr. BATEMAN. Act to provide that a contractor under that not support at this time any Congressional H.R. 3674: Mr. OBEY. H.R. 3749: Mr. PETERSON of Pennsylania Act who has repeated violations of the Act action that would establish a national policy and Mr. FRANKS of New Jersey. shall have its contract with the United expanding taxation of the Internet and other H.R. 3794: Mr. MARTINEZ, Mr. BROWN of States canceled; to the Committee on Edu- interactive computer services; to the Com- California, Mr. STARK, Mr. WAXMAN, Mr. cation and the Workforce. mittee on the Judiciary. 316. Also, a memorial of the General As- TORRES, Mr. MATSUI, Ms. MILLENDER-MCDON- By Mr. ANDREWS: sembly of the State of Colorado, relative to ALD, Mr. DOOLEY of California, Ms. PELOSI, H.R. 3827. A bill to require the disclosure House Joint Resolution 98–1017 memorializ- Ms. LOFGREN, Mr. DIXON, Mr. FAZIO of Cali- under freedom of information provisions of ing the United States Congress to enact leg- fornia, Ms. ESHOO, Ms. SANCHEZ, Mrs. CAPPS, Federal law of certain payroll information islation reauthorizing the federal highway Mr. SHERMAN, Mr. LANTOS, Ms. ROYBAL-AL- under contracts subject to the Davis-Bacon program by May 1, 1998; to the Committee on LARD, and Ms. WOOLSEY. Act; to the Committee on Government Re- Transportation and Infrastructure. H. Con. Res. 52: Mrs. TAUSCHER, Mr. STU- form and Oversight. 317. Also, a memorial of the Legislature of PAK, and Mr. JENKINS. By Mr. ANDREWS: the State of Hawaii, relative to Senate Reso- H. Con. Res. 271: Mr. BLILEY, Mr. MENEN- H.J. Res. 118. A joint resolution proposing lution No. 76 memorializing the United DEZ, Mr. LEVIN, Mr. MANTON, and Mr. an amendment to the Constitution of the States Congress to enact legislation reau- MCNULTY. UnitedStates to authorize the line item veto; thorizing the federal highway program by H. Res. 399: Mr. UNDERWOOD. to the Committee on the Judiciary. May 1, 1998; to the Committee on Transpor- H. Res. 423: Mr. SOLOMON, Mr. ENSIGN, Mr. f tation and Infrastructure. PEASE, Mr. MILLER of Florida, Mr. WOLF, and 318. Also, a memorial of the Senate of the Mr. MORAN of Kansas. MEMORIALS State of Kentucky, relative to Senate Reso- Under clause 4 of rule XXII, memori- lution No. 195 memorializing the United f als were presented and referred as fol- States Congress to provide funding without lows: mandates to the Transportation Cabinet; to the Committee on Transportation and Infra- PETITIONS, ETC. 307. The SPEAKER presented a memorial structure. Under clause 1 of rule XXII, petitions of the Legislature of the State of Hawaii, rel- 319. Also, a memorial of the Senate of the ative to House Concurrent Resolution No. 141 and papers were laid on the clerk’s State of Georgia, relative to Senate Resolu- desk and referred as follows: memorializing the United States Congress to tion 591 memorializing Congress to reduce or restore food stamp benefits to legal, nonciti- eliminate the motor fuel tax on low sulphur 62. The SPEAKER presented a petition of zen immigrants who have been denied par- fuels as a means of encouraging their use and the Board of Supervisors of the County of ticipation in the federal Food Stamp Pro- achieving cleaner air.; to the Committee on Yuba, CA, relative to Resolution No. 1996–36 gram due to Public Law 104–193; to the Com- Ways and Means. petitioning the President and the Vice Presi- mittee on Agriculture. 320. Also, a memorial of the Legislature of dent of the United States to endorse and sup- 308. Also, a memorial of the Senate of the the State of Alabama, relative to House port the 940th ARW as the next KC–135 unit State of Georgia, relative to Senate Resolu- Joint Resolution 227 memorializing Congress to convert to R-model aircraft; to the Com- tion 492 memorializing the Congress of the to enact legislation to increase the volume mittee on National Security. United States to take immediate and appro- limits for the issuance of private activity 63. Also, a petition of the Legislature of priate action to have the State of Georgia tax-exempt bonds; to the Committee on Rockland County, New York, relative to res- declared an agricultural disaster area and Ways and Means. olution No. 103 petitioning the United States provide needed assistance to Georgia’s farm 321. Also, a memorial of the Senate of the Congress to ratify the Convention on the families; to the Committee on Agriculture. State of Hawaii, relative to Senate Resolu- Elimination of all Forms of Discrimination 309. Also, a memorial of the Senate of the tion No. 89 memorializing that the Depart- Against Women; to the Committee on Inter- Commonwealth of Massachusetts, relative to ment of Labor and Industrial Relations is re- national Relations. Resolutions memorializing the President and quested to develop a workable definition of 64. Also, a petition of the City Council of the Congress of the United States to shift the term ‘‘Hawaii resident’’; jointly to the Maple Heights, OH, relative to Resolution funds from the military to the states; to the Committees on National Security and Edu- No. 1998–32 petitioning their opposition to Committee on National Security. cation and the Workforce. the coverage of all state and local employees 310. Also, a memorial of the General As- 322. Also, a memorial of the Legislature of by Social Security; to the Committee on sembly of the State of California, relative to the State of Texas, relative to House Concur- Ways and Means. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, MONDAY, MAY 11, 1998 No. 58 Senate The Senate met at 12 noon, and was ing the Senate will be in a period of ordered the inspection and possible re- called to order by the President pro morning business until 2:30 p.m. Fol- placement of fuel tank wiring insula- tempore [Mr. THURMOND]. lowing morning business, the Senate tion in certain Boeing 737’s, 747’s and will attempt to enter into several time 767’s. The FAA order for 737’s required PRAYER agreements with respect to the high- immediate action on an estimated 152 The Chaplain, Dr. Lloyd John tech legislation. At approximately 3 U.S. registered Boeing 737–100 and –200 Ogilvie, offered the following prayer: p.m., the Senate will consider the agri- models with more than 50,000 hours of Almighty God, who calls strategic cultural research conference report, flying time. A second directive also or- leaders to shape history, we pray for and later this afternoon begin consider- dered the operators of 264 Boeing 747’s the women and men of this Senate. As ation of the missile defense bill. and 231 Boeing 767’s to inspect wiring we begin a new week, may they feel As a reminder, no votes will occur within 60 days. Yesterday, Sunday May 10th, the awe and wonder that You have chosen during today’s session, and any votes FAA ordered the immediate inspection them through the voice of Your people. ordered today will be postponed to for all older Boeing 737’s with between May they live humbly on the knees of occur on Tuesday, at approximately 12 40,000 and 50,000 flight hours. The FAA their hearts, honestly admitting their noon. Also, on Tuesday the Senate will ordered that the aircraft could not be human inadequacy and gratefully ac- attempt to reach a time agreement on the D’Amato breast cancer bill and operated in commercial service until knowledging Your power. Dwell in the mechanics could inspect, and repair, if secret places of their hearts to give may also consider the charitable con- tributions bill. During the latter part needed, the fuel tank wiring. The them inner peace and security. Help FAA’s action on Sunday came about them in their offices, with their staffs, of the week, the Senate may also con- sider DOD authorization. I thank my after initial inspections by the airlines in committee meetings, and when they found additional evidence of electrical are here together in this sacred, his- colleagues for their attention. Mr. President, I suggest the absence problems in the fuel tank wires. toric Chamber. Reveal Yourself to There is no question that the FAA’s them. Be the unseen Friend beside of a quorum. The PRESIDENT pro tempore. The actions inconvenienced a number of them in every changing circumstance. travelers yesterday. The decision by Give them a fresh experience of Your clerk will call the roll. The legislative clerk proceeded to the FAA to issue the emergency order palpable and powerful Spirit. Banish call the roll. was a tough call, but it was the right weariness and worry, discouragement Mr. FORD. Mr. President, I ask unan- call to make. It also demonstrates the and disillusionment. Today, may we imous consent that the order for the FAA’s continuing commitment to often hear Your voice saying, ‘‘Come to quorum call be rescinded. safety. me, all you who labor and are heavy The PRESIDING OFFICER (Mr. As Administrator Garvey said ‘‘Safe- laden, and I will give you rest.’’—Matt. THOMAS). Without objection, it is so or- ty is our highest transportation prior- 11:28. Lord, help us to rest in You and dered. ity’’. Her actions and words are to be receive the incredible resiliency You f commended. I wanted to come to the provide. Thank You in advance for a floor to recognize the actions of FAA truly productive week. In the Name of MORNING BUSINESS Administrator Garvey. She and her our Lord and Savior. Amen. The PRESIDING OFFICER. Under staff acted quickly and decisively. f the previous order, there will now be a Many of us around here have often period for the transaction of morning taken to the floor to say that the RECOGNITION OF THE ACTING business. FAA’s first priority should be safety. MAJORITY LEADER f And the actions taken by Adminis- The PRESIDENT pro tempore. The trator Garvey are a clear demonstra- able acting majority leader is recog- FAA’S ACTIONS ON BOEING 737’S tion to all of us that the FAA is vigi- nized. Mr. FORD. Mr. President, today, I lant in improving safety within the Mr. THOMAS. Thank you, Mr. Presi- want to take a few minutes to speak on aviation industry. The actions are also dent. the latest actions by the Federal Avia- clear evidence of a change in the cul- f tion Administration with respect to its ture of the FAA—that the agency is emergency inspection order of Boeing proactive in enforcing safety stand- SCHEDULE 737’s. ards. Mr. THOMAS. Mr. President, for the Last Thursday, May 7th, the FAA We should also acknowledge the ac- information of all Senators, this morn- issued an airworthiness directive which tions taken by the airlines and the

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

S4603 S4604 CONGRESSIONAL RECORD — SENATE May 11, 1998 Boeing Company. Working in partner- name that Randolph never tarnished As I mentioned, in 1947, Jennings ship with the FAA, these inspections and that he burnished brilliantly in his Randolph became an assistant to the were undertaken quickly and as a re- own career. President and Director of Public Rela- sult, a potentially disastrous situation I recall another story that Jennings tions for Capital Airlines—one of the was averted. Randolph sometimes told out of his companies that later formed United I, for one, feel re-assured this morn- boyhood in Salem, West Virginia. Ac- Airlines. In that position, for the next ing because of the actions taken by the cording to Jennings, Salem had a water eleven years, Jennings Randolph ad- FAA. I have always been confident that tower that stood high on a hill above vanced the airline industry here and FAA Administrator Garvey would do the town. abroad. While Jennings was with Cap- an outstanding job. Her actions over Jennings said that he told his father ital Airlines, however, he undertook the weekend have only deepened my and mother, ‘‘If I could just get a long one mission that places him on an confidence in and respect for her, and pole and * * * climb up on that tank, equal footing with Icarus—in bravery for the agency. and hold out that pole, I believe I could and, of course, Jennings was far more Mr. BYRD. Mr. President, I ask unan- touch the sky.’’ That is a story that successful than Icarus. On November 6, imous consent I may consume such shows the theme of this man’s life—the 1948, with a professional pilot at the time as I may require. tale of a boy who wanted to touch the controls, Jennings Randolph flew from The PRESIDING OFFICER. Without sky. And when that boy became a man, Morgantown, West Virginia, to the objection, it is so ordered. touch the sky he did. Washington National Airport in a pro- f Jennings Randolph graduated from peller plane fueled with gasoline made Salem College in 1924. From there he from coal. Now, that was just like Jen- EULOGY TO SENATOR JENNINGS went into newspaper work in Clarks- nings Randolph—out there pioneering, RANDOLPH burg, West Virginia, and later in Elk- not only in flight, but also in the use of ins. A short step more took him onto Mr. BYRD. Mr. President, it is my fuel in that plane that had a West Vir- the faculty of Davis and Elkins College sad duty to announce to the Senate the ginia Source—coal. Certainly, that as a professor of speech and journalism, death on last Friday of our former col- project was an act of faith, for which and the director of athletics. Working league, U.S. Senator Jennings Ran- many remember Senator Randolph. in that capacity, in 1932 Jennings Ran- dolph. With countless West Virginians, Not as well remembered is Congress- dolph was elected to the U.S. House of and with his many friends across man Jennings Randolph’s introduction Representatives, entering as a strong America, I am saddened by the passing in 1946 of legislation to create a Na- supporter of Franklin D. Roosevelt’s of my longtime friend. tional Air Museum. Three decades ‘‘New Deal,’’ and serving in the House Jennings Randolph was a man pos- later, on July 4, 1976, Senator Randolph sessed of a profound love for West Vir- until January 3, 1947. In 1947, he accepted a position as as- dedicated the National Air and Space ginia and for the Nation. More, he was Museum complex on the Mall in Wash- a man of seemingly boundless energy sistant to the President of Capital Air- lines and Director of Public Relations. ington—noted today as one of the most and limitless horizons. Both in Govern- popular tourist attractions in the Na- ment and in his several other fields of In 1958, however, Jennings Randolph returned to politics. He loved politics; tion’s Capital. interest and expression, Senator Ran- Jennings Randolph was an advocate he loved to ‘‘Press the flesh.’’ He dolph seemed constantly to be looking of numerous other items of vital legis- for ways to assist other people to couldn’t get politics out of his blood. So he won election to the U.S. Senate lation as well—legislation to aid the achieve their own potential, or for ave- handicapped and black lung victims, nues by which others might attain a to complete the unexpired term of the late Senator Matthew Mansfield Neely legislation to promote clean water and better life for themselves. He was, clean air, legislation to provide voca- paradoxically perhaps, an indefatigably from West Virginia. On November 5, 1958, Jennings took the oath of office tional and career education, and the optimistic realist. Jennings Randolph legislation that created the National knew that life often demands struggle as U.S. Senator. Elected in that same election for a Peace Academy in 1983. and many times ends in defeat; but for full Senate term, for 26 years, I shared In announcing his decision not to run every problem, Jennings believed that with Jennings Randolph the privilege for reelection to the Senate in the 1984 good-willed, intelligent, and decent of representing and serving West Vir- race, Jennings said, ‘‘* * * It’s been a men and women could find solutions to ginia in the United States Senate. That happy road. I have no regrets. * * * I their mutual and individual problems, partnership I shall cherish always. No believe the Bible says there is a season if they united their talents in a mutual man could have asked for a more gen- and a time for every purpose. It is time effort to overcome frustration or evil, erous, dedicated, or thoughtful col- for me not to run for reelection.’’ or if they but reached into their deep- league than I had in Jennings Ran- That ‘‘happy road’’ was an unparal- est resources of character. dolph. And I know from my own experi- leled example of citizenship and public An educator, writer, public speaker, ence that Jennings Randolph was cer- service. In an era in which so many aviation enthusiast, corporate execu- tainly a man whose touch reached the seem preoccupied primarily with grasp- tive, a Representative and a Senator, sky. In West Virginia to this day, thou- ing and grabbing for themselves, Jen- Jennings Randolph was a master of sands of people bless his name for the nings Randolph was committed to ex- many talents. I was honored to serve deeds that he did for them as a friend erting himself—his intellect, his en- with him as a colleague, and honored and as a faithful public servant. ergy, and his considerable talents—on to call him my friend. One of Jennings Randolph’s greatest behalf, and in behalf, of his fellow citi- If events can foreshadow destinies, areas of ongoing contribution was to zens, his fellow West Virginians, his perhaps Jennings Randolph’s destiny the development and advancement of fellow Americans, his fellow human was outlined at his birth, 96 years ago, air flight. beings. in 1902. One of Senator Randolph’s fa- Some may recall the ancient Greek Jennings lived a long time—a full ther’s closest friends was the great Wil- myth of the flight of Icarus. According and active life. But all of us, high and liam Jennings Bryan. Jennings was to that legend, Icarus attempted to fly, low, rich and poor, must one day say fond of recounting the anecdote that using wings attached to his body with goodby to friends and loved ones in this his father was with Bryan shortly after wax. earthly life and make our journeys to Jennings’ birth. When told of the arriv- Icarus flew, to be sure. But Icarus that unknown bourne from which no al of a new Randolph male, Bryan flew too close to the sun. The sun melt- traveler returns. asked Mr. Randolph, ‘‘Have you named ed the wax on Icarus’s wings, and he It was on last Friday morning that this boy?’’ ‘‘No,’’ the father replied. fell into the sea. the pallid messenger with the inverted ‘‘Then why don’t you give him part of Early on, Jennings Randolph became torch beckoned Jennings to depart. my name as a good Democrat?’’ interested in flight. Fortunately for Jennings’ passing reminds me of So Jennings Randolph received his him and for us, Jennings went about Thomas More’s lines. name from the perennial Presidential getting into the air more safely than When I remember all candidate, William Jennings Bryan—a Icarus did. the friends so linked together May 11, 1998 CONGRESSIONAL RECORD — SENATE S4605 I’ve seen round me fall I think the sad news, of course, is him about it. It is something that, bet- like leaves in wintry weather that he is no longer with us. The good ter than anything I could say, charac- I feel like one who treads alone news is, in talking with one of his two terizes the nature of the generosity of some banquet hall deserted sons Jay and Frank—and the Senator this man, which was counteracted on whose lights are fled whose garlands dead from West Virginia talked with Jay— the other side by a ferocity of intensity and all but he departed . . . he said he died very peacefully on Fri- about his work. Whether Jennings, on that last morn- day. He was a great defender of all 13 It is very hard to make any other ing, saw a more glorious sun rise with States in the Appalachian Regional case, but this man was a giant in legis- unimaginable splendor above a celes- Commission, including the State of lative history, and one could say for no tial horizon; whether his dexterous and Mississippi. other reason than he served for as long disciplined faculties are now contend- It was a very interesting decision, in as he did, simply to say, ‘‘I served with ing in a higher senate than ours for su- fact, when Senator Randolph decided Franklin Delano Roosevelt.’’ How premacy; whether he yet remembers us to resign. I now can tell a story which many times did I hear him talk about as we remember him, we do not know. I have never told before because it was Franklin Delano Roosevelt? These questions are much like the one of such exquisite sensitivity on the He was by nature a man who believed question that came from the lips of part of the then-senior Senator from in government—and he was very much that ancient patriarch, a man of Uz, West Virginia, Senator Randolph. a Democrat that way, although he was whose name was Job, ‘‘If a man dies, No Governor has ever been elected to a conservative Democrat on many so- shall he live again?’’ the U.S. Senate from the position of cial issues—in terms of what is it the But we have the consolation ex- Governor of West Virginia. It has never people need, what is it the people shall pressed by that same man of Uz, happened in our history. There are rea- have, what is it that I think I can help Oh that my words were written in a book and sons for that. In any event, my term them get. In fact, when he made that engraved was expiring as Governor in 1984, and I decision not to run, our unemployment With an iron pen, and wanted very much to run for the Sen- rate in West Virginia was somewhere lead in the rock forever, ate, but, on the other hand, Senator around 17 or 18 percent. Government For I know that my Randolph was a very, very formidable was very important to Senator Ran- Redeemer liveth and that Senator, obviously a powerful commit- dolph, and he led his life and his legis- in the latter day he shall tee chairman, had been in the Congress lative life very much with that in Stand upon the earth. longer than anybody. He was the only mind. So, Jennings Randolph has crossed person to reach back to the original He and Senator BYRD were elected at the Great Divide. first days of Franklin Delano Roo- the same time in 1958 because there I think of others who were serving sevelt, Jr., and he was literally at was a special vacancy because of a spe- here when Jennings Randolph and I Franklin Roosevelt’s side on a number cial circumstance. took the oath of office to serve in this of occasions when he signed bills. This Positive, civil, courteous, and kind Chamber. It was almost 40 years ago. I is an enormous bridge of history and he was. I asked, before I arose to make remember Senators on both sides of the these remarks, where he sat, and I was aisle: Senator Aiken, Senator Anderson bridge of spirit. I think he wanted to informed that he sat in five different of New Mexico, Senator Harry Byrd, rerun for another term. I don’t know desks. One of them, I think, is the desk Sr., of Virginia, Senators Capehart of that, but it is my feeling that he did, from which Senator LEVIN from Michi- Indiana, Chavez of New Mexico, Cooper because he was a very young 84. Any- gan just spoke. of Kentucky, Dirksen, Douglas of Illi- one who knew Jennings Randolph knew Over his time here, he insisted on nois, Eastland, Ellender, Fulbright, him to be hardy, vigorous, strong, and courtesy in the Senate, something Hayden, Hennings of Missouri, very much in love with his job. which has been paralleled by his col- Hickenlooper of Iowa, Hill of Alabama, He, understanding my interests, and league, Senator BYRD, for so many Holland of Florida, ‘‘Scoop’’ Jackson of my understanding his interests, he years. I am told by my father-in-law, Washington, Johnson of Texas, John- being obviously by far in the stronger Senator Percy, who was also his very ston of South Carolina, Langer of position, asked me to come have break- close friend, that he would often get up North Dakota, McClellan of Arkansas, fast with him at his hideaway. Being and insist on order in the Senate. He Magnuson of Washington, Wayne Morse senior, he had a very nice hideaway. I of Oregon, Murray of Montana, Willis had never been to a hideaway before, was very much a stickler for protocol Robertson of Virginia, Richard Russell, and rarely have been to one since. He and order and also for voting from his Saltonstall of Massachusetts, Stennis had a nice breakfast served there. or her desk, which is something that of Mississippi, Symington of Missouri, There was pleasant conversation. He Senator BYRD also feels very strongly and Milton Young. All of these, and was very relaxed. Then he simply about. others, were here. turned to me and he said, ‘‘Jay, would I remember a Senator of kindness, of Of that illustrious band which sat in you like to be the next Senator from good humor who was always in an ebul- this Chamber when Jennings Randolph West Virginia?’’ lient mood, who actually bounced and I first entered the Senate, only I said ‘‘Senator, yes, I would, but not sometimes when he talked he was so STROM THURMOND and I remain here. if you, Senator Randolph, want to run enthusiastic about what he was doing. But he demanded dignity in the treat- They are drifting away, these friends of old for reelection.’’ And I meant that. Like leaves on the current cast; Without really pausing anymore than ment of others. He demanded respect in With never a break in their rapid flow, I had, he said, ‘‘Well, I think you the treatment of others. He was very We count them, as one by one they go should be the Senator.’’ old-fashioned in his ways and, thus, I Into the Dreamland of the Past. If one thinks back as a Senator of think we miss him even more these Erma and I extend our condolences to what one has known over the years, it days. Jennings’ two sons, Jay and Frank, and is very rarely that a Senator who has He did many things. He was always to others of his family. spent virtually all of his life in public open to new ideas. He actually, more Mr. ROCKEFELLER. Mr. President, service willingly, generously, and than 50 years ago, flew an airplane for it probably would not have been within warmly gives up his seat, which prob- some distance that was powered en- the nature of the Senator from West ably could have been his again, in order tirely by methanol. One, he knew how Virginia, Senator Jennings Randolph, to step aside for somebody somewhat to fly an airplane, which was unusual; to object to something that was about younger. two, he flew an airplane which was to be said about one of his departed That is not a story I have ever heard powered by methanol, which was al- colleagues. He was not like that. But I told before because I am not sure it has most unprecedented. He involved him- need to report to you, as of course our happened before, but it is a story that self at a very early age, and he did so colleagues know, that Senator Ran- I am very proud to say today because I with extraordinary effectiveness. dolph has died. My colleague, Senator told Senator Randolph’s son, Jay, that I could talk for an hour, which I will BYRD, spoke to the subject, and did so I wanted to tell it today. Jay knew not, about what he accomplished. Ev- very eloquently. about it because his father had told erybody knows that he really was the S4606 CONGRESSIONAL RECORD — SENATE May 11, 1998 founder of the Appalachian Regional the age of 30. One can do that these very pleased to have been able to be Commission, which has done so much days, although one cannot go much here for a few minutes to hear the Sen- to help not only the State he loved, younger than that legally. But then it ator’s very fine speech. West Virginia, but 12 other States in was extraordinary, it was extraor- Mr. President, I yield the floor and addition to that. He was a principal ar- dinary to be able to do that. And I indi- suggest the absence of a quorum. chitect of the Interstate Highway Sys- cated he has two sons, Jay and Frank. The PRESIDING OFFICER (Mr. ROB- tem which helps to place him in time, So more than 50 years later, I think ERTS). The clerk will call the roll. because that was done during, as we the occupant of the Presiding Officer’s The legislative clerk proceeded to know, the middle and late fifties. chair will understand that it is quite a call the roll. I think the proudest of all of his feeling for me to have succeeded him, Mr. THOMAS. Mr. President, I ask achievements, or the one that caused to have been allowed to succeed him by unanimous consent that the order for him to talk the most and to be the his own gesture of generosity and, the quorum call be rescinded. most enthusiastic about, was the 26th frankly, just to be able to succeed him. The PRESIDING OFFICER. Without amendment. He was the author and the He is long remembered in this body, objection, it is so ordered. The distin- driver of the 26th amendment which as well as in the House, for the very ex- guished Senator from Wyoming is rec- gave 18-year-olds the right to vote in ceptional nature that he had: High op- ognized. this country. timism, great confidence, enormous be- Mr. THOMAS. Mr. President, I ask He protected the environment with lief in country, and his absolute love unanimous consent that I be allowed to ferocity. He was tremendously inter- for his State. He also—and I will say speak as in morning business for as ested in coal, as well as the environ- this in closing—he had a great love for much time as I may need. ment, in worker safety and, as I have his profession. And in that I think The PRESIDING OFFICER. Without indicated, in aviation issues, and in many of us join him. He was not one of objection, it is so ordered. just simply countless other areas. those who felt being in public service Mr. THOMAS. Thank you. He was prodigious in his volume of was some kind of a second choice; I f output. Of course, that was, in part, be- think he felt it was the best choice of TRIVIALIZING GOVERNANCE cause he was chairman of a very power- all. ful committee, and he was chairman of He was somebody who honored his Mr. THOMAS. Mr. President, we are that committee for a very long time. craft, who brought great distinction to not moving along too quickly this That was in the days when the Senate his craft, who never compromised on morning, so I thought I would take an tended to be more in control by one his principles. And when he faced a opportunity to visit about an observa- party than the other for a very long West Virginia audience or a Senate tion that I have made. We had a few time. He worked with the Scoop Jack- Chamber, he could stand tall and moments ago the remarks by the good sons and the Lyndon Johnsons and all strong and broad shouldered, as he was, Senator from West Virginia about the of the others. They were able to accom- and do his work, because he knew he passing of a former Senator from his plish an enormous amount. He did that was doing work which was enormously State. He talked a bit about the past, a and he loved it—he simply loved doing important for helping the people that bit about the history of the Senate, that. He simply loved laying pavement he so loved from the State of West Vir- and it was extremely interesting. This out across the wide horizons of our ginia. place, of course, is filled with history, country. So this is a day and a time that we it is filled with tradition, and that is There was an interesting aspect to have reason to reflect on Jennings good. Senator Randolph. He was intense Randolph and what made him an excep- On the other hand, there are changes about all of his work, but he was very tional person. It is sad, I think, this that have taken place, and one of them much of a U.S. Senator from the State tradition in the Senate when we do this is a little troubling to me. It does seem of West Virginia. He accepted full re- about Senators when they die. It would as if we are increasingly moving gov- sponsibility for the title ‘‘U.S. Sen- be almost impossible to create a tradi- ernance into more of show business and ator’’ and acted on all matters that re- tion where we did that while they were into more of political spin, more of lated to that with incisiveness and still living. But it would be nice if they promotion, more of advertising than careful thought. But he liked to say— could hear what it was that we say really dealing with issues based on the and often said, and said with great about them. And I suspect that Senator facts and how they impact us. pride—quoting him—‘‘I essentially am Jennings Randolph is able to hear and The basic principle, of course, of our a West Virginia Senator. I’m not what to know on this day, and days to suc- historic democracy, thankfully, con- you’d call a national Senator or inter- ceed, what his colleagues think about tinues to exist, and we must insist that national Senator.’’ I think if he were him. it does continue to exist—the idea of a here today, I am not sure the words I personally am grateful to him for government by Constitution and adher- would be that different. many reasons, as I think should be ing to the basic tenets of the Constitu- And to understand that one has to very obvious. I am not sure that I tion, the separation of institutions understand his roots. He was born in would be here if it were not for Jen- that provide some semblance of power this tiny community of Salem, WV, nings Randolph. And I know that my division among the executive and the which is now the home of probably as colleagues join me in our prayers and legislative and judicial branches; the many Japanese students in a Salem- our thoughts for his family and in idea of public access, that people have Tokyo University setting as reside thanking Jennings Randolph for his an opportunity to participate fully in anywhere else in this country. His fa- enormous contribution to a craft which government, that people have an op- ther was the mayor of Salem. He was we call public service. And we do that portunity to have the background and born with very little money, and he with honor and pride. the facts that are necessary to partici- worked his way in farm jobs. He knew I thank the Presiding Officer. pate; the idea of disclosure—we talk agriculture very well. He worked for Mr. WYDEN addressed the Chair. about that a lot—majorities deciding anybody who would give him a job to The PRESIDING OFFICER. The Sen- the direction that we take in this coun- put a few dollars in his pocket so he ator from Oregon is recognized. try based on facts, rule of law. In short, could further his education and im- Mr. WYDEN. Thank you, Mr. Presi- a government of the people, by the peo- prove his possibilities. I liked that dent. ple and for the people, of course, and about him, because he was utterly a Before the Senator from West Vir- these are basic elements of democracy. rural Senator, but with an urban reach ginia leaves the floor, let me say I An informed public is essential to when it came to the national part of thought he was extraordinarily elo- that government of the people. Iron- his responsibilities. quent. I got a chance to know Senator ically, technology, which has provided He started in journalism and was al- Randolph a bit as a Member of the us with the greatest opportunity to ways a prolific writer. He married House. And the Senator’s statement know more about what is happening Katherine Babb and won election to here today really sums up the extraor- more quickly than ever—can you imag- the House of Representatives in 1932 at dinary qualities of this great man. I am ine what it must have been like 100 May 11, 1998 CONGRESSIONAL RECORD — SENATE S4607 years ago to be home in Wyoming and sylvania, things that work in New which enforces it, an opportunity for wonder what is going on in Washing- York, do not necessarily work in Wyo- people to voice their opinions and an ton? I suppose there was some comfort ming or Nevada or Kansas. So we are opportunity for people to be informed in that, as a matter of fact, but, never- better off, in many instances, to say, as they form these opinions. These are theless, it is quite different than what ‘‘Wait a minute. This service can bet- the things that I think are important we have now. We have now the greatest ter be delivered on the basis of a State to our democracy and I am very inter- opportunity in history for people to solution, although the politics of it is, ested in maintaining. know what is happening and to know ‘Let’s get on TV and say we’ll fix it for Mr. President, I yield the floor. instantly what is happening. If a deci- you,’ ’’ even with no expectation of Mr. BENNETT addressed the Chair. sion is made in Israel this morning, having it happen. The PRESIDING OFFICER. The dis- minutes later, the whole world, of So I think we are finding more and tinguished Senator from Utah is recog- course, is familiar with it. more of that. And it just seems to me nized. Unfortunately, the same technology that it is something we ought to really Mr. BENNETT. Mr. President, am I that has provided us the opportunity to evaluate, this idea that we watch the correct that I am recognized by pre- know so much more has accommodated polls, find an issue, go to the TV, say vious order for 15 minutes? and, in fact, I suppose, engendered we will fix it, and then beat up on ev- The PRESIDING OFFICER. The Sen- some of the changes that are taking erybody who really does not agree with ator is correct. place in terms of the promotion of that, without having any genuine— Mr. BENNETT. I thank the Chair. ideas and our method of governance. genuine—debate or discussion or analy- f Unfortunately, spinning, promotion, sis of how we best deal with the prob- THE Y2K PROBLEM and media hype have replaced real de- lem and where it works. bate based on the issues, and that is Generally, these are things that are Mr. BENNETT. Mr. President, I rise too bad. It seems to me that this ad- done certainly in a broad context. Ev- because this is an anniversary date, ministration and, I must say, my eryone cares about children, so if you not an anniversary of something that friends in the minority, have perfected have a proposal on children—and to happened in the past but an anniver- the idea that success is not policy or suggest that we do not is offensive to sary of something that is going to hap- success is not finishing the job; success me. Everybody cares about child care, pen in the future. This is an anniver- is having an opportunity to spin an but where is it best dealt with? Every- sary that is counting backwards. De- issue on the evening news; success is body cares about health care. Where is pending on how you count it, this is ei- getting coverage on the 5 o’clock na- it best provided? Everybody cares ther day No. 599 or day No. 600; 599 to tional report. If polls indicate there is about secondary and elementary edu- the 31st of December, 1999, or 600 days an issue out there in which people are cation. Where do we best deal with it? prior to January 1, 2000—the day of the interested and it is currently being dis- It is not enough just to say, ‘‘We’ve got great New Year’s Eve party that every- cussed, this administration is quick to a problem. I want 100,000 teachers; I body is reserving their time for in describe the problem and promise a want the Federal Government to pay Times Square, in the various hotels in Federal solution with lots of Federal for it. It will become a mandatory pro- New York. But it is also a day that we money—‘‘We’ll fix it for you.’’ gram, and we have more and more Fed- need to look forward to with some con- Often there is no plan presented to eral control.’’ cern because of what has come to be deal with the problem. There is gen- Those are the debates. Those are the known as the millennium bug, the year erally no real proposal to implement, debates. I guess it troubles me because 2000 problem, or, as the computer peo- nothing is laid before the Congress. we sort of trivialize governance with ple abbreviate it, Y2K. Frankly, there is really no expectation this business of applying the media I used the phrase ‘‘Y2K,’’ and my wife that anything is going to happen; that technique. I understand that the mi- said, ‘‘What are you talking about? the idea is, ‘‘Here’s the problem, here’s nority—and Republicans have been in What does it stand for?’’ Well, the ‘‘Y’’ what the polls have said; we’ll fix it.’’ the minority, of course. For the minor- stands for ‘‘year;’’ ‘‘2’’ and ‘‘K,’’ for And if you don’t agree with that, sud- ity it is easier to make proposals. It is ‘‘kilo’’ or 1,000 years—2,000—so it short- denly you are out of step with the easier to throw stones and things be- ens it. Call it Y2K. She stopped and world. So success is measured in media cause you do not have the responsibil- thought about it a minute, and she rather than solutions. Unfortunately, I ity to finish it up. said, ‘‘Y2K or year 2000, you only save think we see more and more of that. So it is, I think, an interesting kind one syllable. What’s the point?’’ Never- It is interesting to me, because, de- of thing and one that I believe has theless, that is what it has come to be pending upon your point of view about some bearing on us really solving prob- known as. government, there are problems and lems here. I think it is something we As the chairman of the newly created there are appropriate ways to fix them all ought to give some consideration to committee dealing with this challenge and appropriate ways to deal with so that we begin to say to ourselves, here in the Senate, I want to take this them. Of course, it is true that people ‘‘Here’s the problem. How do we best anniversary date to bring the Senate have different views about that. There resolve it?’’ not just ‘‘How do we get and any who are listening over C– are those who believe the Federal Gov- the best 5 o’clock news out of it?’’ Suc- SPAN out in the country as a whole up ernment ought to be the primary fixer cess should not be how much media to date on where we are with the Y2K of whatever the problem. That is a le- coverage; success ought to be dealing problem. gitimate liberal view. There are those with the problem, trying to resolve it First, let me outline the dimensions who believe that it is more likely to with real debate, real desire to put it of the problem. A lot of people say, find satisfactory solutions if you go to where it belongs. Many problems are ‘‘Oh, yes; we understand it. It is simply the State, the local government, or the best solved in the private sector, best that computers are geared to handle private sector. That, I guess, is a more solved in State and local government, the date with two digits instead of conservative view. But more important best solved—some—by the Federal Gov- four.’’ So 1998 would be in the computer than the philosophy, I think it is ap- ernment. And those are the decisions as ‘‘98’’ instead of ‘‘1998.’’ And that propriate that when you have some- that we should make. means when you get to the year 2000, thing you want to deal with, we ought So, Mr. President, as we move for- the ‘‘00’’ to the computer means ‘‘1900’’ to talk a little bit about where it can ward I hope that we do maintain the because the ‘‘19’’ is assumed in ad- most appropriately be fixed. elements of democracy. I have had the vance. Should it be done at the Federal Gov- occasion, being chairman of a sub- Actually, it is more serious than ernment level? Should it be the kind of committee on Foreign Relations, to go that. There are three areas of concern program that is one size fits all? I am some places where they do not have de- about Y2K. very sensitive about that, I suppose, mocracy. And obviously the things The first one, of course, is the soft- being from Wyoming. We are the small- that keep them from that is not having ware concern that I have already men- est, population-wise, State in this a constitutional government to which tioned. The software is programmed country. So things that work in Penn- people can adhere and a rule of law with two digits for the date instead of S4608 CONGRESSIONAL RECORD — SENATE May 11, 1998 four. If you do not change the software any organ accompaniment to it on Jan- doing what we can to try to expose in- program, the computer runs into prob- uary 1, 2000.’’ That shows how ubiq- formation about and get people worried lems and starts to do very strange uitous the problem of the embedded and working on it. things when it hits the year 2000. That chips can be and how it can show up in Second is telecommunications. What is the first area, the area we have been places no one would ever think. happens if you pick up the phone on focused on. I said there were three areas of con- January 1, 2000, and you cannot get a Since I have been involved in this cern. I talked about the software and dial tone? I don’t think that is going to issue—and it has been almost a year the embedded chips. What is the third? happen in the United States. But the since I began to focus on it—I have dis- This is the area of connections. Every- evidence is fairly clear that it is going covered there were two other areas. So thing in the computer world is con- to happen in some countries. If you are in addition to software, you have a nected to everything else in one way or running a multinational organization, hardware problem symbolized in the another. I was at the Defense Depart- be it the Defense Department or a cor- phrase ‘‘embedded chips.’’ These little ment talking to those officials about poration, and you pick up the phone tiny chips that drive the computers, their Y2K problem and made the com- and you cannot get a dial tone in var- the miracles of the modern techno- ment about how difficult it will be in ious parts of the world, you are in seri- logical age, very often have a date our defense establishment if, on Janu- ous trouble. So, behind utilities, we are function built into them. And, again, ary 1, the screen goes blank, the var- looking next at telecommunications. in order to save space on the chip, the ious screens that handle the computer- Third, transportation. Instantly peo- date function is built in with two dig- ized information, in our defense estab- ple think of the FAA and the inability its. lishment. of the air traffic control system to con- Where are the embedded chips? They Deputy Secretary Hamre said, ‘‘No, trol airplanes, and that is a concern, are embedded everywhere. Andy Grove, Senator, if the screen goes blank, while but what about shipping on the high the CEO of Intel, the largest producer that is a problem, it is not a catas- seas—global positioning systems that of chips in the United States, was here trophe; because if the screen goes all have chips in them that control the in Washington a week or so ago. He blank that tells you you have a prob- navigation of the oil tankers and the was asked, ‘‘How serious is the Y2K lem in that particular piece of equip- other freighters that are moving com- problem?’’ He said, ‘‘It is very serious. ment. The thing we are worried about merce all over the world? Here in the And the reason is’’—he is focusing on is if the screen does not go blank, the United States the railroads are heavily the chip side—‘‘you don’t know where computer continues to operate, but an- dependent on computer systems to the embedded chips are embedded.’’ other computer system to which it is route the traffic that produce the ship- ‘‘For example,’’ he said, ‘‘the thermo- connected starts feeding it inaccurate ment of the heavy materials that keep stat in your home may not work after data.’’ If the computer continues to our Nation going. Transportation is New Year’s Eve, 1999.’’ Now, it will not function, make its calculations that clearly No. 3 following utilities and do you any good to call the manufac- ‘‘zero zero’’ really does mean 1900 and telecommunications. turer of the thermostat and ask him, begins to give you bad information, No. 4 is the area that got me inter- because the manufacturer himself does that could contaminate your entire ested in this problem in the first place, not know. The chips were purchased, database. That, he says, is a bigger the financial services. What happens if put into the thermostat, without con- concern than if the screen goes blank. the banks cannot clear checks? What cern as to whether or not they had a Frankly, that had not occurred to me. happens if there can be no electronic date function. And if the manufacturer I was able to add, unhappily, a third transfers of funds? I am happy to re- got some chips that had date functions category of concern—software, hard- port that I believe we are fairly well in them and put those chips into your ware in embedded chips, and now con- along the road toward getting this thermostat, you are going to be very nections. problem solved. We have had seven chilly on New Year’s Day in the year What are we looking at in our special hearings in my subcommittee on the 2000. And there is no way of knowing in committee with respect to the year Banking Committee on this issue, but advance whether that is going to hap- 2000 problem? I have divided it up into we cannot relax here, either. The finan- pen. seven areas and prioritized these areas. cial services clearly come in as the No. That can be a nuisance for you, it We will look at them in the following 4 concern. can be a life-or-death situation for order to try to see what we can do to Then, No. 5, general government some people, and it can be an enormous avert disaster in the next 599 days—all services, not only Federal but State manufacturing challenge where we are the days that are remaining to us. Ob- and local, as well. What happens if in storing and refrigerating meat and viously, we would like to pass a resolu- our large cities the county government other perishables that are dependent tion saying that we have an extra 2 or cannot distribute welfare checks, the on those embedded chips. It can be a 3 years. We do not, no matter what the county government cannot handle food life-or-death situation for an auto- Congress does, no matter what the stamp distribution because of comput- mobile manufacturer whose entire President does, no matter what any- erization of the way that situation is plant is now automated with robotics, body else does, we have 599 days and handled? What happens if HCFA, the all of which have embedded chips. counting down, inexorably from right Health Care Financing Administration, So, as I said, Mr. President, it is not now. cannot handle reimbursement of Medi- just the software that needs to be These are the areas of concern. No. 1, care or Medicaid funds? I have talked changed, as the first of these three utilities. If the power grid goes down to hospitals and other health care pro- areas of concern; it is also the embed- because of connections in the comput- viders that are dependent on HCFA re- ded chips that need to be found and ers or because of embedded chips in imbursements for their cash flow pro- dealt with. certain power plants that shut those jections and they use the HCFA cash As a final footnote to this, I was dis- power plants down because of bad soft- flow to do such things as purchase ordi- cussing this whole Y2K issue with an ware somewhere, then it is all over. It nary supplies for running the hospital. individual at the Church of Jesus doesn’t matter if every computer in the The whole health care system could Christ of Latter Day Saints, more com- country is Y2K compliant if you can’t grind to a halt if the government serv- monly known as the Mormon Church, plug it into something. So we are fo- ices in this area are not made Y2K the largest church in the State which I cusing first and foremost on utilities compliant. The doctors who I have represent, asking him how prepared the and not just power. The water treat- talked to tell me we have long since church was. Fortunately, it was good ment system in every municipality in quit dealing with HCFA with paper. All news. He said the church was quite pre- this country is computer driven and of our interconnections with HCFA are pared. But he said, ‘‘We have identified, has the potential of being upset be- electronic, and if that system goes among other things, two embedded cause of embedded chips and bad soft- down, the ripple effect will be tremen- chips in the tabernacle organ, which if ware. Utilities, therefore, are at the dous. we do not replace means that the Mor- top of the list of the things we are ad- Next, general manufacturing. For- mon Tabernacle Choir will not have dressing in our committee and are tune magazine had an article on their May 11, 1998 CONGRESSIONAL RECORD — SENATE S4609 web site pointing out how much trou- he was accurate. Of course, that is a Mr. BENNETT. Mr. President, I ble General Motors is in. I don’t mean true summation of where we are. thank my friend who has been very in- to single out General Motors because I Yet when I made that comment to dulgent in my obsession with this issue think every manufacturer has the same another friend of mine, he said some- in the subcommittee of the legislative kind of problem. In today’s world, thing that I think summarizes exactly branch of appropriations. In the spirit where computers are available, we op- the challenge we are facing. He said, of what I just said about reports, I can erate a just-in-time inventory system ‘‘No, BOB, that is not true. We have a report to the Senate that he and I where you do not have huge stockpiles historic example. I said, ‘‘What is it?’’ heard testimony before our last appro- of spare parts out on the back lot any- He said, ‘‘the Tower of Babel.’’ He said, priations subcommittee that the Sen- more. With the computer, you have it ‘‘The people got together and decided ate will indeed be Y2K-compliant in the worked out with your supplier that they were going to build a tower to year 2000. The Sergeant at Arms, the your spare parts arrive just in time for heaven, and God didn’t like it, so he Secretary of the Senate, and others, you to put them in your final manufac- fixed it so they could not talk to each have focused on the priorities and are turing product. The just-in-time manu- other and that ended it.’’ He said, doing the things necessary to get us facturing system shuts down alto- ‘‘That is the paradigm of what we are there. They are changing the comput- gether and the manufacturing shuts dealing with here, Y2K.’’ We are facing ers in the Senate at the rate now of down. General Motors has done a sur- the possibility that after January 1 we about a thousand a month. I was star- vey of every one of their manufactur- cannot talk to each other because the tled, as I think my friend, Senator ing plants and they have found embed- world is all wired by computers, and if, DORGAN, may have been, to learn that ded chips in every one of their robotic indeed, that turns out to be the case, as there were close to 9,000 computers in systems. If they do not get this prob- was the case in Genesis, that will end the Senate; that is 90 for each Senator. lem solved, they will not be able to it. I didn’t think we needed that many. produce an automobile after January 1, I am hoping that everyone recognizes But there are. They are being made 2000. this anniversary for what it is—a mile- Y2K-compliant at the rate of about a And then, finally, No. 7, listed last post on the road toward an inexorable thousand per month now. That will because it will come last chrono- challenge, and that we use the oppor- allow us the requisite amount of time logically, but probably should be listed tunity to take the remaining 599 days to test the various fixes and see to it first in terms of its financial impact if to see to it that when we get to New that we have it under control. we do not get the other six solved, is Year’s Eve 1999, we can look back and The one disquieting note that came litigation. The lawsuits that will be say that we were facing something as out of the hearing that I share with my filed will be enormous. Estimates be- serious as the Tower of Babel, but we colleagues was that they said, ‘‘We will fore my subcommittee of the Banking have, as a Nation, and as a world, faced have the mission-critical systems Y2K Committee indicate the total litigation up to that, and now Y2K is going to be compliant by January of 2000.’’ I said, bill could run as high as $1 trillion, a bump in the road instead of a drive ‘‘What is your definition of a ‘nonmis- one-seventh the size of the total econ- off the cliff. sion-critical system?’ ’’ They said, omy that will change hands as people Mr. DORGAN. Will the Senator from ‘‘Well, the copier in your office may sue each other over the problems cre- Utah yield for a brief question? not work.’’ There will be many con- ated by Y2K. We have to make sure we Mr. BENNETT. I am through with stituents that will be delighted to solve the other six so that No. 7 doesn’t my presentation. Yes, I yield. know that we cannot make copies in hit us and destroy us. Mr. DORGAN. Mr. President, I feel January of 2000 until additional work The purpose of the special committee very comforted knowing that the Sen- gets done. But I thank my friend for created by the Senate, I believe, is to ator from Utah is a cochair of the task his support in that area and for his examine all seven of these areas, act as force along with Senator DODD. I com- very kind words. They are much appre- a coordinating point for people in- pliment the majority leader, Senator ciated. volved with each of the areas, and then LOTT, and Senator DASCHLE for putting Mr. WELLSTONE addressed the give reports, both to the Senate and to together a commission of the type they Chair. the people in the country as a whole, as have established. I know, serving as The PRESIDING OFFICER. The Sen- to where we are, because it is not all ranking member of the legislative ator from Minnesota is recognized. doom and gloom. We do have areas branch appropriations subcommittee of Mr. WELLSTONE. Mr. President, I where we are making progress. which Senator BENNETT is chairman, also say to my colleague from Utah I talked this morning with John that he has, in every circumstance, at that I hope he continues with his ‘‘ob- Koskinen who heads this effort on be- every hearing, gone through in some session,’’ as he described it, because we half of President Clinton in the execu- detail this Y2K problem. He knows it really need his leadership. I am grate- tive branch. He reported to me that well and is very concerned about it. ful to him for the important work he is As he properly indicates here in the contrary to some of the information we doing. have seen in the press, the Social Secu- Senate, this doesn’t just deal with Fed- rity Administration will be all right, eral agencies. In fact, that is only a f and will indeed be able to distribute very small fraction of what can be af- fected, unless this problem is dealt Social Security checks in the year 2000. HUMAN RIGHTS ABUSES IN with as a nationwide priority. But I Now, if the banking system is all right, INDONESIA those checks can be received, and that wanted to just say, as I have said be- is a demonstration of the problem of fore on the floor, I think Senator BEN- Mr. WELLSTONE. Mr. President, I interconnectivity that we have. But NETT is one of the finest people serving ask unanimous consent that a letter that is a piece of good news. As we in this body. He has devoted a lot of at- that I have sent to the President, focus on the challenge of Y2K, we tention to this issue. If this is not han- which expresses my concern about the should not lose sight of the fact that dled properly all across this country in ongoing human rights abuses in Indo- there is good news and there is both the public and private sector, this nesia, be printed in the RECORD. progress being made. could have catastrophic consequences. There being no objection, the letter I close with this observation about If handled properly, we probably won’t was ordered to be printed in the the importance of this entire issue. One even know that this situation came RECORD, as follows: of the experts with whom I have been and went. But I just want to tell you U.S. SENATE, in contact since I assumed this new that I feel comforted by his leadership. Washington, DC, May 11, 1998. chairmanship said to me, ‘‘The one I thank him very much for all of the Hon. WILLIAM J. CLINTON, thing we know for sure about this is attention and time he has devoted to President of the United States, White House, Washington, DC. ODD that nobody has ever done it before. We this. He and Senator D will spend a DEAR MR. PRESIDENT: I write to express my have no historical precedent to guide substantial amount of time between deep concern about the ongoing human us, to tell us how to handle this and now and the year 2000 on this very sig- rights abuses in Indonesia. According to the what we can expect.’’ And, of course, nificant issue. State Department’s Country Reports on S4610 CONGRESSIONAL RECORD — SENATE May 11, 1998 Human Rights Practices for 1997, the Indo- ble political environments. If we are truly They now are faced with 13-year prison nesian Government met calls for political re- concerned about the welfare of the Indo- sentences. forms with arrests and crackdowns on oppo- nesian people, our continued funding should I am concerned about what is now sition parties. The Suharto regime main- be contingent upon greater political open- happening in Indonesia. I think our tains its power through policies of corrup- ness and improvements in Indonesia’s human Government should be stronger in our tion, intimidation and government enforced rights record. repression of opposition groups. According to It is time to clearly signal to the Suharto support of the students and for the men many credible human rights NGO reports, regime that we support multi-party democ- and women who are speaking up for de- government critics are frequently arrested, racy, fair labor practices and a respect for mocracy and human rights in Indo- tortured, raped, unlawfully killed or dis- human rights. nesia. I commend the Pentagon’s re- appeared. The people of Indonesia are sys- Sincerely, cent decision to cancel a joint training tematically denied democratic freedoms PAUL WELLSTONE, exercise with the Indonesian military. such as free and fair elections, freedom of U.S. Senate. But I am deeply troubled by reports the press and freedom of assembly. The lack Mr. WELLSTONE. Mr. President, the that the United States may have been of an independent judiciary and the lack of involved in training with the Indo- accountability for members of the armed context of my speech on the floor of forces play a major role in the continuation the Senate today is as follows. I have nesian special forces, which has really of serious human rights abuses. been, as the Senator from Minnesota, become or is known as a very brutal Countless thousands have been subjected moved by the courage of students in In- military unit responsible for the tor- to arbitrary detention, with torture used to donesia who are challenging a very re- ture, the midnight raids, and the fre- force detainees to produce names of opposi- pressive government. They do this at quent disappearance of citizens. tion supporters. Mr. Pius Lustrilanang, a great risk. But they have shown the Mr. President, in addition in this let- prominent opposition leader who was ab- courage to speak out. President ter that I have sent to President Clin- ducted earlier this year and detained for two ton, I raise questions about the ways in months, has said that his captors beat him Suharto has left for a conference in and administered electric shocks to his Egypt and has made it crystal clear which we bail out a regime which hands and feet in an attempt to discover de- that students and others in Indonesia grows more repressive day by day. The tails of his political activities. Lustrilanang who dare to speak out will suffer the infusion of capital by the IMF makes spoke out about this experience at great per- consequences. ‘‘economic’’ reform a condition for the sonal risk, endangering not only his own The Suharto regime has been cor- bailout. I am not sure the IMF pre- safety, but that of his family as well. Stu- scription has helped. I have said on the dent leaders of the People’s Democratic rupt; it has been repressive. There are many reports by all of the reputable floor before that I am an international- Party, which was banned last September, ist. I think we ignore the world at our have been arrested and sentenced to heavy human rights organizations of people terms of up to thirteen years. Their crime being arrested, tortured, raped, killed, own peril. I think economic develop- was organizing worker rallies, calling for a or they have disappeared. It is in this ment support is critically important, referendum on East Timor, and campaigning environment that these young people as is humanitarian assistance. I some- for a more open political system. in Indonesia now step forward with a times think the IMF just pours fuel on The United States has pursued a policy of tremendous amount of courage to the fire. In this particular case, the engagement and friendship with Indonesia. I Government says it is raising fuel feel that we could do more to promote free- speak for freedom and democracy in their country—Indonesia. prices and taking other action like this dom and human rights. While I commend the in response to the IMF, which, of Pentagon’s recent decision to cancel a joint It is for this reason that as a U.S. training exercise with the Indonesian mili- Senator I come to the floor of the Sen- course, imposes additional pain and tary, I am deeply troubled by reports earlier ate to support them. It is for this rea- hardship on the poor, not on Suharto this year that the United States may have son I have sent this letter to the Presi- and his family. But, in any case, it seems to me that been involved in the training of KOPASSUS dent. It is my hope that our Govern- if we are truly concerned about the Special Forces, Indonesia’s notoriously bru- ment, and all of us here in the Senate tal military unit, responsible for torture; welfare of the Indonesian people, our and in the House of Representatives, night raids; and frequent disappearances. continuing funding should be contin- will make it clear to Mr. Suharto that The United States also has supplied the In- gent upon greater political openness donesian government with much of the mili- we will not turn our gaze away from and improvement in Indonesia’s human tary hardware which is used to foster a cli- this repressive government, and that rights record. mate of fear and intimidation. The military we will support these students and I don’t know why the administra- plays a key role in preserving nondemocratic other citizens in Indonesia who speak rule in Indonesia by deploying forces at all tion—President Clinton, the adminis- out for the very things that make our tration, our Government; really, the levels of society to crush peaceful dissent. country such a wonderful country— Continued military support indicates U.S. President speaks for our Government— approval of the Suharto regime’s ongoing re- freedom, the right to be able to dissent, I don’t know why we are not more in- pression. As a worldwide symbol of freedom democracy. sistent on these governments who at- and democracy, our foreign policy should re- Mr. Pius Lustrilanang, a prominent tack, torture, rape, and murder their flect our philosophy of political pluralism opposition leader, was abducted earlier citizens to abide by elementary stand- and government by the consent of the peo- this year and was detained for 2 ards of decency. In some kind of way, ple. months. He talks about the ways in we should make some of our assistance In our economic support for the Indonesian which his captors beat him, adminis- government, through institutions such as contingent upon this. Surely we can at the IMF, we should be using our leverage to tered electric shocks to his hands and least speak up. Surely we can at least press for political reforms, democratization feet, in an attempt to discover details send a clear signal to the Suharto re- and greater respect for human rights. In- of his political activity. His political gime that we support democracy, that stead, we have virtually ignored the IMF’s activities were political activities we we support fair labor practices, that we statute where it is written. ‘‘The Inter- take for granted. He was writing, support human rights, and that we will national Monetary Fund shall advance the speaking, and doing things people not stand by idly as this regime, the cause of human rights, including by seeking should be able to do in their countries. Suharto regime, continues to repress to channel assistance toward countries other Student leaders of the People’s its citizens. than those whose governments engage in Democratic Party, which was banned gross violations of human rights of citizens.’’ I come to the floor of the Senate How can the United States justify bailing last September, have been arrested and today to speak for the students. I come out a regime which grows more repressive by sentenced to terms of up to 13 years. to the floor of the Senate today to call the day? We have made economic reforms a Students, young people—I say to pages on the President to speak for the stu- condition of our bailout and, at least so far, who are here—your age, have been sen- dents, courageous students, courageous the Indonesian government has complied. tenced to 13 years in prison. What was young people, who I believe are captur- However, the solution to the present eco- their crime? They organized worker ing the imagination of Indonesia. They nomic crisis will require more than just fi- rallies, they called for a referendum on nancial transparency and the elimination of are lighting a candle with their cour- corruption. Lack of confidence in the politi- East Timor, and they were campaign- age. And I think the President and I cal system is preventing new investments ing for a more open political system; in think the U.S. Congress and the United from the private sector. Markets respond other words, for the right of people to States of America ought to be on their with greater confidence to transparent, sta- be able to organize and to speak out. side. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4611 I yield the floor. CBO’S MONTHLY BUDGET REVIEW In other words, we have enshrined in Mr. DORGAN addressed the Chair. Mr. DORGAN. Mr. President, I come the law the principle that the revenue The PRESIDING OFFICER. The Sen- to the floor to speak first about the of the Social Security system is dedi- ator from North Dakota is recognized. Congressional Budget Office, which last cated tax revenue going into a trust Mr. DORGAN. Mr. President, I appre- week released its monthly budget pro- fund to be used only for Social Secu- ciate very much what the Senator from jection. And I noticed that this projec- rity. And the revenue will be used for Minnesota had to say about the dis- tion, this estimate, received prominent Social Security—because it will be sidents in Indonesia who, at their own coverage in the Washington Post and needed in the long term. We all under- peril and at the risk of their lives, are in other major daily newspapers stand that. But this provision of law saying that they would like the right around the country last week. says that you can’t use that revenue, of self-determination and they would Actually, those papers may have you can’t bring it out of that trust like freedom. mentioned this CBO report twice. First fund over here to the budget and say, ‘‘By the way, we have all of this reve- I was in China the day Wang Dan was there were news stories saying says nue we are using over here and the sentenced to 11 years, I believe, in pris- that the Congressional Budget Office budget looks great.’’ on in China for criticizing his Govern- now predicts that in this fiscal year —1998—we will have a budget surplus, The law says you cannot do that. But ment. And I saw Tiananmen Square, I the Congressional Budget Office report say to the Senator, and I thought they say, of anywhere from $43 billion to $63 billion. And in the next 24 and 48 just ignores that law. They don’t admit about that young man in the white they re using the Social Security trust shirt. hours, there was a spate of stories about a group of people telling us what fund, but they, in fact, do it because You remember the picture during the they would like done with this alleged that is the way they report. They say, demonstration in Tiananmen Square surplus. well, we are going to have a $43 billion when the tanks came to break up the Just as quick as you can light a can- to $63 billion surplus in this year. How demonstrators and this young man in a dle around here, any discussion about a do they get that? By taking the Social white shirt walked out and stood in surplus brings people who want to Security trust fund money, adding it in front of this column of tanks in front spend it or give it back in tax breaks. as other revenues and saying, wow, we of the first tank and forced the tank to And very quickly they clustered have a surplus. And so we have folks change course. Then he moved over around that flame of the surplus and who are going to spend this alleged sur- again in front of the tank. told us what they thought should be plus, or create some new tax breaks to I watched that. I thought, What on done about this. give back the supposed surplus before a Earth must be inside of this young I would like to simply say that the surplus really exists. man? What kind of courage must it Congressional Budget Office does us no Now, my own vote on the surplus, if take to say, ‘‘I am going to stand in service when it gives us half the story. one develops, is to say let us begin to front of a tank and risk my life for The Congressional Budget Office is a reduce the Federal debt just a bit. If freedom’’? fine organization, and I mean no dis- for 30 consecutive years you increase That is what the Senator from Min- respect to the work of CBO or the peo- the Federal debt, it seems to me that nesota is talking about with respect to ple who do that work. And CBO is right when times are good and you begin to the price that is paid by, in many to say that we have made substantial have some significant progress in fiscal cases, young people, and older people progress dealing with fiscal policy, and policy and you begin to run a real sur- as well, who demonstrate to resist re- especially the Federal budget deficit in plus, the prudent thing would be to gimes that are oppressive and regimes recent years. For a number of reasons, begin to reduce the Federal debt. So that tend to try to squelch freedom of our deficits have shrunk dramatically. that would be my vote. speech. We have made remarkable progress. But we are not there yet. And I cer- So I think this country should al- But we are not there yet, and we will tainly do not support those who rush to ways be vigilant about the need to not have and do not have a surplus this this flame now and say, well, if CBO stand up for those around the world year. We will continue to have a deficit says there is a surplus, here is how we who do that at their own peril. They this year, albeit a much smaller defi- ought to deal with it: Let’s provide are asking for only what we understand cit—shrunk dramatically from its pre- some more tax breaks. Let’s provide in this country makes a good society. vious size. We are continuing to make some more spending. That is freedom—freedom of speech, great progress, and we will have a sur- What about let’s do some honest ac- freedom of movement. plus soon, but we will not have a sur- counting? What about let’s say that Mr. WELLSTONE. Will the Senator plus this year. Let me explain why. the CBO, when it reports, if it reports, yield for a comment? On April 2d of this year, this Senate it must follow budget law and report to passed a budget. I might add that this the American people the facts, not just Mr. DORGAN. Yes. Certainly. House still has not yet figured out half the story? Mr. WELLSTONE. Given what the what it wants to do on a budget. But in So I come to the floor not to say Senator just said about Tiananmen the Senate budget resolution, which there is not a parade going on—I guess Square, given the courage, again, of billed itself as providing a budget sur- there is a parade—but they are cele- the students and others, that is why I plus, on the fourth page, I believe, it brating the wrong thing. Let us cele- wish the President would not go to admits that the actual deficit for fiscal brate some success. We have had some Tiananmen Square. I think the Presi- year 1998 is going to be $95.6 billion. major progress in fiscal policy. That dent is making a terrible mistake. I That is very much at odds with the progress is due in no small part, in my didn’t think the President should be Congressional Budget Office, which judgment, to the President’s 1993 rec- there. says, ‘‘Gee, things are rosy, and they ommendations on a new fiscal policy. I will just make that comment to my are getting better. In fact, we will have That plan required some effort to vote colleague. a very significant surplus.’’ And we for it, but we did, and things are better. Mr. DORGAN. I would respond to the have people slicing up this estimate of I would also say some restraint on Senator by saying that I think, and a surplus, figuring out how to give it spending by the Republicans and have always thought, that our foreign back or what to do with it when, in Democrats here in the Congress and policy must always have a human fact, our budget resolution says we are also a growing economy have also rights component to it. That is, it going to have a deficit this year of $95.6 helped our budget picture. seems to me, what we owe to others billion. All of that contributes to a better around the world who struggle for free- The key to the difference is in the story on fiscal policy. But we are not dom. And I appreciate the leadership of Budget Act. The Budget Act says—this at a real surplus yet. And the Congres- the Senator from Minnesota in this is law—‘‘The concurrent resolution’’— sional Budget Office knows better, as matter. He is once again today calling that is, the budget resolution—‘‘shall do the newspapers that print this. In the Senate’s attention to the impor- not include the outlays and revenue to- fact, I sat with a reporter last Thurs- tance of human rights. tals’’ of the Social Security system. day just briefly just to say hello. We S4612 CONGRESSIONAL RECORD — SENATE May 11, 1998 happened to see each other acciden- complicated thing to do. It would be would not mind my using it. I think tally, and I said I read the story about relatively easy to say to most Ameri- Donald might want to pay a slightly the supposed budget surplus. I said, cans with incomes mostly from wages higher rate than the barber in my ‘‘You know that’s not in surplus.’’ and salaries—and who have only a hometown; or others say, well, let’s Well, that reporter understood about modest amount of non-wage income have a national sales tax. unified budget surpluses and on-budget such as interests, dividends and capital A study by a tax expert at the Brook- deficits. But the fact is that CBO was gains—that they could decide never to ings Institution says if you have a na- reporting half the story last week, and file a federal income tax return again. tional sales tax, the rates would prob- the press dutifully reports it the way These taxpayers would make a few sim- ably be over 30 percent, and then add CBO says it, and CBO and everybody ple adjustments on their W–4 form at the State and local taxes, and that here knows they are wrong. work, and their employers would with- would be on almost everything. So say So I hope those who began last week hold their precise tax liability over the you would like to buy a house and here to talk about what they want to do year using a table provided by the IRS. is the price we have agreed on, and with all this alleged surplus, and who This withholding now becomes their then have someone tell you, oh, yes, will likely waste this week trying to exact tax liability for the year. No re- you have a 37-percent sales tax applied figure it out, I hope they will take a turn needs to be filed. They don’t have to that price, 30 percent Federal, 7 per- look at page 32–33 of The Economic and to go looking for records. They don’t cent State and local. Budget Outlook produced by CBO in have to rush to the post office on the Others say a value-added tax. There January. There—not in the monthly night of April 15 to get a postmark. It are all kinds of ideas for how to change review, but in the annual January re- becomes the exact tax liability. And, in the tax system. I would say it is un- port—CBO has a line that describes most cases, these taxpayers won’t have likely that we are going to see the cur- what the real deficit is. to worry about an audit. rent income tax system completely ob- But that line is nowhere to be found Two additional adjustments would be literated. I expect that in some form it on their monthly reports that they put put on the W–4, which all employees will be around for some while, and if it on the Internet that resulted in last now file with their employer, to cap- is, I would very much like to see it week’s press statements. I hope CBO ture the per child tax credit that Con- radically simplified for most of the will change that, and put the informa- gress adopted last year and a tax de- American people. It is hard to have a tion about the real state of our budget duction for home ownership. These ad- one-size-fits-all. I understand that in its monthly reviews. And I hope the justments are provided by the IRS on a some people have very complicated in- press picks up on that information and table. These adjustments would be no come situations; they have a lot of in- starts reporting it. more difficult for the employer. come from different areas and a lot of That information will add enor- But from that process, I believe that expenses from other areas. I think in mously to our budget discussions this 50 to 70 million people could be relieved some cases those are very complicated; summer. Then we might have an hon- of the obligation to file an income tax it is very hard to simplify that. But for est debate on whether there really is return. Some 365 million hours of work the vast majority of the American peo- going to be a surplus at the end of this now done by taxpayers to prepare re- ple, working families whose main in- fiscal year, a surplus that can be used turns and get them filed could be come comes from a wage or salary and for purposes other than Social Secu- eliminated. How much paper for 70 mil- who have very little other income, this rity. I don t think there will be, and I lion tax returns and supporting mate- income tax system need not be a head- look forward to making that point. rials gone? And we could do this in the ache. It could be radically simplified. A RETURN-FREE TAX SYSTEM next year or so. It could be done very quickly. Mr. President, one additional point. I rise today only to say I am very We could move to a return-free sys- Last week we passed a major IRS re- pleased that Senator ROTH and Senator tem, as I indicated, for up to 70 million form bill. I voted for the bill because I MOYNIHAN included this return-free ap- Americans and we could do it in a year. think it has many provisions that proach in the Senate s IRS restructur- I very much hope—with the coopera- ought to be very helpful for taxpayers ing bill. I would just commend to them tion of my friend, the Senator from dealing with the IRS. I have some con- that a piece of legislation I have writ- Delaware, Senator ROTH, and Senator tinuing concerns about other parts of ten would advance that very quickly. MOYNIHAN—we can make some progress the bill. For example, I m concerned We could do it in a year or so. More on that. about the method used to pay for it. It than thirty countries around the world As I close, let me also say, as I did was a sleight-of-hand kind of method use some form of return-free filing sys- last week, they have provided signifi- and needs to be changed in conference. tem—no paper. Employees do not have cant leadership, I think, to pass the Having said all that, in this Chamber to file a return. Some of the countries, legislation we did through the Senate last week I complimented Senators incidentally, have a reconciliation by last week. I once again commend both ROTH, MOYNIHAN and others for their the taxing agency, while others mirror of them for that leadership. leadership in writing some of these pro- my approach where you simply retool Mr. President, I yield the floor and I visions. I want to point out a signifi- the W–4 form to make it slightly more make a point of order a quorum is not cant provision in the bill that requires accurate. It isn’t much longer and is no present. the Treasury Department to study and more difficulty for the employer, but The PRESIDING OFFICER (Mr. BEN- develop procedures for implementing a my plan relieves probably 50 to 70 mil- NETT). The clerk will call the roll. return-free tax system beginning after lion people from having to file an in- The assistant legislative clerk pro- the year 2007. come tax return. ceeded to call the roll. I have described to my colleagues a I think if we did that, it would be a Mr. McCAIN. Madam President, I ask piece of legislation that I have worked giant step towards real tax simplifica- unanimous consent that the order for on for many months that could provide tion for millions and millions of Amer- the quorum call be rescinded. a return-free tax system for up to 70 icans. There are others in Congress The PRESIDING OFFICER (Ms. COL- million Americans. While I am very en- who say, well, what we want to do is LINS). Without objection, it is so or- couraged by what Senator ROTH and get rid of the entire tax system, which dered. Senator MOYNIHAN have done and fully is fine. If one believes we should do f support it—and think they have ad- that, then with what do you replace it? vanced this issue some, I have also vis- They say, well, a flat tax so that Don- UNANIMOUS-CONSENT REQUEST— ited with both, encouraging them to ald Trump pays the same tax rate as S. 1618, S. 1723, S. 1260, and S. 2037 work with us in conference to move up the barber in my hometown. Mr. McCAIN. Madam President, I in- this 2007 date. I don’t happen to share the belief tend to, on behalf of the majority lead- The fact is we could much more that would be a fair system. I think er, propound a unanimous consent re- quickly go to a return-free income tax maybe Donald—maybe I shouldn’t use quest. I understand that at this time filing system for anywhere from 50 to his name, but he seems to have his the Democratic leader may have to op- 70 million Americans. It is not a very name on everything. He probably pose this unanimous consent request. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4613 But I also believe that given the next may proceed to the consideration of S. must object, and I appreciate very couple of hours perhaps we can get 2037. I further ask consent there be a much the understanding of the Senator some agreement. Both Senator LOTT total of 30 minutes of debate equally from Arizona. and Senator DASCHLE, I understand, divided in the usual form, with an addi- f are in discussion. But I think we ought tional 15 minutes under the control of THE EFFECT OF INFORMATION to move forward as we told the Senate Senator ASHCROFT. I further ask that TECHNOLOGY ON THE ECONOMY we would and at least start discussions no amendment be in order to the bill. of these bills. I finally ask unanimous consent that Mr. MCCAIN. Madam President, I So, therefore, understanding that we following the expiration or yielding want to quote from the Department of have some optimism about a unani- back of the time, the bill be read a Commerce: mous consent agreement within the third time and the Senate proceed to a During the past few years, the U.S. econ- next couple of hours, I will propound vote on the passage of S. 2037 with no omy has performed beyond most expecta- the unanimous consent request. I un- intervening action or debate. tions. A shrinking budget deficit, low inter- est rates, a stable macroeconomic environ- derstand Senator DORGAN, the Senator Madam President, that is the so- ment, expanding international trade with from North Dakota, will object. called WIPO copyright legislation from fewer barriers, and effective private sector Madam President, on behalf of the Senator HATCH, reported out of the Ju- management are all credited with playing a leader, I ask unanimous consent that diciary Committee. role in this healthy economic performance. the majority leader, after consultation I yield the floor. Many observers believe that advances in in- with the Democratic leader, may pro- The PRESIDING OFFICER. Is there formation technology driven by the growth ceed to the consideration of S. 1618. objection? of the Internet have also contributed to cre- I further ask unanimous consent that Mr. DORGAN. Reserving the right to ating this healthier than expected economy. there be a total of 2 hours of debate object. In recent testimony to Congress, Federal The PRESIDING OFFICER. The Sen- Reserve Board Chairman Alan Greenspan equally divided in the usual form. I fur- noted: ther ask that the only amendment in ator from North Dakota. ‘‘Our Nation has been experiencing a high- order other than the committee Mr. DORGAN. And I shall object, but er growth rate of productivity—output per amendments be a managers’ amend- under my reservation let me point out, hour worked—in recent years. The dramatic ment. as I think the Senator from Arizona improvements in computing power and com- I finally ask unanimous consent that pointed out, no such agreement has munication and information technology ap- following the disposition of the above been reached between the majority and pear to have been a major force behind this amendments the bill be read a third minority leaders on these pieces of leg- beneficial trend.’’ time and the Senate then proceed to a islation dealing with the procedures Madam President, we all pay close vote on passage of S. 1618 with no inter- under which they will be considered. attention to Federal Reserve Board vening action or debate. All of the unanimous consent requests Chairman Alan Greenspan, and usu- Madam President, that is the provide a limited time and limited ally, especially in this case, we agree. antislamming bill, on which, as we amendments. I think in most cases Some have even suggested that these ad- know, there have been numerous hear- only the managers’ amendment would vances will create a long boom which will ings and discussion and debate not only be allowed, which would then preclude take the economy to new heights over the next quarter century. within the Senate but in the entire amendments from other Members of While the full impact of information tech- country. the Senate. It is my hope that some nology cannot yet be precisely evaluated, its Additionally, I ask unanimous con- kind of an agreement will be reached impact is significant. Information tech- sent that the majority leader, after by the majority and minority leaders, nology industries have been growing at more consultation with the Democratic lead- but until such an agreement is reached, than double the rate of the overall economy, er, may proceed to the consideration of I am constrained to object, so I do ob- a trend that is likely to continue. Invest- S. 1723. I further ask unanimous con- ject. ments in information technology now rep- sent that there be a total of 2 hours of The PRESIDING OFFICER. Objec- resent over 45 percent of all business equip- debate equally divided in the usual tion is heard. ment investment. Declining prices for infor- mation technology products have lowered form. I further ask that no amendment Mr. McCAIN addressed the Chair. overall inflation. be in order other than the committee- The PRESIDING OFFICER. The Sen- Because the Internet is new and its uses reported substitute amendment. ator from Arizona. are developing very rapidly, reliable econ- I finally ask unanimous consent that Mr. McCAIN. Madam President, I re- omy-wide statistics are hard to find and fur- following disposition of the above main hopeful that within the next cou- ther research is needed. Therefore, we have amendment, the bill be read a third ple of hours we can reach this unani- to use industry and company examples to il- time and the Senate then proceed to a mous consent agreement. There has lustrate the rapid pace at which Internet been a great deal of discussion about commerce is being deployed and benefits are vote on passage of S. 1723 with no inter- being realized. Examples showing the growth vening action or debate. That, Madam taking up these pieces of legislation— of the Internet in electronic commerce this President, is the skilled workers immi- in fact, several others in addition. But past year are numerous. gration bill that is sponsored by Sen- I believe that the Senator from North Fewer than 40 million people around the ator ABRAHAM. Dakota shares my optimism that per- world were connected to the Internet during I also ask unanimous consent that haps we can, with some modifications, 1996. By the end of 1997, more than 100 mil- the majority leader, after consultation achieve a unanimous consent agree- lion people were using the Internet. As of De- with the Democratic leader, may pro- ment. cember 1996, about 627,000 Internet domain I yield to the Senator. names had been registered. By the end of ceed to the consideration of S. 1260. I 1997, the number of domain names more than further ask unanimous consent that Mr. DORGAN. Madam President, if doubled to reach 1.5 million. there be a total of 2 hours of debate the Senator will yield, I do not think Traffic on the Internet has been doubling equally divided in the usual form. I fur- the question here is about the particu- every 100 days. ther ask that no amendments be in lar issues the Senator proposes to bring Madam President, I feel compelled to order other than the committee-re- to the floor. In fact, most of them will repeat that. ported substitute amendment. have rather wide support. The question Traffic on the Internet has been doubling I finally ask unanimous consent that deals with the conditions under which every 100 days. following the disposition of the above they will be brought to the floor and on Cisco Systems closed 1996 having booked amendment, the bill be read a third the restriction on amendments. As the just over $100 million in sales on the Inter- time and the Senate then proceed to a Senator knows, that is a product of net. By the end of 1997, its Internet sales vote on passage of S. 1260 with no inter- having to consult with other members were running at a $3.2 billion annual rate. vening action or debate. That bill is of the caucus and the consultation be- In 1996, Amazon.com, the first Internet bookstore, recorded sales of less than $16 the Uniform Standards Act. tween the majority leader and the mi- million. In 1997, it sold $148 million worth of Finally, I ask unanimous consent nority leader. I know they are visiting, books to Internet customers. that the majority leader, after con- and I would expect and hope that that One of the Nation’s largest book retailers, sultation with the Democratic leader, is resolved. But until it is resolved we Barnes & Noble, launched its own on-line S4614 CONGRESSIONAL RECORD — SENATE May 11, 1998 bookstore in 1997 to compete with Amazon ered to stores, homes or news kiosks. They Madam President, the Presiding Offi- for this rapidly growing on-line market. can be delivered electronically over the cer now in the chair, you have been In January 1997, Dell Computers was sell- Internet. Airline tickets and securities very significantly involved in this ing less than $1 million of computers per day transactions over the Internet already occur issue. Your findings and recommenda- on the Internet. The company reported in large numbers. Other industries such as tions have been made part of this bill. reaching daily sales of $6 million several consulting services, entertainment, banking times during the December 1997 holiday pe- and insurance, education and health care I understand you may have additional riod. face some hurdles but are also beginning to changes that you wish to be made. But Auto-by-Tel, a web-based automotive mar- use the Internet to change the way they do we are in agreement this abuse has to ketplace, processed a total of 345,000 pur- business. Over time, the sale and trans- stop, and it has to stop immediately. chase requests for autos through its web site mission of goods and services electronically I hope the Congress, as representa- in 1996 for $1.8 billion in auto sales. As of the is likely to be the largest and most visible tives of the people, will understand end of November 1997, the web site was gen- driver of the new digital economy. that this industry we are talking about erating $500 million a month in auto sales, Retail sale of tangible goods: The Internet today, the telecommunications indus- which is $6 billion annualized, and processed can also be used to order tangible goods and try, opens broad new vistas for our over 100,000 purchase requests each month. services that are produced, stored and phys- children and grandchildren. It also ically delivered. Though Internet sales are Madam President, that is just a few opens vistas for people and countries examples of the way this industry is less than 1 percent of total retail sales today, sales of certain products such as com- who have never had access to informa- exploding into American life and tion and knowledge before. It opens up through all parts of it. How it is chang- puters, software, cars, books and flowers are growing rapidly. new vistas and ways for people in rural ing America is dramatic and, frankly, Where advances in telecommunications parts of America, and in low-income there are very few of us who know ex- and computing largely occurred side-by-side parts of urban America, to receive in- actly what the end results are going to in the past, today, they converge in the formation and knowledge. It seems to be. And there are differing opinions Internet. Soon, virtually all information me that it has to be one of the most among different experts as to what technology investment will be part of inter- important issues that we address in a these impacts are going to be, but linked communications system, whether in- comprehensive, cooperative, bipartisan ternal to a business, between businesses, be- there is one area of agreement, and fashion. that is it has changed American com- tween individuals and businesses, or individ- ual to individual. I see no reason for partisanship on an merce and perhaps the world’s com- However measured, the Internet is expand- issue which really is so important to merce and flow of information in a way ing at a very rapid pace. the future of America. I know we are in that will fundamentally change a lot of For instance, the number of Americans agreement that we want to see it grow the precepts under which we have oper- using the Internet has grown from fewer and expand. And all of us are aston- ated since the Industrial Revolution. than 5 million in 1993 to as many as 62 mil- ished, literally astonished, at the If the trend suggested by this preliminary lion by 1997. . . . amount of growth that we have seen. It analysis continues, it, and electronic com- The number of names registered in the do- is not just us neophytes. Literally merce, can be expected to drive economic main name system grew from 26,000 in July every expert who has studied the tele- 1993 to 1.3 million in four years . .. growth for many years to come. To realize communications industry has under- this potential, however, the private sector In January 1995, just over 27,000 top-level commercial (com) domain names were as- estimated, sometimes by a factor of 10, and governments must work together to cre- the growth that has taken place in the ate a predictable, market-driven legal frame- signed. Most businesses used them for little work to facilitate electronic commerce, to more than posting product and company de- past few years. So, therefore, it is very create nonbureaucratic means that ensure scriptions, store locations, annual reports likely they are underestimating the that the Internet is a safe environment, and and information about how to contact cor- dramatic changes and growth that we to create human resource policies that porate headquarters. Two and a half years will see in the future. endow students and workers with the skills later, commercial domain names number There are some who argue that the necessary for jobs in the new digital econ- 764,000. Static brochures and bulletin boards information technology we are export- omy. are giving way to full-fledged businesses of- ing around the world makes our trade fering financial services, news and informa- Thus, in real terms, the expansion of tion, manufactured goods, and travel and en- deficit far less meaningful than it has the IT sector accounts for an even larg- tertainment to individuals and businesses. been in the past. There are some who er share of overall economic growth in To meet this increased demand, consumer argue that we, as a body, and as a na- the mid- to late 1990s. In recent years, electronics companies, media giants, phone tion, are going to have to address this IT industries have been responsible for companies, computer companies, software issue of the proliferation of pornog- more than one-quarter of real eco- firms, satellite builders, cell phone busi- raphy that now penetrates and per- nomic growth. nesses, Internet service providers, tele- meates every part of the Internet, to visions cable companies and, in a few cases, Despite these impressive trends, the digital the point where young children today, electric utilities, are aggressively investing revolution is just beginning. Growth could when they go on the Internet and dial to build out the Internet. accelerate in the coming years not only in an innocuous word like ‘‘White House’’ the IT sector itself, but across all sectors of Madam President, I made the open- or ‘‘teen’’ or ‘‘nurse,’’ are treated, as the economy as the number of people con- ing statement as we take up, frankly, the search engine comes upon them, to nected to the Internet multiplies and as its what are some very modest bills, pieces enticements to people to take advan- commercial use grows. The growth will be of legislation which have to do with tage of the pornography which is avail- driven by four types of economic activity: the telecommunications industry. I Building out the Internet: In 1994, three able. I am not advocating censorship million people, most of them in the United hope this is a beginning. My fundamen- here. I don’t believe the majority of States, used the Internet. In 1998, 100 million tal premise is, we should get out of the this body is. But it is a problem. It is people around the world use the Internet. way and stay out of the way of this an issue that we need to address as Some experts believe that one billion people burgeoning, incredible revolution we well. But it is one of many. may be connected to the Internet by 2005. are seeing take place throughout the I could spend many hours on the This expansion is driving dramatic increases world. floor here, discussing the challenges of in computer, software, services and commu- But there are times where we have to this telecommunications trans- nications investments. Electronic commerce among businesses: act. I would argue that we have to act formation that we are observing. I hope Businesses began using the Internet for com- in a deregulatory manner and a pro- what we do in the next couple of days mercial transactions with their business competitive manner. One of the issues will do several things. One is to address partners about two years ago. Early users al- that the Senator from North Dakota these relatively modest issues, al- ready report significant productivity im- and I have discussed on many occasions though slamming is certainly a very provements from using electronic networks and will continue to discuss—and hope- important one, but, at the same time, to create, buy, distribute, sell, and service fully we can reach some agreement—is make a commitment that we, as a products and services. By 2002, the Internet the issue of Internet taxation. Other body, understand, appreciate, the im- may be used for more than $300 billion worth of commerce between businesses. issues that we are going to take up, portance of this industry to the future Digital delivery of goods and services: which are visible and very important of America, and that we will address Software programs, newspapers, and music to many Americans, like this business these issues in an orderly and biparti- CDs no longer need to be packaged and deliv- of slamming, will have to be addressed. san fashion. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4615 Madam President, I yield the floor. service or telephone toll service. In Madam President, I yield the floor, The PRESIDING OFFICER. The Sen- other words, a company says if you are and I suggest the absence of a quorum. ator from North Dakota. using one long distance service, we are The PRESIDING OFFICER. The Mr. DORGAN. Madam President, I going to change that and your new long clerk will call the roll. certainly share the sentiment offered distance carrier is XYZ, and all of a The assistant legislative clerk pro- by the Senator from Arizona about the sudden you begin getting bills from ceeded to call the roll. excitement of the Internet, the fas- XYZ when, in fact, you never author- Mr. LUGAR. Madam President, I ask cinating, remarkable growth of the ized changing your long-distance car- unanimous consent that the order for telecommunications industry and all rier. That is called slamming, and it is the quorum call be rescinded. that it means for the future of our a growing, continual problem in this The PRESIDING OFFICER. Without country and the world. Things are country. objection, it is so ordered. The FCC had about 20,000 complaints moving so quickly, and changing so f rapidly, it is just breathtaking and of slamming in the last year. We under- very hard to keep up with. From a pub- stand the ‘‘king of slammers’’ identi- UNANIMOUS-CONSENT REQUEST— lic policy standpoint, regarding the fied by Chairman Kennard of the FCC S. 1150 kind of legislation that will be brought is a man named Daniel Fletcher. GAO investigators allege that Fletcher Mr. LUGAR. Madam President, on to the floor of the Senate at some behalf of the majority leader, after point—for example, such as the Inter- switched at least a half million cus- tomers’ long-distance service without consultation with the minority leader, net Tax Freedom Act—it is very impor- I ask unanimous consent that the tant that we understand exactly what their knowledge or consent. I noticed a story in the paper this Chair lay before the Senate the con- we are doing and what the con- past weekend in North Dakota that one ference report accompanying S. 1150, sequences of what we are doing might of the victims of slamming was the at- the agriculture research bill. be now and in the future. torney general of North Dakota, Heidi The PRESIDING OFFICER. Is there I would say the increased commerce objection? over the Internet, that is increasing at Heitkamp. ‘‘Heitkamp Victim of Phone Billing Scam’’ reads one headline. Mr. GRAMM. Madam President, re- a very dramatic pace, illustrates that This company that was slamming serving the right to object. there is nothing at the moment, noth- would have been well-advised to stay The PRESIDING OFFICER. The Sen- ing anywhere that I am aware of at the away from the attorney general of that ator from Texas. moment, that impedes the transaction State. Mr. GRAMM. Madam President, as of commerce on the Internet. I am confident that the North Da- the distinguished chairman of the Ag The very growth of that commerce kota attorney general is on the case. Committee knows, we agreed pre- suggests there are no impediments. She is aggressive and tough and will viously not to have a recorded vote One way to do commerce in this coun- get to the bottom of who is involved in today. It is my intention, when the try is to set up a web page and adver- this slamming. conference report is before the Senate, tise and sell books, automobiles, travel To all the slammers out there I will to have at least one motion to recom- services, or whatever it is you want to say, ‘‘Senator MCCAIN, I and others mit with instructions. So rather than advertise over the Internet. That is one will bring a piece of legislation to the have that debate today when no one is way to do business. floor that will attempt to shut the door here to listen to it, when we know it Another way to do business is to rent on slamming. But, slammers might will have to be debated on another day a storefront someplace to get some in- want to stay away from attorneys gen- if we are going to have a recorded vote, ventory moved in, hire some people, eral and law enforcement officers, be- I suggest that we simply begin the de- open the door and put ‘‘Open for Busi- cause it is against the law. We hope, bate on this issue today and that we ness’’ and invite customers to come in prior to the legislation being passed, bring it up tomorrow, or some date in and look at your merchandise and sell we can count on State authorities and the future when we can have a recorded merchandise that way. the FCC to take appropriate action to vote following a debate on the motion. Still another way is to have your levy fines and other penalties against I ask that we simply begin the debate merchandise in a warehouse somewhere those who are involved in this kind of today and that we agree on some fu- and send a catalog through the mail activity. ture date to readdress this question. On and do business through mail-order There are a number of other issues that basis, I object. catalogs. we will discuss when we talk about If the Congress decides to change the The PRESIDING OFFICER. Objec- slamming. I expect the U.S. Senate will tion is heard. The Senator from Indi- state and local Tax Codes related to all pass this legislation by a wide, wide ana. of those different ways of doing busi- majority. It is a good piece of legisla- ness, it is very important that we not tion. I compliment Senator MCCAIN for f create a circumstance where one way bringing it to the floor. Only because AGRICULTURAL RESEARCH, EX- of doing business has preference over the majority leader and minority lead- TENSION, AND EDUCATION RE- another way. I certainly hope that er have not talked and reached agree- FORM ACT OF 1998—CONFERENCE whatever we do to those involved in ment on the question of procedure we REPORT Internet transactions, we will say, ‘‘To are not able to proceed at this point. whatever extent you are advantaged by But I expect in the coming hours, when MOTION TO PROCEED this new legislation, the Main Street Senator LOTT and Senator DASCHLE Mr. LUGAR. Madam President, I now businesses will be similarly advan- will find a mechanism by which we are move to proceed to the conference re- taged.’’ able to consider this legislation. port accompanying S. 1150. The Internet Tax Freedom Act is I just received a note from someone Mr. GRAMM. Madam President, I ask very controversial in my judgment. else, from another Senator in the that the bill be read. The concerns Governors and many oth- Chamber that says, ‘‘I’ve been slammed The PRESIDING OFFICER. The ers have about what impact it might or twice.’’ I don’t know if that Senator clerk will read. might not have on the State and local wishes to be identified. In any event, it The assistant legislative clerk pro- revenue bases are serious. The Internet is not something that only relates to ceeded to read the conference report. Tax Freedom Act is a very significant attorneys general. I have not been Mr. GRAMM. Madam President, I piece of legislation and it is very con- slammed once, and I am not looking suggest the absence of a quorum. troversial. forward to the first slam. Hopefully, The PRESIDING OFFICER. It is not Another issue that the Senator from before that happens, this kind of legis- in order to suggest the absence of a Arizona mentioned is the slamming lation can pass. Those who have been quorum. The clerk will continue to issue. For those who are not familiar victims will be victims no more, and read. with slamming, it refers to the unau- those who have been involved in slam- The assistant legislative clerk con- thorized practice of a company chang- ming will begin to pay a significant tinued with the reading of the con- ing a consumer’s telephone exchange price for criminal behavior. ference report. S4616 CONGRESSIONAL RECORD — SENATE May 11, 1998 Mr. LUGAR. Madam President, I ask will be able to hear the debate. And our a bipartisan fashion to get the bill unanimous consent that the reading of respective conference lunches will hear through. the conference report be dispensed more debate on this issue, and hope- We have had great cooperation. I am with. fully, following our hour debate, at 2:15 thankful to him for the great coopera- The PRESIDING OFFICER. Is there the issue will be clearer for all of us tion he has given me as the ranking objection? and perhaps we will be able to proceed member, and to his staff for the many Mr. GRAMM. Madam President, I tomorrow to final action on this re- kindnesses that his staff has afforded suggest the absence of a quorum. port. our staff. I also commend our col- The PRESIDING OFFICER. It is not I thank the Chair. I thank all Sen- leagues in the House for assisting and in order to suggest the absence of a ators. aiding us getting this bill through. I quorum. Is there objection? The PRESIDING OFFICER. The Sen- am especially pleased that the agri- Mr. GRAMM. Madam President, I ob- ator from Iowa is recognized. culture, nutrition and immigrant com- ject. Mr. HARKIN. Madam President, I munities are united in support of this The PRESIDING OFFICER. Objec- just want to concur in the unanimous conference report. tion is heard. The clerk will continue consent agreement and commend my Reinforcing the strong support for reading. chairman, Senator LUGAR, for his lead- this bill, on April 24, 71 Senators sent a The assistant legislative clerk con- ership on this bill. This is an extremely letter to the leadership asking that we tinued with the reading of the con- important bill. We should have gotten bring up this bill and pass it. Madam ference report. it through a long time ago. There are President, 71 Senators signed a letter Mr. HARKIN. Madam President, I farmers out in my area of the country, to the majority leader of the Senate ask unanimous consent that further all up and down the Midwest—I am asking we bring up this bill and pass it. reading of the conference report be dis- sure in the Senator’s home State also— So I hope we can move quickly on this pensed with. who have contracts up this summer on vital piece of legislation. The PRESIDING OFFICER. Is there crop insurance, and if we don’t hurry Let me just mention the three com- objection? up and get this through, we are going ponents of the bill. First, the issue of Mr. GRAMM. I object. to be in big trouble; we will not have food stamps. This bill will spend about The PRESIDING OFFICER. Objec- the money for the crop insurance pro- $816 million over the next 5 years to re- tion is heard. The clerk will continue gram to allow these farmers to renew store food stamp eligibility for nearly reading. their contracts for next year. So it is 250,000 individuals. Again, with this ac- The legislative clerk continued with imperative that we do get it through. tion we have reaffirmed our compas- the reading of the conference report. If this bill were to be recommitted— sion and our priority for taking care of Mr. GRAMM. Madam President, I ask and I will have more to say about this the most vulnerable in our society. The unanimous consent that further read- tomorrow, but I wanted to talk about bill takes a major step towards fulfill- ing of the conference report be dis- this a little here—I think that would ing a promise that was made by our pensed with. be the end of the bill. We tried for a President and many of us here in the The PRESIDING OFFICER. Is there long time in conference to get to this Congress on both sides of the aisle to objection? Without objection, it is so point. It is a delicate balance of many correct inequities made in the 1996 ordered. interests, but it is a good balance. It is Welfare Reform Act. (The text of the conference reports is one that balances all of the interests in What we have done in this bill, printed on pages H2171-H2205 of the all sections of the country. It advances Madam President, mirrors the changes April 22, 1998 edition of the RECORD.) the cause of agricultural research; it made in last year’s balanced budget UNANIMOUS CONSENT AGREEMENT does the job of providing the necessary agreement. That bill eliminated eligi- Mr. LUGAR. Madam President, I funds to keep the crop insurance pro- bility for several classes of legal immi- thank the distinguished Senator from gram going; and it also fills in the gap grants for food stamps. Refugees, Texas, and I ask unanimous consent on the food stamps for legal immi- asylees, elderly and disabled legal im- now on behalf of the majority leader, grants, elderly, disabled, and children, migrants and their children, Hmong after consultation with the minority, and also refugees and asylees who are refugees and certain native Americans that at 11 a.m. on Tuesday, tomorrow, in this country. who were unfairly denied food stamp the Senate proceed to the consider- Madam President, as I said, the con- benefits will once again be eligible for ation of the conference report to ac- ference report of the Agricultural Re- this important food assistance under company S. 1150, the agricultural re- search Extension and Education Re- this bill before us. search bill. I further ask unanimous form Act of 1998 represents a strong I might also add, parenthetically, consent that the time until 12:10 p.m. statement by the Senate on the impor- that it is not just compassion, but it is be divided as follows: Senator LUGAR, tance of research to the future of dollar wise. We know in the past when 30 minutes; Senator GRAMM of Texas, 10 American agriculture and fulfills im- these people are cut off from the need- minutes; Senator ROBERTS, 10 minutes; portant promises to restore food stamp ed food stamps, the elderly and the dis- Senator HARKIN, 10 minutes; Senator benefits to legal immigrants, refugees, abled, their kids are cut off, and when COCHRAN, 5 minutes. I further ask and asylees, and to fully fund the crop they lack nutrition, where do they end unanimous consent that, at 2:15 p.m. on insurance program. up? They are at the emergency room Tuesday, Senator GRAMM be recognized Again, I am pleased that both sides of door of our hospitals, and we pay for in order to move to recommit the con- the aisle in both the House and the that. Better we put some money into ference report. I further ask unanimous Senate have come together to invest in adequate food and nutrition to keep consent that no amendments be in the future of agriculture in rural com- them healthy in the first place rather order to the motion and debate on the munities as well as nutrition programs than pay for the needed medical serv- motion be limited to 1 hour equally di- for needy individuals who were unfairly ices they would require later on. vided in the usual form. I ask unani- cut off from food stamp benefits in the Under research and rural develop- mous consent that following the de- welfare reform bill that we passed in ment, the research provisions of this bate, the Senate proceed to a vote on 1996. bill will ensure that our farmers and or in relation to the motion. I again commend Chairman LUGAR ranchers have the word’s best science The PRESIDING OFFICER. Is there for his diligent and tireless efforts to, and technology at their disposal to objection? Without objection, it is so first of all, get the changes made in the produce food and fiber, to protect the ordered. research program that we so vitally environment, and to create rural eco- Mr. LUGAR. I thank the Chair. need in this country in our ag research nomic opportunities. In this regard, we Madam President, I would point out program, and his efforts to get the bill are devoting $600 million in new funds that, in consultation with Senator through, and through conference, and over the next 5 years to advance the GRAMM and others, we have agreed that to the point where we are now. Chair- science and technology underlying our general debate at 11 tomorrow is appro- man LUGAR has done a great job in agricultural system. This new initia- priate. Senators will be present. They guiding and directing and leading us in tive will invest in priority research May 11, 1998 CONGRESSIONAL RECORD — SENATE S4617 topics like food safety, biotechnology tion challenges. We have taken the lationship with our urban friends in and environmental quality. There are steps to assure the taxpayers that re- keeping a good, strong coalition to- new incentives for the development of search dollars are expended in the most gether to both answer the needs of new crops and new uses for existing efficient manner. Finally, we ensure those of us who represent rural Amer- crops. Finally, modest reforms in the that our farmers will have good risk ica and to answer the needs of those land grant system will help it to re- management tools available to them. who represent urban America. main a leader in research, education We have done all of this in a very I believe it has been a good working and outreach in the coming century. strong, bipartisan manner. We can all relationship. When we look at it, hun- We have also extended the Fund for take pride in the fact that today we ger in America is almost nonexistent. Rural America through the year 2002, have made a significant investment in Yes, we have some gaps out there. Yes, and we have reaffirmed our commit- a better future, not only for our farm- we have some nutritional gaps out ment to the pressing development ers and ranchers, but also in a better there, but compared to any other coun- needs of our rural communities. This future for an increasingly crowded and try, we are light-years ahead. fund was a key component of the 1996 hungry world. So, Madam President, I We provide the needed nutrition from farm bill, created to provide funds to urge my colleagues to agree to this the School Breakfast Program to the help farmers in rural communities to conference report without delay. School Lunch Program to afternoon transition to the new farm policy envi- Madam President, I will have more to programs to the Food Stamp Program ronment. Although I wish we could say tomorrow about the pending to Women, Infants and Children nutri- have found more funds for this purpose, amendment by the Senator from Texas, tion program, and then we provide sup- I am pleased that over the next 5 years, who as I understand, would exempt port for our food banks and our soup an additional $100 million was added to from the coverage of the Food Stamp kitchens and feeding facilities around the Fund for Rural America. Program, refugees and asylees who the country along with the private sec- Finally, the third component of the come to this country after, I think it is tor. bill is crop insurance. Since the last August of 1996, if I am not mistaken. I We have taken care to address the Crop Insurance Reform Act in 1994, par- think that would just be the wrong nutritional needs of those who live in ticipation in crop insurance has more step to take, first of all, for a compas- our urban areas, and we have taken than doubled in our country. Without sionate and caring society, and for care of the needs of those who live in agreement to this conference report, those of us who care about asylees and our rural areas. As I said, part of this millions of farmers face the possibility refugees. I think that covers both po- bill is funds for rural America that of canceled insurance policies in just litical parties, and certainly covers all helps continue to invest in rural eco- the next few months. That would leave of the religious institutions in Amer- nomic development so our people who them without risk protection for the ica. I know I received letters from—I live in small towns and communities 1999 crop season. know Cardinal O’Connor in New York, will have the kind of jobs and support The action we have taken in this bill from many members of the Jewish they need. Our farmers will have the will secure funding for the Crop Insur- faith, other Christian faiths who have risk management tools and crop insur- ance Program for the next 5 years. It written to us asking us to please make ance they will need to provide the food will set the stage also for a vigorous this fix in food stamps to cover these and fiber for America. debate about how to further restruc- very vulnerable people who are in our It has been a good coalition, a ture and reform the program in the society. healthy coalition. The amendment con- coming years. I look forward to work- And, second, I would just say again, templated by the Senator from Texas ing with Chairman LUGAR in moving if the amendment contemplated by the will tear that coalition apart. That is that discussion and that debate for- Senator from Texas were to be success- why I say, if it were to succeed—I don’t ward. The more tools and options we ful, that is referring this back to con- think it will, I hope it won’t, I don’t can give our farmers to manage the ference committee, that would be the think it will—if it were, that would be risks of production, the more resilient end of this bill. Make no mistake about the end of this bill. our rural communities will be in the it. The amendment that I have seen I am hopeful, and I know the Senator face of market and weather fluctua- written and proposed—he has not of- from Texas is sincere in what he is try- tions. fered it yet, but as proposed by the ing to do—I happen to disagree with So this conference report accom- Senator from Texas—would kill this him, deeply disagree—that we ought to plishes a great deal in a single package. bill. It would kill the research provi- carve out asylees and refugees from the We have let the world know that we sions of this bill and it could kill the food stamp provisions of this bill. care about the vulnerable in our soci- crop insurance provisions of this bill Be that as it may, I still suggest that ety, those who are refugees and asylees along with the food stamp provisions. this amendment really is a basic who are escaping persecution—many Why do I say that? For two reasons. amendment that will kill this bill. We times religious persecution in other First, because we worked long and hard can’t afford to have that happen. I hope countries. A lot of times when they to get to this point in a bipartisan all my colleagues will support the come here, they don’t have a million fashion. There were long, serious dis- chairman and support others on both dollars in their pockets. Usually those cussions both in the Senate and in the sides of the aisle who signed the letter aren’t the kind of people who are per- House and in conference, and we to bring up the bill and to pass it as it secuted. But those who are persecuted reached our agreements and we have is. If we do that, I think we can have a for religious beliefs or otherwise, a lot strong bipartisan support for this. If swift conclusion of this bill tomorrow, of times who flee their countries, who this were to go back to the conference get it down to the President for his sig- come here, they don’t have a lot of committee—one, either the conference nature, our farmers can go ahead and money. They need an education. And, committee would not or could not get their crop insurance contracts re- yes, we provide them food assistance. I make these changes, and thus the bill newed, we can begin the process of think that is a part of what we ought would die in conference; or if the con- changing our research system, and we to be about in this country. What this ference committee voted to make these can meet the nutritional needs of the bill does is it restores it. We say to changes and it went back to the House, most vulnerable in our society. I yield those people, if you are escaping intol- there is no way that it would succeed the floor. erable situations in other parts of the in the House. Maybe it wouldn’t even The PRESIDING OFFICER (Mr. world, our doors will be open to refu- succeed in the Senate. I don’t know. GRAMS). The Senator from Mississippi gees and asylees, and we are going to But, Madam President, I have been is recognized. assure that you have adequate nutri- on the Agriculture Committee now, Mr. COCHRAN. Mr. President, I am tion to get you to the point where you both in the House and the Senate, for pleased that the order has been entered can apply for citizenship. 23 years. I have been through a lot of for the consideration of the conference Second, we have let the world know farm bills and a lot of farm bill amend- report on the agriculture research bill. we are serious about equipping Amer- ments and modifications. And we have As Senators may remember, when we ican agriculture for future food produc- for a long time had a good working re- passed the 1996 farm bill, the research S4618 CONGRESSIONAL RECORD — SENATE May 11, 1998 programs were only authorized to the Gregg, Tim Hutchinson, Jim Inhofe, country without a national missile de- year 1997. This allowed the committees Connie Mack, R. F. Bennett, and Jeff fense system, without the capacity to of jurisdiction to undertake a reevalua- Sessions. defend ourselves against an accidental tion of the way in which Federal dol- Mr. COCHRAN. Mr. President, I have launch of an intercontinental ballistic lars are allocated to research facilities been authorized to announce to the missile, or an unauthorized launch Senate on behalf of the majority leader that are operated by the Department of from another country possessing these that this cloture vote will occur on Agriculture and that are used for systems, or from a rogue nation which Wednesday at a time to be determined grants for research and extension serv- puts all of these ingredients together by the majority leader, after notifica- ice activities at colleges and univer- without our being able to detect it and tion of the Democratic leader. sities throughout the country. Mr. COCHRAN. Mr. President, I ask threatens the security of this country. As a result of that review, this legis- unanimous consent that the manda- So this is an effort to change our na- lation was produced. It improves the tory quorum under rule XXII be tional policy from the current 3+3 pro- way those funds are allocated. It tar- waived. gram of the administration, which is to gets those funds to the highest priority The PRESIDING OFFICER. Is there develop within 3 years, starting in 1997, subjects for agriculture research in our objection? Without objection, it is so a national ballistic missile defense ca- country. It is this Senator’s hope that ordered. pability, and then, if a threat is per- the Senate will approve the conference Mr. COCHRAN addressed the Chair. ceived to exist thereafter, to deploy report and we can proceed to consider The PRESIDING OFFICER. The Sen- such a system within 3 years from the other related legislation. ator from Mississippi is recognized. date that the threat is perceived to I point out the fact that we are in the Mr. COCHRAN. Mr. President, this exist. That is the 3+3 program of this appropriations process now for the next legislation was introduced by me and administration. We are seriously con- fiscal year. The passage of this con- the distinguished Senator from Hawaii, cerned that this is inadequate to meet ference report will facilitate the han- Mr. INOUYE, last month. It is legisla- the threat that currently exists. dling of the appropriations bill for the tion that would change the policy of First of all, the 3+3 program assumes Department of Agriculture and other our country with respect to the deploy- that there is no threat at this time to departments of the Government. If we ment of a national missile defense sys- the security of the United States or to are sent back to rewrite the bill in con- tem that would protect our Nation the citizens of the United States. The ference on a motion to recommit, it against limited ballistic missile at- legislation we have introduced says will slow down the process. It will tack. Since its introduction, 48 other that there is a threat, we are vulner- make it more difficult to achieve the Senators have joined us as cosponsors able. There could be—although it kind of coherent funding procedure of the legislation, and the Senate might be unlikely—an accidental or that we would otherwise be able to Armed Services Committee has re- unauthorized missile attack from Rus- enjoy. viewed the legislation and reported it sia or from China, both of whom, as we f for the consideration of the Senate. know, have intercontinental ballistic The committee report is available as missile capabilities right now. UNANIMOUS-CONSENT REQUEST— Calendar Order No. 345, and I invite the There is also an emerging threat that S. 1873 attention of Senators to the report. The legislation was produced because exists right now, because of events that Mr. COCHRAN. Mr. President, at this have occurred over the last several point in the order of business, the ma- of the findings of the Subcommittee on International Security, Proliferation, years that we have not been able to de- jority leader had indicated that it tect or discover through our intel- would be appropriate to call up Cal- and Federal Services, which I chair, which conducted hearings over the past ligence gathering agencies. I am going endar Order No. 345, S. 1873, the missile to cite some examples. And I invite the defense bill. year looking into the threat caused by the proliferation of weapons of mass attention of Senators to the bill itself, On behalf of the majority leader, I which recites a series of facts that were ask unanimous consent that the Sen- destruction and the means for deliver- ing those weapons of mass destruction, uncovered during the course of the ate now turn to the consideration of hearings our committee conducted last Calendar No. 345, S. 1873, the missile particularly missile systems. We had numerous expert witnesses year. defense bill. who talked about the basics of how The case of Iran is a good example. The PRESIDING OFFICER. Is there missile systems are developed, how the When that country was provided mis- objection? Atlas system was developed in our own sile components from Russia, we real- Mr. LEVIN. Mr. President, I object. country. General Bernard Schriever, ized that they were capable of acquir- The PRESIDING OFFICER. Objec- who was the manager of the Atlas ing new expertise not discernible by tion is heard. intercontinental ballistic missile pro- the Central Intelligence Agency. As a f gram, told of the challenges faced by matter of fact, during testimony that was provided to the Senate, the Direc- AMERICAN MISSILE PROTECTION those who worked to build this first tor of Central Intelligence indicated ACT OF 1998—MOTION TO PROCEED long-range missile system for the United States almost 50 years ago. He that it was anticipated that Iran would CLOTURE MOTION told of how, with the passage of time not be able to develop a medium-range Mr. COCHRAN. Mr. President, I move and the development of new tech- missile system for some 8 years or 9 to proceed to Calendar Order No. 345, S. nologies and communications systems years into the future. 1873, and I send a cloture motion to the and the easy access to scientific and Now, 1 year after that testimony was desk on behalf of the majority leader. technical information, those hurdles delivered to the Senate in 1997, the Di- The PRESIDING OFFICER. The clo- that were so difficult to overcome back rector of Central Intelligence sug- ture motion having been presented then are now not difficult at all; that gested that because of outside assist- under rule XXII, the Chair directs the nation states who are intent on devel- ance obtained by Iran from other coun- clerk to read the motion. oping the capacity to deliver weapons tries, it appears that they would be The legislative clerk read as follows: of mass destruction over long distances able to deploy a medium-range ballis- CLOTURE MOTION now can achieve those results not with tic missile much sooner than had been We the undersigned Senators, in accord- a 10-year program, but almost over- earlier predicted. Even though the Di- ance with the provision of rule XXII of the night if they have the determination, rector of Central Intelligence did not Standing Rules of the Senate, do hereby are willing to commit the dollars nec- say exactly when that capability could move to bring to a close debate on the mo- essary to acquire the component parts, be fielded, a State Department witness tion to proceed to Calendar No. 345, S. 1873, and have access to outside assistance told the Senate that, within a year or the missile defense system legislation: a year and a half, that missile system Trent Lott, Thad Cochran, Strom Thur- in the form of either components or mond, Jon Kyl, Conrad Burns, Dirk technical expertise. could be deployed by Iran. Kempthorne, Pat Roberts, Larry Craig, You can see evidence of that and why So what had been viewed as a threat Ted Stevens, Rick Santorum, Judd that is really a new concern for us as a which could occur 8 or 9 years in the May 11, 1998 CONGRESSIONAL RECORD — SENATE S4619 future, now, according to testimony re- didn’t have a system that was good complete this. They have now awarded cently received, it is clear it could be enough to be perfect or fail-safe. There a contract to a lead system integrator fielded some 7 or 8 years earlier than are risks. to develop a program pulling together had been anticipated as recently as a But here we are now almost 10 years all the component parts that had been year ago. later and what have we done to im- under separate research and develop- Another example is the case of Paki- prove the capability to protect the citi- ment, to try to make a coherent sys- stan, which recently—a month ago, zens of the United States against tem that could be deployed. But I don’t April 6—tested a ballistic missile with threats that we have heard from oth- know of anybody who believes that can a range of 1,500 kilometers. If you look ers—which the bill recites—and against really be done in 3 years. at a report that was made available to the emerging sophistication and range What we are trying to say to the Sen- the public back in November of 1997 on of new missile systems that are under ate and to the administration with the proliferation issues, it suggests that development in other parts of the filing of this bill and calling up this Pakistan has missiles at this time with world? We have gotten ourselves, I legislation is that we need to get seri- ranges of 300 kilometers. Now we see think, in the mindset of thinking about ous. This is a threat which exists now. them test a missile last month with Russia and China as the only nations It is emerging in other nation states— five times the range of what was said that we have to worry about who have some rogue states—and we are not to be in their arsenal back in Novem- intercontinental ballistic missile capa- doing enough to protect the security ber, 6 months ago. bility. We have had with Russia a rela- interests and the safety of American These are two examples of why the tionship that has kept either one of us citizens with the current policy. It is Director of Central Intelligence has from using our missile weaponry and immoral to sit back and do nothing or said that he is not able to predict with we are very grateful for the fact that to do no more than talk about it. any degree of certainty when other na- we have come through this period of If you look at the executive orders tions, rest-of-world countries, will have confrontation with the old Soviet that have been signed by the President intercontinental ballistic missile capa- Union without having a catastrophic over the last 5 years, he has said re- bility—because of ‘‘gaps and uncertain- tragedy as a result of these weapons of peatedly that we are confronted with a ties.’’ He used that phrase in his testi- mass destruction. national emergency as a result of bal- But now we can’t just focus our at- mony to the Senate. listic missile developments and weap- tention on Russia and China. We have Another example of these surprises ons of mass destruction that we find to consider what is going on in the rest involved Iraq. You will recall that Sec- going on in the world today—a na- of the world where there are ‘‘gaps and retary Cohen, then Senator Bill Cohen, tional emergency. made comments on the floor of the uncertainties’’ in our ability to know I wonder what would be the judgment Senate about the surprise that had oc- exactly what is going on with respect of the historians who would observe us curred when Iraq was able to launch a to weapons development and missile in this situation. We are coming upon development. But what we know is vehicle that almost put a satellite in the end of a fiscal year where it is pro- what we have been able to observe. And Earth orbit and—not only that—dem- jected we will have a budget surplus of what we have observed is a steady and onstrate the capability of using mis- $30 billion—some say it may go as high in some cases a rapid acceleration of siles with much longer ranges, with as $50 billion—and we wake up one capability and sophistication in coun- much more sophistication than anyone morning to a ballistic missile threat tries that do not consider themselves in our country had anticipated. That that is very real, or a ballistic missile friends of the United States. Some was an example of a surprise to our in- attack that is made against our coun- have talked about threatening us with telligence agencies, who had not an- try. The American people are going to missile attacks, destroying the United ticipated that those capabilities had say what were we doing. And the ad- States. Other comments have been been developed in Iraq. made by people like Muammar Qa- ministration said we asked for 3 billion Iraq surprised us in other ways. With dhafi. Others who have expressed their dollars in this fiscal year. That doesn’t the purchase of Scud missiles from anger toward the United States do not sound much like a national emergency North Korea and improvements that share our values. to me. were made in Iraq, almost overnight We have to consider this to be a seri- What I am beginning to realize is the world was confronted with a nation ous threat. The administration’s policy that if you talk like you are concerned state that had a lethal missile capabil- is a wait-and-see policy. Let’s do re- about the problem and you sound sin- ity; was threatening its neighbors and search and let’s proceed with the devel- cere about wanting to do something others; was developing weapons of mass opment of a missile defense system, about it or solve a problem, that that destruction which could be carried as but let’s wait and see if there is a is enough. You don’t really have to de- warheads by these missiles; was threat- threat to our security interests posed liver. That is the political situation ening others with destruction, suggest- by intercontinental ballistic missiles, that I think we see today. We are hear- ing that if it had a missile system that and then we will proceed to deploy the ing rhetoric, we are hearing promises, would reach the United States, it missile defense system. we are hearing a plan announced to get might use it. Actual threats were being You listen to anyone who has ob- us to a point where we will have a bal- made about catastrophic damage being served the funding process, the request listic missile defense system, but when inflicted on the United States by Iraq. for appropriations and authorization to you cut through all the talk and all the Fortunately for the defense of our se- proceed to the development of this pro- orders declaring it to be a national curity interests in that region, the gram, and everybody agrees that there emergency, all of the budget requests, Army had been developing the Patriot hasn’t been enough money put in the all of the testimony before the hear- missile defense system to protect program to reach a point where you ings and you find out what is really troops in the fields. It was a short- will have a system deployment. The ad- going on, you see a program that has range system; that was really all we ministration assumes we will have de- already been described as a ‘‘rush to had. When the Persian Gulf war broke veloped a defensive missile system failure,’’ because of the architecture, out, Americans were able to see that within 3 years. We are into that now, the way it is constructed, the way the this system was effective. It was not looking at the second year of that pro- program is managed, all of the reasons the best or the most perfect system gram, and the Secretary of Defense has that we have seen described in glowing you could have because many of the already sent up a request for additional terms by those who say we are doing Scud rockets got through. Some of moneys over and above what the Presi- the right thing, we are doing just them broke up over Israel. Some of dent had said they would want for the enough to keep us on a steady course them inflicted property damage all program, admitting in a letter he has so we can protect the security of the around the region. Twenty-eight sol- written in response to this legislation country. diers were killed in Dahran. United that there had not been robust enough I don’t believe we are doing enough. I States troops were killed with those funding to achieve that result. don’t believe we are managing the pro- missiles because we were unable to pro- I don’t think you can find anybody gram in a correct way, and I don’t tect their security at that time. We who says that they are really going to think we are going to get to a point S4620 CONGRESSIONAL RECORD — SENATE May 11, 1998 where we have the capacity to protect ty with them. We don’t have a mutual- blackmail, or coerce our leadership— our security or the safety of American assured destruction arrangement with that we are not going to sit idly by and citizens at a time when there is a them. We don’t have any defense wait and see any longer. We are going threat that we have to be concerned against their missiles. Even under the to do what is necessary to develop and about. I think we need to be concerned ABM treaty, there is an opportunity to deploy a national missile defense sys- now. That is what this legislation does. deploy a single-site missile defense sys- tem against limited ballistic missile I hope that Senators will look at our tem, and it is under that premise that attack. So don’t waste your money, proposal. It says simply that it is the our program has been developed up to don’t get carried away and go on a policy of the United States to deploy a this point—with a view that, if in the spending spree with a national program system to defend our country against a minds of those who defend the current to develop a weapons system that is ballistic missile attack as soon as the policy a threat is perceived to exist at going to intimidate the United States, technology is available. That is all this some future date, then we will deploy a because we are not going to be intimi- bill says. system that is compatible with the dated. We are not going to be defense- The Congressional Budget Office was provisions of the antiballistic missile less any longer. asked to assess the cost of the legisla- agreement with Russia. And, finally, this is not a vote today tion. They say that passage of this leg- The treaty also permits that agree- to deploy a system now. It is a vote islation has no cost impact. The ment to be amended. Whenever it is today to say it is our policy to deploy progress of the program to develop and considered to be in the national inter- a system when it is technologically deploy a system would depend upon the ests of either country, negotiations can possible, when an effective national annual authorization and appropria- take place. As a matter of fact, our missile defense system can be de- tions process, like any other acquisi- President was urged by the Senate to ployed. tion program. And that is the point. commence negotiation for the purpose So I hope that Senators will agree This program has not been treated like of amending the agreements. We know with this. Fifty Senators are sponsors any other acquisition program, and that the administration has under- of this legislation. I urge its adoption that is the problem. That is why it is a taken demarcation talks to try to dis- by the Senate. ‘‘rush to failure.’’ It is a rush to act tinguish between theater ballistic mis- Mr. LEVIN addressed the Chair. like you are doing something, but not sile defense systems and the national The PRESIDING OFFICER (Mrs. really accomplishing what you are say- ballistic missile defense system con- HUTCHISON). The Senator from Michi- ing you are setting out to accomplish. templated by the ABM Treaty, so that gan is recognized. You are experimenting. You are con- we can proceed to develop theater de- Mr. LEVIN. Madam President, the ducting some tests on various compo- fenses like the Patriot, Navy Upper- legislation being discussed this after- nent parts, whether it is communica- Tier, the Airborne Laser system of the noon would undermine a carefully de- tions, missile systems, guidance sys- Air Force, and the Theater High Alti- signed program called the National tems, the interceptors that are needed, tude Defense Area Program of the Missile Defense Deployment Readiness the sensors that are necessary. All of Army—looking at the different options Program, which is currently in place. those things are being tested. Some are that we have for protecting our troops That is why the Chairman of the Joint considered successful; some have been and limited areas against ballistic mis- Chiefs of Staff and the Secretary of De- considered unsuccessful. We had testi- sile attack. And so the ABM Treaty fense do not support this bill and why mony from General Lyles, who runs has some relevance in the debate, of they favor their current program that the Ballistic Missile Defense Office, course; but it is not an impediment to is in place. who said that they have learned some- the adoption of this bill. It would not This bill would commit us to deploy thing from all of these tests. To that contravene or in any way fly in the a national defense system before devel- extent, all of the tests have been suc- face of the Anti-Ballistic Missile Trea- opment is completed, without consider- cessful in that we build on the knowl- ty. ing the critical factors that should in- edge gained. Some of the critics who Some are beginning to realize that form a deployment decision. say it is a bad idea to have the capac- inevitably, at some point, we may have There are a number of critical fac- ity to defend our country against bal- to discuss with Russia further amend- tors. What is the impact on arms re- listic missile attack say that unless ments to the ABM Treaty. Russia may duction of such a commitment to de- you have a perfect test that shows an consider those amendments to be in ploy a system that could violate the interceptor hitting an in-coming mis- their interest, too. They are located in Anti-Ballistic Missile Treaty? There is sile, it is a failure, and it proves that close geographical proximity to some nothing in the language of this bill we don’t know how to do it. of these other countries that we have that says it will be treaty compliant. Well, look back to 1991, when the already mentioned. Not to suggest that Nothing in this bill says that the na- Persian Gulf war occurred, when we there is any threat now, but there may tional missile defense system that it saw Patriot missiles intercepting Scud be. Later, the Russians may have rea- commits us to deploy will be compliant rockets. Some of the Patriots were son to agree with us that this is not with the Anti-Ballistic Missile Treaty. intercepting and blowing the Scuds up, only in our mutual interest, but it is in That is a treaty, a solemn agreement or were near hits. The fact is that some their individual interest. And so this is between us and Russia. If we threaten of those interceptor missiles were not a referendum on the ABM Treaty. to break out of that treaty unilater- working even then. We have proven We do not seek to amend it or with- ally, we threaten the security of this that we can hit a bullet with a bullet. draw from it, or violate it by the pas- Nation because that treaty permits We have the technology to do that sage of this legislation. Russia to ratify the START II agree- today. What we don’t have is the will I am hopeful that after Senators re- ment and to negotiate a START III to deploy a system to defend our coun- view the report of the Armed Services agreement, reducing the number of try. Committee, the fact that the commit- warheads that they have on their mis- Now, let me say something about the tee has recommended the approval of siles and warheads that could also po- relationship with Russia and the ABM this legislation, and the findings that tentially proliferate around the world Treaty. Some are saying, ‘‘Well, were made by our subcommittee, some and threaten any number of places, in- doesn’t this mean you are backing out of which are recited in the language of cluding us. This is not just a cost de- of the ABM Treaty?’’ You have a treaty the bill itself, that it will be the will of bate; it is a debate about committing with Russia that says each will not de- the Senate to adopt this bill and to say ourselves to deploying a system not velop a defense system against the bal- to all—the American citizens who may yet developed, and without knowing listic missiles of the other. Well, first be worried about the vulnerability that the cost of that system. of all, the ABM treaty doesn’t have we find ourselves in now, and those It is not just a debate over whether anything to do with some of these na- who may be contemplating stealing a we ought to commit ourselves to a sys- tion states who are developing their march on the U.S. by developing quick- tem of unknown cost, without consid- own sophisticated and long-range ly a long-range missile capability that eration of other threats to this country weapons systems. We don’t have a trea- could be used to threaten, intimidate, from weapons of mass destruction and May 11, 1998 CONGRESSIONAL RECORD — SENATE S4621 of the likelihood of those threats actu- rity, emphasizing the importance of further developing a national missile defense ally happening. All those factors reductions in strategic offensive arms, and system as quickly as we should because should be taken into consideration. recognizing the fundamental significance of we have not made the commitment to This bill would commit us to deploy the antiballistic missile treaty, for these ob- jectives, as well as the necessity for effective deploy, then you would think some- a system which could undermine, theater missile defense, consider it their body on the Armed Services Commit- weaken, lessen, the security of this Na- common task to preserve the ABM Treaty, tee, 10 of whom voted for the bill before tion. And that is why this bill does not prevent circumvention of it, and enhance its us, would have voted to add money to have the support of the Joint Chiefs of viability. develop that system, or proposed it at Staff. That is why this bill does not That is the highest level that we can least. have the support of the Department of reach here, at least in our Government. But while the Armed Services Com- Defense. Yes; it commits us to deploy a You can’t go higher than having the mittee is deeply divided on the ques- system before we know the cost of the President of the United States and the tion of this bill—10 people voting yes system, without even knowing what President of Russia issuing a joint and 7 people voting no, if my recollec- the cost is and without comparing the statement, which they just did in tion is correct—nobody proposed that cost of this system to the cost of de- March of 1997, that recognizes the fun- we add money to the national missile ploying other systems which could de- damental significance of the Anti-Bal- defense to develop a system which is fend against or address different listic Missile Treaty for the objective referred to in this bill, presumably, be- threats of delivery of weapons of mass of further reductions in strategic offen- cause I think everybody on the com- destruction, like ships or trucks. sive arms. That is about as serious a mittee thought we had adequate fund- This bill would simply commit us statement as you can get. ing in our authorization. I do not want now to deploy. As far as I know, we I think we all want those reductions. to be presuming here. We have to find have never in the history of this Con- I don’t know of anybody in this body out whether that is true. Perhaps when gress ever committed ourselves to de- who does not want to reduce the num- the bill comes to the floor, somebody ploy a weapon system before it was de- ber of strategic nuclear weapons that will move to add additional funds. veloped. But this bill does that. It exist in this world. But for us to But I caution people, you can only would be a mistake to do so without threaten to deploy a system which move at a certain speed without jeop- consideration of those factors—cost, would, in all likelihood, violate the ardizing the program. You don’t want threats, and relative threats. But the Anti-Ballistic Missile Treaty and to do certain things before you have biggest mistake that this bill makes is would then jeopardize the reduction in adequately tested what you have al- to commit us to deploy a system which nuclear weapons, which we all hope for ready done. General Larry Welch, the could weaken and reduce the security so fervently, could undermine and retired Air Force Chief of Staff who of this Nation. weaken the security of this Nation. studied this issue for the Department All of us want to defend this country. That is why this bill does not have the of Defense, has cautioned us that we The good Senator from Mississippi support of our uniformed military. should not put more money, should not wants to defend this country. He is a So this isn’t a question of whether force more money, into a program and good friend of mine, and I know he you are for the security of the United push for a faster deployment without does. I know that is 100 percent his mo- States or not. We are all for the secu- adequately testing what we are doing tivation. And I hope and believe that rity of United States. This is a ques- and providing sufficient time for such he knows that is my motivation as tion of how best to achieve the security testing. well. of the United States. By committing But, nonetheless, we will find out on The question, though, is whether or ourselves to deploy a system which will the floor whether there are people who not we are helping the security of this lead to more weapons remaining on think we can usefully add more money Nation or reducing the security of this this Earth’s surface and thus contrib- to the development of a national mis- Nation. If we commit ourselves to de- uting to the proliferation of those sile defense, and, if so, I presume there ploy a system which, in all likelihood, weapons, by the mere fact that we would be an amendment. But that is would violate a treaty between our- would be jeopardizing reductions in the not this bill. This bill doesn’t add any selves and Russia it would not help our number of weapons, is not a way to money to a national missile defense security; it would reduce our security. contribute to the security of this Na- system. This bill commits us to deploy By the way, if that is not an intent, it tion. the system before it is developed, with- is very easy to amend this bill to say it The Chairman of the Joint Chiefs has out consideration of the impact on nu- would be a treaty-compliant deploy- written us a letter. I hope every Mem- clear arms reductions and without con- ment. But that language is not in this ber of this body will take some time to sideration of the cost of the system, bill. To threaten to break a treaty read this letter—it is dated April 21, since we have not developed it. It also which is key to the security of this Na- 1998—in which he compares the bill commits us without comparing the rel- tion is a terrible mistake. that we are discussing now, S. 1873, to ative cost of deploying this system I just want to repeat what that the current program, the so-called Na- against the long-range missile threats threat is. Russia has signed the START tional Defense Deployment Readiness there are at the time of the decision I agreement and has significantly re- Program. Under the current program, against the cost of deploying defenses duced the number of warheads. It is we are going to develop the capability against whatever other threats are very clear that if we break out of this to have a missile defense against inter- coming from different directions in the ABM Treaty unilaterally, and if they continental ballistic missiles. We are area of weapons of mass destruction. face ABM defenses here, they will not going to do it as fast as we can. So we have these two approaches. continue with the START I reductions, But what I think is particularly no- One is the current approach to a na- ratification of START II, and negotia- table about the defense authorization tional missile defense system, sup- tion of START III. bill—which will hopefully be on the ported by the Secretary of Defense and The ABM Treaty has been discussed floor later this week—is that I don’t the Chairman of the Joint Chiefs of between our President and the Russian think there is a member of our com- Staff, which puts a significant amount President. It has been discussed at the mittee, whichever side of this issue of money into development and which highest levels of government at a sum- that they are on, who voted additional then declares that when the system is mit meeting. They have issued state- money for national missile defense. developed, that we will make a deci- ments following those summits. Most The budget for national missile defense sion whether or not to deploy. That de- recently at the Helsinki Summit, has a significant amount of money in cision will be made after we have ade- March 21, 1997, President Clinton and it, some $950 million dollars. And if we quately developed and tested a system. President Yeltsin issued the following are not doing anything, as my good That decision will be based on a num- joint statement: friend from Mississippi said, if we are ber of facts, including the threats, the President Clinton and President Yeltsin, just sitting around on our hands, or cost, the cost-effectiveness, the oper- expressing their commitment to strengthen twiddling our thumbs while our secu- ational effectiveness and, very criti- strategic stability and international secu- rity is jeopardized, and if we are not cally, what arms reductions could be S4622 CONGRESSIONAL RECORD — SENATE May 11, 1998 jeopardized by a unilateral deployment sia to withdraw from START I. I am con- system as fast as is prudent. General of whatever system is developed. cerned that failure of either START initia- Welch suggests that we may even be Now, the letter from the Chairman of tive will result in Russian retention of hun- developing it faster than is prudent, the Joint Chiefs of Staff to me com- dreds or even thousands more nuclear weap- thereby jeopardizing the effectiveness ons, thereby increasing both the costs and pares the two bills, as I started to say, the risks that we face. of the system we develop. and it says that ‘‘the bill and the pro- But nonetheless, should we develop it gram that we currently have are con- Now, that is the issue which we must as quickly as prudent? Yes. Are we? sistent on many points. However, the decide here. Do we want to commit Yes. Should we prejudge the deploy- following differences make it difficult ourselves to the deployment of a sys- ment decision and make a determina- to support enactment.’’ tem not yet developed, the costs of tion which, as far as I know, has never Now, these are the reasons why the which are not known, the risks of been made in the history of Congress to Chairman of the Joint Chiefs, General which are many including—and these deploy a system before it is developed? Shelton, in his letter to me, says it is are the words of General We should not. And General Shelton difficult to support enactment. Shalikashvili—that we could face addi- and General Shalikashvili, our senior First, he says: tional thousands of nuclear weapons uniformed military, and our civilian ‘‘thereby increasing both the costs and The bill would establish a policy to deploy defense leaders, are urging that we as soon as technology allows. The NMD pro- the risks that we face.’’ stay with the current system, which is gram, on the other hand, requires an emerg- Might we want to deploy a system? that hedge strategy of developing so ing ballistic missile threat as well as The answer is yes. Weighing all of the that we could deploy should all those achievement of a technological capability factors which General Shalikashvili factors point in that direction after the for an effective defense before deployment of and General Shelton tell us should be missile defenses. development is completed. considered, might we want to deploy a Finally, Madam President, I want to Secondly, as to why General Shelton system after it is developed? The an- read one additional paragraph from the says it is difficult to support enact- swer is yes. That is why we are devel- letter of General Shalikashvili, then ment of this bill, he points out that: oping it—to put ourselves in a position Chairman of the Joint Chiefs of Staff, The bill asserts that the United States has where we could deploy—could deploy— to Senator Nunn, a letter dated May 1, no policy to deploy an NMD system. In fact, a national missile defense system. 1996. I ask unanimous consent that this the NMD effort is currently a robust re- Do we want to commit to deploying search and development program that pro- letter, plus the additional letters that I it before development is completed, have referred to, be printed in the vides the flexibility to deploy an initial ca- without consideration of the impact on pability within 3 years of a deployment deci- RECORD. sion. This prudent hedge ensures that the arms reductions, without consideration There being no objection, the mate- United States will be capable of meeting the of what the threat is at the time that rial was ordered to be printed in the the deployment decision should be need for missile defenses with the latest RECORD, as follows: technology when a threat emerges. made, without the consideration of CHAIRMAN OF THE those factors? We should not. Third, General Shelton says: JOINT CHIEFS OF STAFF, I disagree with the bill’s contention that Much more important than my say- Washington, DC, May 1, 1996. the United States ability to anticipate fu- ing that is what General Shelton said Hon. SAM NUNN, ture ballistic missile threats is questionable. and what General Shalikashvili said U.S. Senate, Committee on Armed Services, It is possible, of course, that there could be and what the Secretary of Defense said. Washington, DC. surprises, particularly were a rogue state to Do we all want to increase the security DEAR SENATOR NUNN: In response to your receive outside assistance. However, given of this Nation? We do. Will a commit- recent letter on the Defend America Act of the substantial intelligence resources being ment to deploy a system which could 1996, I share Congressional concern with re- devoted to this issue, I am confident that we gard to the proliferation of ballistic missiles will have the 3 years’ warning on which our lead us to face additional thousands of and the potential threat these missiles may strategy is based. nuclear weapons contribute to the se- present to the United States and our allies. curity of this Nation? I doubt it. Could The fourth point in his letter he has My staff, along with the CINCs, Services and there be a circumstance under which subsequently modified, I understand, so the Ballistic Missile Defense Organization we might want to deploy, despite the (BMDO), is actively reviewing proposed sys- I won’t quote that point. I believe he ABM Treaty? There could be. Does that tems to ensure we are prepared to field the sent a subsequent letter to Senator circumstance exist now? It does not. most technologically capable systems avail- COCHRAN advising that it no longer is Should we seek to negotiate with the able. We also need to take into account the relevant or that the point is now moot, parallel initiatives ongoing to reduce the Russians a shift from focusing on offen- I believe, agreeing with Senator COCH- ballistic missile threat. sive weapons to including defenses? We RAN on that point. In this regard, efforts which suggest But the fifth point he makes as to should. Should this be a mutual discus- changes to or withdrawal from the ABM why he says that ‘‘it is difficult to sup- sion? Should this be a mutual activity? Treaty may jeopardize Russian ratification of START II and, as articulated in the Soviet port enactment,’’ as he phrases it, is Surely, it should be. Can we unilater- ally now commit ourselves to deploy a Statement to the United States of 13 June that ‘‘the bill does not consider afford- 1991, could prompt Russia to withdraw from ability or the impact a deployment system which in all likelihood would violate a keystone treaty between our- START I. I am concerned that failure of ei- would have on arms control agree- ther START initiative will result in Russian ments and nuclear arms reductions. selves and the Russians? Should we retention of hundreds or even thousands Both points are addressed in the NMD commit ourselves to do that now? No. more nuclear weapons thereby increasing Deployment Readiness Program and Because by doing so we will weaken us, both the costs and risk we may face. should be included in any bill on not strengthen us. We can reduce the possibility of facing these increased cost and risks by planning an NMD.’’ Are we doing nothing? No. We are spending billions to develop a system NMD system consistent with the ABM trea- Now, those are his reasons. We have a ty. The current National Missile Defense De- letter from the Secretary of Defense, as to permit us to decide to deploy it, should we need to. So this is not a mat- ployment Readiness Program (NDRP), which well, saying that he does not support is consistent with the ABM treaty, will help this bill, and describing the current ter of should we do something or provide stability in our strategic relation- system, which is basically the hedge should we do nothing. We are pursuing ship with Russia as well as reducing future strategy that the Chairman of the a hedge strategy with our current NMD risks from rogue countries. Joint Chiefs described in his letter. program, as General Shelton described. In closing let me reassure you. Senator General Shalikashvili, the former The hedge is that we are developing a Nunn, that I will use my office to ensure a system as fast as it makes sense to de- timely national missile defense deployment Chairman of the Joint Chiefs of Staff, decision is made when warranted. I have dis- wrote us in May of 1996 the following: velop. And again, if we should develop it faster and if we can, then I am as- cussed the above position with the Joint In this regard, efforts which suggest Chiefs and the appropriate CINCs, and all are changes to or withdrawal from the ABM suming that we would face an amend- in agreement. Treaty may jeopardize Russian ratification ment on the defense authorization bill Sincerly, of START II and, as articulated in the Soviet that would seek to add more funds for JOHN M. SHALIKASHVILI, statement of 13 June 1991, could prompt Rus- that purpose. But we are developing a Chairman of the Joint Chiefs of Staff. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4623

THE SECRETARY OF DEFENSE, differences make it difficult to support en- not only must the technology be developed DEFENSE PENTAGON, actment. First and most fundamental are to allow for an effective defense, but that de- Washington, DC, April 21, 1998. the conditions necessary for deployment. ployment should be based on an emerging Hon. STROM THURMOND, The bill would establish a policy to deploy as rogue ballistic missile threat to the United Chairman, Committee on Armed Services, soon as technology allows. The NMD pro- States. To do otherwise is to waste scarce U.S. Senate, Washington, DC. gram, on the other hand, requires an emerg- Defense resources and to forego deploying DEAR MR. CHAIRMAN: I am writing in re- ing ballistic missile threat as well as the the most effective defense when the threat sponse to your request for the views of the achievement of a technological capability actually emerges. Department of Defense on S. 1873, the Amer- for an effective defense before deployment of The Intelligence Community has concluded ican Missile Protection Act of 1998. missile defenses. that a long-range ballistic missile threat to The Department of Defense is committed Second, the bill asserts that the United the United States from a rogue nation, other to ensuring that we properly protect the States has no policy to deploy an NMD sys- than perhaps North Korea, is unlikely to American people and America’s national se- tem. In fact, the NMD effort is currently a emerge before 2010 but could be accelerated curity interests. This requires that we have robust research and development program if those nations acquired this capability a carefully balanced defense program that that provides the flexibility to deploy an ini- from beyond their borders. The Intelligence ensures that we are able to meet threats to tial capability within 3 years of a deploy- Community concluded that the only rogue our people and vital interest wherever and ment decision. This prudent hedge ensures nation missile in development that could whenever they arise. A key element of our that the United States will be capable of strike the United States is the North Korean defense program is our National Missile De- meeting the need for missile defenses with Taepo Dong 2, which could strike portions of fense (NMD) program, which as you know the latest technology when a threat emerges. Alaska or the far-western Hawaiian Islands. was restructured under Secretary Perry and Third, I disagree with the bill’s contention however, as Secretary Cohen stated in his with the support of Congress as a ‘‘3+3’’ de- that the US ability to anticipate future bal- 1998 Annual Report to the President and the ployment readiness program. Under this ap- listic missile threats is questionable. It is Congress, the likelihood of the Taepo Dong 2 proach, by 2000 the United States is to be in possible, of course, that there could be sur- being operational by 2005 is very low. The a position to make a deployment decision if prises, particularly were a rogue state to re- Administration is not complacent about this warranted by the threat, and if a decision to ceive outside assistance. However, given the assessment. The National Missile Defense deploy were made at that time the initial substantial intelligence resources being de- program is designed to account for the un- NMD system would be deployed by 2003. If in voted to this issue, I am confident that we certainty about when and where threats may 2000 the threat assessment does not warrant will have the 3 years’ warning on which our emerge by developing a National Missile De- a deployment decision, improvements in strategy is based. fense capability that can be deployed well NMB system component technology will con- Fourth, the bill uses the phrase ‘‘system ahead of this estimate. The Administration capable of defending the territory of the tinue, while an ability is maintained to de- agrees that the United States must work to United States.’’ The NMD program calls for ploy a system within three years of a deci- defend all 50 states against potential limited defense of only the 50 states. Expanding per- sion. missile threats from rogue nations. The Na- The Quadrennial Defense Review re- formance coverage to include all US terri- tional Missile Defense Deployment Readi- affirmed this approach, although it also de- tories would have considerable cost, design, ness program will position the United States termined that the ‘‘3+3’’ program was inad- and location implications. to deploy an initial capability as early as Finally, the bill does not consider afford- equately funded to meet its objectives. Ac- 2003. But, the Administration opposes S. 1873 ability or the impact a deployment would cordingly, I directed that an additional $2.3 because it would commit the United States have on arms control agreements and nu- billion be programmed for NMD over the Fu- to deploy a National Missile Defense system clear arms reductions. Both points are ad- ture Years Defense Plan. It must be empha- in the absence of an emerging rouge state dressed in the NMD Deployment Readiness ballistic missile threat. The crucial dif- sized, though, that even with this additional Program and should be included in any bill funding, NMD remains a high risk program ference is in timing of a deployment deci- on NMD. sion. Commitment to deployment now, in because the compressed schedule neces- Please be assured that I remain committed the absence of a threat, would divert vital sitates a high degree of concurrency. to those programs that discourage hostile defense funds from more pressing military I share with Congress a commitment to en- nations from the proliferation of WMD and needs and would result in premature com- suring the American people receive protec- the missiles that deliver them. In that re- mitment to a technological option that may tion from missile threats how and when they gard, I am confident that our current NMD need it. S. 1873, however, would alter the be outdated when the threat emerges. program provides a comprehensive policy to The Office of Management and Budget ad- ‘‘3+3’’ strategy so as to eliminate taking into counter future ballistic missile threats with account the nature of the threat when mak- vises that, from the standpoint of the Ad- the best technology when deployment is de- ministration’s program, there is no objection ing a deployment decision. This could lead to termined necessary. to the presentation of this report for the the deployment of an inferior system less ca- Sincerely, consideration of the Committee. pable of defending the American people if HENRY H. SHELTON, Sincerely, and when a threat emerges. Because of this, Chairman of the Joint Chiefs of Staff. I am compelled to oppose the adoption of the JUDITH A. MILLER. bill. GENERAL COUNSEL OF THE DEPART- Mr. LEVIN. Madam President, the Please be assured, however, that I will con- MENT OF DEFENSE, DEFENSE PEN- paragraph to Senator Nunn reads as tinue to work closely with the Senate and TAGON, follows. House of Representatives to ensure that our Washington, DC, April 20, 1998. We can reduce the possibility of facing NMD program and all of our defense pro- Hon. STROM THURMOND, these increased costs and risks. grams are designed and carried out in a man- Chairman, Committee on Armed Services, And here he is talking about the risk ner that provides the best possible defense of U.S. Senate, Washington, DC. our people and interests. DEAR MR. CHAIRMAN: This is in response to he cited earlier in this letter of thou- Sincerely, your request for the views of the Department sands of more nuclear weapons being WILLIAM S. COHEN. of Defense on S. 1873, 105th Congress, a bill retained by Russia should we unilater- ‘‘To state the policy of the United States re- ally develop or deploy defenses in vio- CHAIRMAN OF THE garding the deployment of a missile defense lation of the ABM Treaty. General JOINT CHIEFS OF STAFF, system capable of defending the territory of Shalikashvili says: Washington, DC, April 21, 1998. the United States against limited ballistic We can reduce the possibility of facing Hon. CARL M. LEVIN, missile attack.’’ Ranking Minority Member, Committee on Armed The Department of Defense and the Admin- these increased costs and risks by planning Services, Washington, DC. istration object to the American Missile Pro- an NMD system consistent with the ABM DEAR SENATOR LEVIN: Thank you for the tection Act of 1998. In response, the Depart- Treaty. The current National Missile De- opportunity to comment on the American ment of Defense would note that the Admin- ployment Readiness Program, which is con- Missile Protection Act of 1998 (S. 1873). I istration’s National Missile Defense Deploy- sistent with the ABM Treaty, will help pro- agree that the proliferation of weapons of ment Readiness Program is correct, prudent, vide stability in our strategic relationship mass destruction (WMD) and their delivery and positions the United States to deploy a with Russia as well as reducing future risks systems poses a major threat to our forces, defense when a threat emerges. from rogue countries. allies, and other friendly nations. US missile S. 1873 would seek to make it United Those are the risks we are all con- systems play a critical role in our strategy States policy ‘‘to deploy as soon as techno- cerned about, risks from rogue coun- to deter these threats, and the current Na- logically possibile an effective National Mis- tries being particularly of concerns— tional Missile Defense (NMD) Deployment sile Defense system capable of defending the missile risks, yes, but other risks of de- Readiness Program (3+3) is structured to territory of the United States against lim- provide a defense against them when re- ited ballistic missile attack (whether acci- livery of weapons of mass destruction quired. dental, unauthorized, or deliberate).’’ also. The bill and the NMD program are consist- The Administration’s National Missile De- I think that is the greatest threat, ent on many points; however, the following fense program is premised on the view that those weapons of mass destruction and S4624 CONGRESSIONAL RECORD — SENATE May 11, 1998 the delivery by various means, every- opment the Taepo-Dong 2 missile with States, although outside assistance is a wild thing from suitcases to ships to truck a 6,000-kilometer intercontinental ca- card that could shorten timelines to deploy- bombs, perhaps to missiles. Those are pacity, which would put within its ment. the greatest risks that this Nation range portions of Alaska and Hawaii. The NMD program is structured to develop and test system elements the United States faces as we enter the next century. But These are facts. These are reports could deploy if intelligence indicated that a we are not reducing those risks; we are that have been made public. We know new strategic threat was emerging. The probably increasing those risks, if Rus- that they have already deployed sys- United States is not making a decision to de- sia, seeing us commit to deploy a sys- tems that are of shorter range than ploy a national missile defense at this time. tem unilaterally which could violate that, creating a very unstable and Deploying before the threat emerges would the ABM Treaty, then decides, as Gen- stressful situation because of the mis- preclude deploying the most advanced tech- eral Shalikashvili suggests they would, sile threat in that region of the world. nology if and when the threat does emerge. If that they can no longer comply with We are kidding ourselves if we con- a threat does not emerge, the NMD program will continue to improve the performance of START I, cannot ratify START II, or tinue to assume that there is no emerg- the system by advancing the technology of negotiate further reductions in START ing threat. These threats have each element and adding new elements as III. emerged, they exist now, and they necessary, while maintaining the capability So, I hope that this bill will not be show the capacity of nation states to to deploy a system in a short period of time. adopted. It was a vote of 10 to 7 in the develop, with their own technology, Mr. LEVIN. Madam President, I will Armed Services Committee which ap- their own technicians, weapons sys- just read one paragraph from this, and proved reporting this bill to the Sen- tems that are going to have longer and then I want to ask my good friend from ate. I assume it would be a very heav- longer ranges and the capacity to de- Mississippi a question. The paragraph ily debated bill, should it come before liver weapons of mass destruction. reads: the Senate. But in the meantime, I op- That is the reality. And when a CIA The national Missile Defense Program is pose this bill. Director says that he cannot predict structured to develop and test system ele- The PRESIDING OFFICER. The Sen- when rest-of-the-world nations will ments the United States could deploy if in- ator from West Virginia is recognized. have intercontinental ballistic missiles telligence indicated that a new strategic Mr. ROCKEFELLER. Madam Presi- because of ‘‘gaps and uncertainties’’— threat was emerging. The United States is dent, I ask unanimous consent that we when we don’t have the capacity to not making a decision to deploy a national might proceed as in morning business. make those findings and projections— missile defense at this time. Deploying be- Mr. COCHRAN. Reserving the right it seems to me that the facts are clear, fore the threat emerges would preclude de- ploying the most advanced technology if and to object, Madam President, and I and the facts are serious. They should don’t want to object, but I had hoped when the threat does emerge. If a threat does cause us great concern and convince not emerge, the NMD program will continue we could conclude this debate here and the Senate that it ought to take action to improve the performance of the system by I would withdraw this motion. I know in the passage of this legislation, and advancing the technology of each element of no Senators coming over to speak, change our policy of ‘‘wait-and-see’’ to and adding new elements as necessary, while unless the Senator from Oregon is one of ‘‘deploy as soon as the tech- maintaining the capability to deploy a sys- seeking to speak on this motion to pro- nology is ready.’’ It is going to be in tem in a short period of time. ceed to the bill. I heard there were our interests to deploy a system 1 year There is also a discussion in the pre- other Senators who were interested. If sooner than it is needed rather than 1 vious paragraph, which is now incor- the Senator will permit me a couple of year after it is needed. porated in the RECORD, as to why, rel- minutes, then I will withdraw this mo- Madam President, I had notified ative to the North Korean Taepo Dong tion and he can proceed as in morning other Senators that we were going to 2, and the ‘‘likelihood of its being oper- business. But right now, the business is withdraw the motion to proceed to con- ational by 2005 being very low.’’ the motion to proceed to consider this sider this bill. There will be other op- Now, my question of my friend is missile defense bill. It won’t take long, portunities to talk about it when it this. He made reference to the fact that I assure the Senator, if he will indulge comes up on Wednesday, if a vote on the motion is being withdrawn. I want me. cloture is ordered then, or Senators to be sure I understand; I assume he The PRESIDING OFFICER. The Sen- may talk about it as in morning busi- means that the motion is being set ator from Mississippi is recognized. ness during the remainder of this aside at this time—is that correct?— Mr. COCHRAN. Madam President, I evening. But if other Senators do not and that the scheduled vote on Wednes- would like to make one closing point wish to talk on the subject, it is my in- day is what is contemplated. that I think should be made regarding tention to withdraw the motion. Mr. COCHRAN. That is the intention the nature of the threat that exists Mr. LEVIN addressed the Chair. of this Senator. Thank you. now from other nations that are rap- The PRESIDING OFFICER. The Sen- Mr. LEVIN. I thank the Chair. idly increasing both the range and so- ator from Michigan. Mr. COCHRAN addressed the Chair. phistication of their missile systems. I Mr. LEVIN. Madam President, brief- The PRESIDING OFFICER. The Sen- talked about Iraq, our experience in ly, I ask unanimous consent that the ator from Mississippi. the Persian Gulf war, what we have portion of the annual report to the Mr. COCHRAN. Madam President, I known about the capability which they President and Congress from Secretary ask unanimous consent that the mo- developed very quickly after the pur- Cohen entitled ‘‘National Missile De- tion to proceed be withdrawn. chase of systems from North Korea. We fense Program’’ be printed in the The PRESIDING OFFICER. Without talked about Iran and the medium- RECORD. objection, it is so ordered. range Shahab-3 and -4 systems that There being no objection, the excerpt f they are developing. We talked about of the report was ordered to be printed MORNING BUSINESS Pakistan’s testing last month a 1,500- in the RECORD, as follows: kilometer-range missile, when 6 EXCERPT OF SECRETARY OF DEFENSE WILLIAM Mr. COCHRAN. Madam President, I months ago the Defense Department’s S. COHEN’S ANNUAL REPORT TO THE PRESI- ask unanimous consent that there now report on proliferation around the DENT AND THE CONGRESS, 1998, PAGES 65–66 be a period for the transaction of rou- world said that Pakistan had only a The Intelligence Community has concluded tine morning business, with Senators 300-kilometer-range missile and a that the only rogue nation missile in devel- permitted to speak for up to 10 minutes shorter-range missile in their arsenal. opment which could conceivably have the each. No mention was made of any longer- range to strike the United States is the The PRESIDING OFFICER. Without range missile. North Korean Taepo Dong 2, which could objection, it is so ordered. But I have neglected to point out strike portions of Alaska or the far-western Mr. WYDEN addressed the Chair. what is happening, and what we know Hawaiian Islands, but the likelihood of its The PRESIDING OFFICER. The Sen- being operational by 2005 is very low. With has happened, in North Korea, which this exception, no country, other than the ator from Oregon. has led to an assessment that they are declared nuclear powers, will develop or oth- Mr. WYDEN. Madam President, I ask developing missiles with much greater erwise acquire a ballistic missile in the next unanimous consent to speak in morn- ranges than that. There is under devel- 15 years that could threaten the United ing business. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4625 The PRESIDING OFFICER. Without And we are very proud of the strong Oregon—do have difficulty competing objection, it is so ordered. bipartisan support that this effort has today in the global marketplace. One f received. Governor George Bush, for ex- of the reasons they do is because geog- ample, from the State of Texas, has re- raphy is a very big barrier in terms of INTERNET TAX FREEDOM ACT cently spoken out on this issue. Our their ability to tap the global econ- Mr. WYDEN. Madam President, we colleague, Senator PAT LEAHY of Ver- omy. With the Internet Tax Freedom had a thoughtful discussion on the mont, Steve Forbes—the list of sup- Act ensuring that they are treated fair- floor of the Senate earlier today with porters for this effort literally spans ly both during this period when there Senator MCCAIN and Senator DORGAN the spectrum. is an effort to come up with new especially with respect to the high-tech I believe that the reason it has been ground rules, and for the 21st century, issues that will be coming up over the possible to generate such strong bipar- we give new opportunity to those small course of this week. tisan support for the Internet Tax Main Street businesses across America. In a sense, it is ironic that we call it Freedom Act is that during this period I believe that is why they have en- high-tech week here. I am very pleased where there will be a bar on discrimi- dorsed this legislation so strongly. that Senator LOTT and Senator natory taxes on electronic commerce, If ever there was an issue that was DASCHLE have been able to get an all other forms of taxation that are appropriate for the U.S. Senate to deal agreement to deal with these issues. used in the regular course of business with, it is this question. This is what And, in a sense, we are going to be would be allowed to go forward. So dur- article 1 of our Constitution is all dealing with high-tech issues all year ing the period when our country tries about. We have 30,000 taxing jurisdic- round as we face the 21st century. It is to develop a set of ground rules for tax- tions in America. I believe it is fair to not going to be something that we look ation of electronic commerce—all of say that if a fair number of these tax- at just from time to time, but it will the property taxes, all of the sales ing jurisdictions go forward and levy essentially dominate, in my view, de- taxes, all of the use taxes, all of the taxes on electronic commerce, in a dis- bate about public policy in the years business license fees that are non- criminatory way this will do enormous ahead. And I am particularly hopeful discriminatory—would stay in place. damage to what I believe will be the that this week we will have an oppor- For our colleagues that have been business infrastructure of the 21st cen- tunity on the Senate floor to debate following this issue, it is all laid out tury. the Internet Tax Freedom Act which, very specifically in section 3 of our leg- Senator MCCAIN and Senator DOR- as our Presiding Officer knows, was de- islation. For example, under our legis- GAN, as I said, had a very thoughtful bated at some length in the Senate lation if Mr. Brown in South Dakota discussion of the potential of Internet Commerce Committee earlier this picks up the phone and orders a sweat- commerce in the years ahead. But let year. er from J.C. Penney in Illinois he us make no mistake about it, if these My sense is that these tax issues are would pay the same sales tax as if he small businesses all across this country especially important because it is so walked into J.C. Penney in Sioux Falls, are going to suddenly have to put on critical that our country lay out a set SD. South Dakota taxes sales of goods accountants and various kind of tax of ground rules, a set of principles that will address the question of taxation over the Internet the same as sales of specialists to figure out what kind of and the digital economy. tangible personal property through taxes they owe in various local juris- Right now, you can live in the Dako- more traditional channels. Exactly the dictions across this country, this will tas, and if you want to send a tasty same treatment for a transaction, damage electronic commerce and the fruit basket from a company in Oregon, whether it is conducted over the Inter- ability of the small businesses to com- you can order it on line, say, from a net or whether it is conducted through pete in a profound way. firm in Virginia, and pay for it with a more traditional means. If you have a two-person operation, a Florida bank card, and you can end up Going further, if you are a chef in two-person business operating out of absolutely baffled with respect to how Charleston, SC, and you order a new an individual’s home, and they are many jurisdictions may be in a posi- saucepan from Williams-Sonoma in somehow supposed to collect scores of tion to impose taxes on this particular California, under our legislation you different sales and property taxes transaction. would pay the same sales tax as if you across this country there is going to be We have already heard in testimony walked in to the Williams Sonoma shop enormous confusion just as we see the before the committee that the uncer- in Charleston. South Carolina taxes electronic marketplace take off. I tainty surrounding these transactions sales of goods over the Internet the know no Member of the U.S. Senate has caused some businesses to go same as sales of tangible personal prop- wants to see that happen. under. In particular, we heard from a erty through more traditional chan- The bottom line is that the Internet small business in Tennessee about the nels. Tax Freedom Act applies only to those problem. The Wall Street Journal re- Now, there has been an effort by taxes that are not technologically neu- cently reports in a Peat Marwick sur- some to say that this legislation would tral. Only those taxes that single out vey that many financial executives are in some way harm Main Street. The the Internet would be affected, and uncertain with respect to how trans- fact of the matter is that Main Street every business in America would still actions will be handled in cyberspace. has overwhelmingly come out for this have to pay its share of taxes. So if a This has contributed to uncertainty legislation. I will append to my state- State has a 3-percent sales tax that a and reluctance to go forward and do ment a long list of the business groups customer has to pay the State when business on line. that support the legislation, but every walking into a store to purchase a Recently, one of the prominent ana- Member of the U.S. Senate has received product, under the Internet Tax Free- lysts, a firm by the name of Vertex, a letter from the Chamber of Com- dom Act, section 3 specifically, the cited several States where it was really merce in recent days with a ringing en- State can, in fact, charge a 3-percent impossible to know how to proceed dorsement of the Internet tax freedom sales tax on goods ordered over the with respect to electronic commercial legislation. And the reason for this Internet. transactions because, in effect, the very strong support, in my view, is I am very hopeful that there will be rules were so fluid that you would have that Main Street business has come an opportunity to debate this issue on to get an interpretation of tax law that out strongly for the legislation. I be- the floor of the U.S. Senate. A number really was not written. lieve the reason that Main Street busi- of my colleagues, Senator DORGAN spe- So I and others have introduced the nesses are so strongly supporting the cifically, have important issues that Internet Tax Freedom Act. And its pur- Internet Tax Freedom Act is that for they want to raise. I and other spon- pose is simple. That is to give consum- them, the opportunity to do business sors of this legislation have sought to ers and businesses engaged in elec- on-line ensures that geography will be address many of them. But I believe tronic commerce a timeout from dis- irrelevant in the 21st century. this is one of the most important criminatory taxes so that our country A lot of those small businesses on issues that this Senate could be dealing can develop a fair and reasonable pol- Main Street in rural America—and I with because it is going to frame the icy on Internet taxation. represent many of them in the State of ground work for the digital economy in S4626 CONGRESSIONAL RECORD — SENATE May 11, 1998 the 21st century and it is important voted to ratify the accession of Poland, alone identified 2800 critical systems that all businesses are treated fairly. Hungary, and the Czech Republic into that must be ‘‘cured’’ before Y2K. It is also important that the U.S. the North Atlantic Treaty Alliance. The Russians have not yet deter- Senate realize the damage that can be I joined 79 of my colleagues in sup- mined if they have a similar problem, done if you continue to see a growth in porting this historic measure. not to mention they have not com- the kind of confusion that the Vertex This vote occurred at the end of a menced the process of attempting to Company has pointed out with respect week of debate in the Senate on this fix it. to the inability of businesses to get an- matter. But it signaled the beginning It is in our interests to work with swers. We will damage Internet com- of an equally important process—that Russia to help them identify the scope merce if we see more small businesses of redoubling or diplomatic efforts to of their Y2K problem and to remedy it. like the Tennessee businessman who build greater trust and cooperation It would be detrimental in the ex- testified before the Commerce Commit- with Russia. treme to our interests if the Russians tee that he went out of business be- Many who argued against expanding awoke on the morning of January 1, cause of the confusion on the part of the alliance did so on the assumption 2000, with blank screens on their early his State with respect to how elec- that such expansion would sour our re- warning radars and command and con- tronic commercial transactions ought lations with Russia and reduce the trol systems. What could be even worse to be handled. chances for progress in arms control. I is if their critical systems continue to No Member of the U.S. Senate wants believe that the consequences of ex- operate with false and corrupted infor- to see that happen. We have an oppor- panding NATO are still undetermined, mation. It is in both U.S. and Russian tunity to get this issue with respect to and that those consequences will de- interests for us to have the highest the digital economy right. We have a pend largely on how we conduct our re- level of confidence in our command and chance to take a timeout from dis- lations with Russia in the coming control systems and to build con- criminatory taxes, come up with a pol- years. fidence through transparency and icy for Internet taxation that is fair Russia currently has 6,680 strategic other cooperative measures. and makes sense. Let’s not kill the nuclear warheads, thousands of tac- Another area that presents oppor- Internet goose that is showing the ca- tical warheads, and hundreds of tons of tunity for sustained outreach to Russia pacity to lay an extraordinary number fissile material that could be used to is interparliamentary cooperation. of golden eggs. produce additional nuclear warheads. Each member of Congress, regardless of I hope we will have a chance to dis- Ensuring that these weapons are their feelings on NATO enlargement, cuss this issue at great length through- properly controlled and further reduc- should make an effort to reach out to out the course of the week. I especially tions in strategic warheads are made is our counterparts in Russia to foster want to thank my colleagues, Senator one of the principal national security greater trust and cooperation. MCCAIN, the chairman of the Senate interests of the United States. During the Cold War, intermittent Commerce Committee, who has worked This is why it is critical that we take attention was paid to interparliamen- diligently with me on this legislation greater steps to reach out to Russia tary relations. Unfortunately, since for more than a year; my colleague, and demonstrate our desire to work 1989, Russians believe that U.S. inter- Senator DORGAN, who does have ques- with them in a cooperative fashion. est in such contacts has dwindled. tions about this legislation but has al- Mr. President, in 1996, I was a mem- Some efforts at interparliamentary ways been very fair in terms of raising ber of the Commission on America’s cooperation are underway. I will men- them. I am very hopeful we will have a National Interests. This commission, tion two of them. The Aspen Institute chance to debate and vote on this legis- which included my colleagues Senator has held yearly meetings since 1994 lation during the course of this week. MCCAIN, ROBERTS, and former Senator that bring together U.S. and Russian I yield the floor. Nunn, as well as other foreign policy parliamentarians. Speaker GINGRICH The PRESIDING OFFICER (Mr. AL- experts, was charged with identifying has established an initiative, under the LARD). The Senator from Florida. American national interests in the direction of Congressman CURT Mr. GRAHAM addressed the Chair. Post-cold-war era. WELDON, to reach out to the Russian The PRESIDING OFFICER. The Sen- The Commission specifically ad- Duma. But more should be done. Be- ator from Florida is recognized. dressed the question of expanding cause of its responsibility to provide f NATO, saying, ‘‘NATO enlargement is advice and consent on treaties, the in the U.S. interest, but it will be es- Senate has a special responsibility to PRIVILEGE OF THE FLOOR sential to manage the process in ways play a role in this effort. Mr. GRAHAM. Mr. President, I ask that take account of Russian con- We can be instrumental in creating unanimous consent that Dr. Susan cerns.’’ an environment in which the Russian Goodman be granted floor privileges We have already taken several im- Duma will seek to cooperate with the during the duration of my remarks. portant steps, including the U.S.-Rus- United States. In fact, the commission The PRESIDING OFFICER. Without sian Founding Act, the Nunn-Lugar on America’s National Interests spoke objection, it is so ordered. programs, and the Partnership for of ‘‘direct contact—engaging Russia in Mr. GRAHAM. Mr. President, what is Peace. Indeed, U.S. and Russian forces ways that demonstrate the benefits on the current time limitation for speak- have served side by side in Bosnia. But nonaggressive behavior,’’ as one of the ing as in morning business? there is much more to be done. principal ways that we can promote a The PRESIDING OFFICER. Ten min- We must seek new ways to cooperate benign Russian foreign policy. These utes is the time limit. and build trust between our two great types of contacts will also serve to Mr. GRAHAM. I ask unanimous con- nations. What is needed is a sustained strengthen Russian democracy. All of sent to speak for up to 20 minutes to creative program of outreach to dem- these are very much in the United deliver 2 statements on 2 different top- onstrate that NATO expansion was not States national interest. ics. a hostile act designed to build a new While I supported NATO expansion, I The PRESIDING OFFICER. Without Iron Curtain closer to Russia’s borders. was concerned that the Senate entered objection, it is so ordered. Nor was it a signal that we have lost into the debate after the United States (The remarks of Mr. GRAHAM pertain- interest in helping Russia work had already committed to expanding ing to the introduction of S. 2061 are through one of the most significant so- the alliance. located in today’s RECORD under cietal transformations in history. The vote for NATO expansion in the ‘‘Statements on Introduced Bills and One suggestion for creative outreach Senate was bipartisan, but in my judg- Joint Resolutions.’’) involves the Year 2000 Problem, which ment that support was not very deep. f is sometimes referred to as Y2K. Many senators, including myself, felt We have undertaken a massive effort we were too deeply committed to reject NATO EXPANSION to deal with this issue of the reliability expansion, calculating that the cost of Mr. GRAHAM. Mr. President, ap- of our information systems after the non-action at this point would be proximately ten days ago, the Senate year 2000. The Defense Department has greater than the risk of action. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4627 Preventing a repetition of this if and a world leader in agriculture, tech- One Minnesotan who has helped to when there is to be additional expan- nology, medicine, and business. shape our leadership role on inter- sion of the alliance is critical. A seri- Along the way, Minnesotans have en- national issues is former Governor Har- ous dialogue must involve Congress, dured cold winters, hot summers, old Stassen. Governor Stassen helped the White House, and the American floods, tornadoes, and any other natu- to write the charter for the United Na- people, and must take place before ral disaster Mother Nature has thrown tions and at age 91 continues to be an commitments are made. their way. outspoken proponent of free and open An example of this was the struc- At no time has the resolve of our peo- relations with the rest of the world. tured consultations that took place be- ple been more tested than with the nat- This coming weekend, Minnesota’s tween a Congress which was shifting in ural disasters that have plagued our international tradition will continue terms of its partisan leadership and a state during the last year. Last spring, when Secretary General of the United Democratic President immediately fol- the people of northwestern Minnesota Nations Kofi Annan comes to Min- lowing the end of the Second World were hit with the worst flooding in our nesota to tour the Center for Victims War. state’s history. Earlier this spring, the of Torture. Many may be surprised to In fact, Senator Tom Connelly and residents of south-central Minnesota hear that the Secretary General at- Arthur Vandenburg, the Chairman and lived through one of the largest torna- tended college in Minnesota, at Ranking Member of the Senate Foreign does ever to hit our state. Yet, in both Macalester College in Saint Paul. Relations Committee, were personally cases, Minnesotans worked together to For the last few minutes, I have been involved in negotiating many of the rebuild and recover, and Minnesota is speaking here on the floor, with great post-war treaties, spending much of stronger for their efforts. Strangers pride, about my home state. To some, I 1946, for instance, not in the Senate have labeled that willingness to step am sure it sounds a bit like bragging. Chambers but overseas involved in the forward and help one another as ‘‘Min- But on this day, 140 years after Min- detailed negotiations of what was to nesota Nice.’’ We think that is just the nesota became the 32nd State admitted become the framework of our cold war way things ought to be. to the Union, I want to express the strategy. Throughout our history, Minnesotans honor I feel in representing the people President Truman used these close have understood the importance of of Minnesota in the U.S. Senate—for consultations to build a bipartisan con- family, hard work, and personal re- Minnesota is one of the premier states sensus that led, among other things, to sponsibility. It is not just talk—they in the greatest country on Earth. the establishment of the North Atlan- live it. Growing up on a Minnesota I want to end today with the sen- tic Treaty Organization in 1949, and the dairy farm in a small farming commu- tence used by Minnesota author and strong vote of support which that trea- nity, I saw those strengths firsthand. I radio personality Garrison Keillor to ty received from the U.S. Senate. saw how these qualities help make describe the fictitious town of Lake Divided government raises the level Minnesota one of the world’s premiere Woebegone, Minnesota . . . . because I of partisanship on domestic issues. As food producers. think it can be applied to all of Min- a nation, we cannot accept similar de- Farming and farm-related businesses nesota. I am proud to hail from a state stabilization of our international val- play a critical role in our state; one of ‘‘where all the women are strong, the men are good looking, and the children ues, goals, and responsibilities. every four Minnesota jobs is tied in It will be on our ability to meet some way to agriculture, and 25% of are above average.’’ those challenges that the ultimate test our economy is dependent upon farm- f of the wisdom of our vote to expand the ers and agri-business. In 1996, Min- THE VERY BAD DEBT BOXSCORE North Atlantic Treaty Organization nesota was ranked 15th in the country Mr. HELMS. Mr. President, at the will be predicated. in agriculture exports to Asia. close of business Friday, May 8, 1998, Thank you, Mr. President. Minnesota’s world leadership is not the federal debt stood at f limited only to agriculture. Our state $5,485,869,171,398.56 (Five trillion, four is home to some of the world’s leading hundred eighty-five billion, eight hun- 140TH ANNIVERSARY OF THE AD- job providers—including 3M, Pillsbury, MISSION OF THE STATE OF MIN- dred sixty-nine million, one hundred Honeywell, Cargill, and a list far too seventy-one thousand, three hundred NESOTA INTO THE UNITED long to mention here. Minnesota is also STATES OF AMERICA ninety-eight dollars and fifty-six known for its achievements in the area cents). Mr. GRAMS. Mr. President, I rise of health care. It is a leader in the One year ago, May 8, 1997, the federal today to recognize and to help cele- medical device industry and home to debt stood at $5,330,417,000,000 (Five brate the 140th anniversary of Min- one of the world’s premiere health care trillion, three hundred thirty billion, nesota’s admission into the United facilities, the Mayo Clinic in Roch- four hundred seventeen million). States of America. Let me begin, Mr. ester. Twenty-five years ago, May 8, 1973, President, by quoting James Hill, The commitment of Minnesotans to the federal debt stood at $452,712,000,000 founder of the Great Northern Railroad hard work and to producing some of (Four hundred fifty-two billion, seven and one of Minnesota’s true pioneers. the best products in the world has hundred twelve million) which reflects It is said that Mr. Hill proclaimed his made Minnesota an active participant a debt increase of more than $5 tril- reasons for living and working in Min- not only in the nation’s economy, but lion—$5,033,157,171,398.56 (Five trillion, nesota by saying, ‘‘You can’t interest in the world economy as well. thirty-three billion, one hundred fifty- me in any proposition in any place Minnesotans have long understood seven million, one hundred seventy-one where it doesn’t snow.’’ the importance of America’s role with- thousand, three hundred ninety-eight Well, Minnesota has never had a in the international community. Our dollars and fifty-six cents) during the shortage of snow, which—depending on residents have had the insight to un- past 25 years. who you ask and just how many derstand that we do not live in a vacu- f months the winter has lingered—is um . . . that our economic prosperity considered either a blessing or a curse. depends on our ability to trade freely MESSAGES FROM THE PRESIDENT But even Mr. Hill recognized that snow with the rest of the world. This point Messages from the President of the is just one of Minnesota’s many riches. was highlighted during a meeting I had United States were communicated to Ever since word began to spread last last month with farmers in Crookston, the Senate by Mr. Williams, one of his century about a northern land of prom- Minnesota. Although they asked ques- secretaries. ise and prosperity, a land with abun- tions about issues here at home, many EXECUTIVE MESSAGES REFERRED dant natural resources and indescrib- of their questions were about IMF, free As in executive session the Presiding able beauty, people have traveled to trade, and the Asian financial crisis. Officer laid before the Senate messages Minnesota to live, work, and prosper. Our farmers and other business people from the President of the United And during its 140 years of statehood, know that what happens in Asia or Eu- States submitting sundry nominations Minnesota has produced some of the rope today can affect business in Amer- which were referred to the appropriate country’s best and brightest, making it ica and Minnesota tomorrow. committees. S4628 CONGRESSIONAL RECORD — SENATE May 11, 1998 (The nominations received today are standards if we start them off with In accordance with the requirements printed at the end of the Senate pro- small classes and well-prepared teach- of section 809 of the Housing and Com- ceedings.) ers in the early grades. munity Development Act of 1974, as f Under my proposal, the Department amended (12 U.S.C. 1701j–2(j)), I trans- of Education would provide $20.8 billion mit herewith the annual report of the REPORT ENTITLED ‘‘CLASS-SIZE in mandatory appropriations over a 10- National Institute of Building Sciences REDUCTION AND TEACHER year period (beginning with $1.1 billion for fiscal year 1996. QUALITY ACT OF 1998’’—MES- in fiscal year 1999) to States. The WILLIAM J. CLINTON. SAGE FROM THE PRESIDENT— States would then distribute the funds THE WHITE HOUSE, May 11, 1998. PM 123 to local school districts based on their f relative class sizes in grades 1 through The PRESIDING OFFICER laid be- ENROLLED BILL PRESENTED fore the Senate the following message 3, as well as on their ability and effort The Secretary of the Senate reported from the President of the United to finance class-size reductions with that on, May 8, 1998, he presented to States, together with an accompanying their own resources. The bill would the President of the United States the report; which was referred to the Com- provide States with considerable flexi- following enrolled bill: mittee on Labor and Human Resources. bility in distributing these funds, while ensuring that the most needy school S. 1502. An act entitled the ‘‘District of Co- To the Congress of the United States: districts receive a fair share. lumbia Student Opportunity Scholarship Act I am pleased to transmit today for Moreover, because my proposal would of 1998.’’ your immediate consideration and en- actually appropriate the funds needed f actment the ‘‘Class-Size Reduction and to carry out the program, States and EXECUTIVE AND OTHER Teacher Quality Act of 1998.’’ This leg- local communities could count on COMMUNICATIONS islative proposal would help States and these funds without the need for sepa- The following communications were local school districts recruit, train, and rate congressional appropriations each laid before the Senate, together with hire 100,000 additional well-prepared year. This proposal is fully paid for accompanying papers, reports, and doc- teachers in order to reduce the average within my Fiscal Year 1999 Budget, and uments, which were referred as indi- class size to 18 in grades 1 through 3 in therefore would not reduce the budget cated: our Nation’s public schools. It is an es- surplus. sential part of our overall effort to School districts would use these EC–4838. A communication from the Direc- strengthen public schools throughout tor of the Office of Regulatory Management funds to reduce class sizes in grades 1 and Information, U.S. Environmental Pro- the Nation. through 3. Just as importantly, these tection Agency, transmitting, pursuant to As schools across the Nation struggle funds would also be available for a va- law, the report of a rule entitled ‘‘Hazardous to accommodate a surge in enroll- riety of activities to ensure that stu- Waste Management System; Identification ments, educators and parents have be- dents in the early grades receive sound and Listing of Hazardous Waste; Recycled come increasingly concerned about the and effective instruction, such as mak- Used Oil Management Standards’’ (FRL– impact of class size on teaching and ing sure that teachers know how to 5969–4) received on April 27, 1998; to the Com- learning, particularly in the critically teach reading and other subjects effec- mittee on Environment and Public Works. EC–4839. A communication from the Direc- important early grades, where students tively in small classes. tor of the Office of Regulatory Management learn reading and other basic skills. This proposal includes strong ac- and Information, U.S. Environmental Pro- This concern is justified: rigorous re- countability for results. Participating tection Agency, transmitting, pursuant to search confirms what parents and school districts would produce ‘‘report law, the report of a rule entitled ‘‘Approval teachers have long believed—that stu- cards’’ documenting reductions in class and Promulgation of Implementation Plans; dents in smaller classes, especially in sizes and the achievement of their stu- New York State Implementation Plan Revi- the early grades, make greater edu- dents in reading, based on rigorous as- sion’’ received on May 1, 1998: to the Com- sessments. Schools whose students fail mittee on Environment and Public Works. cational gains and maintain those EC–4840. A communication from the Direc- gains over time. These gains occur be- to make gains in reading would be re- tor of the Office of Regulatory Management cause teachers in small classes can pro- quired to undertake corrective actions. and Information, U.S. Environmental Pro- vide students with more individualized In addition, the Department of Edu- tection Agency, transmitting, pursuant to attention, spend more time on instruc- cation would undertake a comprehen- law, the report of a rule entitled ‘‘National tion and less time on discipline, and sive national evaluation of this pro- Emission Standards for Hazardous Air Pol- cover more material effectively. More- gram and its impact on reading lutants for Source Category: Pulp and Paper over, the benefits of smaller classes are achievement and teaching. Production; Effluent Limitations Guidelines, I urge the Congress to take prompt Pretreatment Standards, and New Source greatest for poor, minority, and inner- Performance Standards: Pulp, Paper, and Pa- city children, the children who often and favorable action on this proposal. perboard Category’’ (FRL5924–8) received on face the greatest challenges in meeting Its enactment would help school dis- April 15, 1998: to the Committee on Environ- high educational standards. tricts reduce class sizes in the early ment and Public Works. Smaller classes will have the great- grades and improve instruction and EC–4841. A communication from the Direc- est impact on student learning if the achievement in reading, issues that are tor of the Office of Regulatory Management new teachers brought into the class- of major importance to parents and to and Information, U.S. Environmental Pro- the Nation. tection Agency, transmitting, pursuant to room are well qualified to teach read- law, the report of seven rules regarding acid WILLIAM J. CLINTON. ing and to take advantage of smaller rain, herbicide residues, pesticide ingredi- learning environments. For this rea- THE WHITE HOUSE, May 8, 1998. ents, fungicide residues, vehicle inspection, son, my proposal emphasizes not just f halogenated solvents and emissions reduc- class-size reduction but also profes- REPORT CONCERNING THE AN- tion (FRL6006–2, FRL5788–1, FRL5787–9, sional development for educators, and NUAL REPORT OF THE NA- FRL5788–5, FRL6007–3, FRL6007–5, FRL6004–5) received on April 29, 1998; to the Committee it will give school districts adequate TIONAL INSTITUTE OF BUILDING time to recruit and train staff while on Environment and Public Works. SCIENCES FOR FISCAL YEAR EC–4842. A communication from the Direc- phasing in smaller classes. Further- 1996—MESSAGE FROM THE PRESI- tor of the Office of Regulatory Management more, all new teachers hired under the DENT—PM 124 and Information, U.S. Environmental Pro- program would be required to pass a The PRESIDING OFFICER laid be- tection Agency, transmitting, pursuant to State teacher competency test and law, the report of four rules regarding the fore the Senate the following message would also have to be certified to teach clean fuel fleet program, Clean Air Act im- from the President of the United or be making satisfactory progress to- plementation plans, gaseous fueled vehicles States, together with an accompanying ward full certification. and engines, and bioaccumulative chemicals report; which was referred to the Com- (FRL5994–5, FRL5979–4, FRL5999–7, FRL5999– We can help all of our students learn mittee on Banking, Housing, and 8) received on April 16, 1998; to the Commit- to read independently and well by the Urban Affairs. tee on Environment and Public Works. third grade, get a solid foundation in EC–4843. A communication from the Direc- basic skills, and reach high educational To the Congress of the United States: tor of the Office of Regulatory Management May 11, 1998 CONGRESSIONAL RECORD — SENATE S4629 and Information, U.S. Environmental Pro- tection Agency, transmitting, pursuant to mission’s Rules, Table of Allotments, FM tection Agency, transmitting, pursuant to law, a report entitled ‘‘Status of the State Broadcast Stations (Ashdown and DeQueen, law, the report of five rules regarding air Small Buisness Stationary Source Technical Arkansas)’’ received on May 6, 1998; to the quality, fungicide tolerances and pesticide and Environmental Compliance Assistance Committee on Commerce, Science, and tolerances (FRL5996–5, FRL5998–3, FRL5996– Program’’; to the Committee on Environ- Transportation. 4, FRL5783–5, FRL5782–1) received on April ment and Public Works. EC–4863. A communication from the AMD- 16, 1998; to the Committee on Environment EC–4853. A communication from the Sec- Performance Evaluation and Records Man- and Public Works. retary of Transportation, transmitting, a agement, Federal Communications Commis- EC–4844. A communication from the Direc- draft of proposed legislation regarding trans- sion, transmitting, pursuant to law, the re- tor of the Office of Regulatory Management portation grants to improve international port of a rule entitled ‘‘In the Matter of and Information, U.S. Environmental Pro- border crossings and major trade corridors; Amendment of Section 73.202(b) of the Com- tection Agency, transmitting, pursuant to to the Committee on Environment and Pub- mission’s Rules, Table of Allotments, FM law, the report of four rules regarding Right- lic Works. Broadcast Stations (Perry, Florida)’’ re- to-Know chemicals, Clean Air Act implemen- EC–4854. A communication from the Direc- ceived on May 6, 1998; to the Committee on tation plans, landfill gas emmisions and tor of the Office of Rulemaking Coordina- Commerce, Science, and Transportation. grants to Indian Tribes for water pollution tion, Department of Energy, transmitting, EC–4864. A communication from the Assist- control (FRL5785–5, FRL6001–2, FRL6003–2) pursuant to law, the report of an administra- ant Legal Adviser for Treaty Affairs, Depart- received on April 21, 1998; to the Committee tive directive regarding the establishment of ment of State, transmitting the report of the on Environment and Public Works. requirements related to nuclear safety de- texts of international agreements, other EC–4845. A communication from the Direc- sign, criticality safety, fire protection and than treaties, and background statements; tor of the Office of Regulatory Management natural phenomena hazards mitigation at to the Committee on Foreign Relations. and Information, U.S. Environmental Pro- DOE facilities received on April 21, 1998; to EC–4865. A communication from the Direc- tection Agency, transmitting, pursuant to the Committee on Environment and Public tor of the Office of Regulatory Management law, the report of two rules regarding Right- Works. and Information, U.S. Environmental Pro- to-Know chemicals and air quality imple- EC–4855. A communication from the Gen- tection Agency, transmitting, pursuant to mentation plans (FRL5785–5, FRL5998–1) re- eral Counsel of the Federal Emergency Man- law, the report of four rules regarding air ceived on April 21, 1998; to the Committee on agement Agency, transmitting, pursuant to quality implementation plans in Pennsyl- Environment and Public Works. law, the report of a rule entitled ‘‘Disaster vania and Oregon and antimicrobial pes- EC–4846. A communication from the Direc- Assistance; Public Assistance Program Ap- ticides (FRL6009–3, FRL5976–5, FRL5789–3, tor of the Office of Regulatory Management peals; Hazard Mitigation Grant Program Ap- FRL5789–4) received on May 6, 1998; to the and Information, U.S. Environmental Pro- peals’’ (RIN3067–AC67) received on April 20, Committee on Environment and Public tection Agency, transmitting, pursuant to 1998; to the Committee on Environment and Works. EC–4866. A communication from the Direc- law, the report of two rules regarding land- Public Works. tor of the Office of Regulatory Management fill gas emissions in Iowa and Nebraska EC–4856. A communication from the Acting and Information, U.S. Environmental Pro- (FRL6662–4, FRL6002–8) received on April 21, Assistant Secretary of the Army for Civil tection Agency, transmitting, pursuant to 1998; to the Committee on Environment and Works, transmitting, a draft of proposed leg- law, the report of four rules regarding pes- Public Works. islation entitled ‘‘Water Resources Develop- ticide and herbicide residues, air quality im- EC–4847. A communication from the Direc- ment Act’’; to the Committee on Environ- plementation plans in Oregon, and dry clean- tor of the Office of Regulatory Management ment and Public Works. ing facility emissions in California and Information, U.S. Environmental Pro- EC–4857. A communication from the Acting (FRL5788–2, FRL5787–4, FRL6006–8, FRL6001– tection Agency, transmitting, pursuant to Assistant Secretary for Fish and Wildlife and 3) received on May 6, 1998; to the Committee law, the report of twenty-five rules including Parks, Department of the Interior, transmit- on Environment and Public Works. a rule entitled ‘‘Technical Amendments to ting, a draft of proposed legislation to make EC–4867. A communication from the Nu- OMB Control Numbers’’ (FRL–5724–3, FRL– technical changes to laws governing the Na- clear Regulatory Commission, transmitting, 5670–1, FRL–5807–2, FRL–5833–6, FRL–5835–9, tional Wildlife Refuge System; to the Com- pursuant to law, the report on abnormal oc- FRL–5728–8, FRL–5847–9, FRL–5980–9, FRL– mittee on Environment and Public Works. currences at nuclear facilities for fiscal year 5983–2, FRL–5982–7, FRL–5983–5, FRL–5980–8, EC–4858. A communication from the Acting 1997; to the Committee on Environment and FRL–5982–1, FRL–5981–8, FRL–5987–9, FRL– Assistant Attorney General, Office of Legis- Public Works. 5982–6, FRL–5983–6, FRL–5982–3, FRL–5983–1, lative Affairs, U.S. Department of Justice, EC–4868. A communication from the Com- FRL–5983–3, FRL–5982–2, FRL–5982–9, FRL– transmitting, a draft of proposed legislation missioner of Social Security, Social Security 5982–4, FRL–5981–2, FRL–5981–6) received on entitled, ‘‘The International Anti-Bribery Administration, transmitting, a draft of pro- April 23, 1998; to the Committee on Environ- Act of 1998’’; to the Committee on Banking, posed legislation entitled ‘‘The Supple- ment and Public Works. Housing, and Urban Affairs. mental Security Income Program Integrity EC–4848. A communication from the Direc- EC–4859. A communicaton from the Chair- Act of 1998’’; to the Committee on Finance. tor of the Office of Regulatory Management man of the Federal Energy Regulatory Com- EC–4869. A communication from the Chief and Information, U.S. Environmental Pro- mission, transmitting, pursuant to law, the of the Regulations Unit, Internal Revenue tection Agency, transmitting, pursuant to report of a rule entitled ‘‘Standards for Busi- Service, Department of the Treasury, trans- law, the report of five rules regarding herbi- ness Practices of Interstate Natural Gas mitting, pursuant to law, the report of a rule cide tolerances, drinking water, hazardous Pipelines’’ (Docket RM96–1–007) received on entitled ‘‘Weighted Average Interest Rate waste management, organobromide wastes, May 6,1998; to the Committee on Energy and Update’’ (Notice 98–26) received on May 6, and insecticide residues (FRL–5796–9, FRL– Natural Resources. 1998; to the Committee on Finance. 6003–5, FRL–5988–2, FRL–5999–9, FRL–5784–7) EC–4860. A communication from the Direc- EC–4870. A communication from the Chief received on April 23, 1998; to the Committee tor of the Office of Surface Mining Reclama- of the Regulations Unit, Internal Revenue on Environment and Public Works. tion and Enforcement, Department of the In- Service, Department of the Treasury, trans- EC–4849. A communication from the Direc- terior, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule tor of the Fish and Wildlife Service, Depart- port of a rule amending the Louisiana regu- entitled ‘‘Renewable Electricity Production ment of the Interior, transmitting, pursuant latory program under the Surface Mining Credit, Publication of Inflation Adjustment to law, the report of a rule to list one Cali- Control and Reclamation Act of 1977 received Factor and Reference Prices for Calendar fornia plant, pallid manzanita, as threatened on May 5, 1998; to the Committee on Energy Year 1998’’ (Notice 98–27) received on May 5, under the Endangered Species Act (RIN1018– and Natural Resources. 1998; to the Committee on Finance. AD35) received on April 21, 1998; to the Com- EC–4861. A communication from the AMD- EC–4871. A communication from the Execu- mittee on Environment and Public Works. Performance Evaluation and Records Man- tive Director of the Federal Labor Relations EC–4850. A communication from the Acting agement, Federal Communications Commis- Authority, transmitting, pursuant to law, Inspector General, U.S. Environmental Pro- sion, transmitting, pursuant to law, the re- the report under the Government in the Sun- tection Agency, transmitting, pursuant to port of a rule entitled ‘‘In the Matter of shine Act for calendar year 1997; to the Com- law, the annual Superfund report for fiscal Amendment of Section 73.202(b) of the Com- mittee on Governmental Affairs. year 1998; to the Committee on Environment mission’s Rules, Table of Allotments, FM EC–4872. A communication from the In- and Public Works. Broadcast Stations (Indian Springs, Nevada, terim District of Columbia Auditor, Office of EC–4851. A communication from the Ad- Mountain Pass, California, Kingman, Ari- the District of Columbia Auditor, transmit- ministrator of the U.S. Environmental Pro- zona, and St. George, Utah)’’ received on ting, pursuant to law, a report entitled tection Agency, transmitting, pursuant to May 6, 1998; to the Committee on Commerce, ‘‘Audit of the People’s Counsel Agency Fund law, a determination and findings regarding Science, and Transportation. for Fiscal Years 1995 and 1996’’; to the Com- a contract for the design and management of EC–4862. A communication from the AMD- mittee on Governmental Affairs. independant evaluations of recent EPA ini- Performance Evaluation and Records Man- EC–4873. A communication from the Sec- tiatives; to the Committee on Environment agement, Federal Communications Commis- retary of Defense, transmitting, pursuant to and Public Works. sion, transmitting, pursuant to law, the re- law, a report entitled ‘‘Report on the Capaci- EC–4852. A communication from the Ad- port of a rule entitled ‘‘In the Matter of tor and Resistor Industry’’; to the Commit- ministrator of the U.S. Environmental Pro- Amendment of Section 73.202(b) of the Com- tee on Armed Services. S4630 CONGRESSIONAL RECORD — SENATE May 11, 1998 EC–4874. A communication from the Acting S. 2057. An original bill to authorize appro- residents, ostensibly to take more pri- Assistant General Counsel for Regulations, priations for the fiscal year 1999 for military vate insurance payers and Medicare Department of Education, transmitting, pur- activities of the Department of Defense, for beneficiaries, which pay more per resi- suant to law, the report of a rule entitled, military construction, and for defense activi- dent. ‘‘Notice of Final Funding Priorities for Fis- ties of the Department of Energy, to pre- While this may have been a good fi- cal Years 1998–1999 for Certain Centers and scribe personnel strengths for such fiscal Projects’’ received on May 6, 1998; to the year for the Armed Forces, and for other nancial decision in the short run, its Committee on Labor and Human Resources. purposes; from the Committee on Armed effects on our Nation’s senior citizens, EC–4875. A communication from the Direc- Services; placed on the calendar. if practiced on a widespread basis, tor of Regulations Policy and Management S. 2058. An original bill to authorize appro- would be nothing short of disastrous. Staff, Office of Policy, Food and Drug Ad- priations for fiscal year 1999 for defense ac- In an April 7, 1998, Wall Street Jour- ministration, transmitting, pursuant to law, tivities of the Department of Energy, and for nal article, several nursing home ex- the report of a rule entitled ‘‘Radiology De- other purposes; from the Committee on ecutives argued that State govern- vices; Classifications for Five Medical Image Armed Services; placed on the calendar. ments and Congress are to blame for Management Devices’’ (Docket 96N–0320) re- S. 2059. An original bill to authorize appro- these evictions because they have set ceived on May 6, 1998; to the Committee on priations for the fiscal year 1999 for military Medicaid reimbursement rates too low. Labor and Human Resources. construction, and for other purposes; from While Medicaid reimbursements to f the Committee on Armed Services; placed on the calendar. nursing homes may need to be revis- REPORTS OF COMMITTEES S. 2060. An original bill to authorize appro- ited, playing Russian roulette with el- priations for fiscal year 1999 for military ac- derly patients’ lives is hardly the way The following reports of committees tivities of the Department of Defense, to pre- to send that message to Congress or to were submitted: scribe personnel strengths for such fiscal state legislatures. While I am willing By Mr. HATCH, from the Committee on year for the Armed Forces, and for other to engage in a discussion as to the eq- the Judiciary: purposes; from the Committee on Armed uity of nursing home reimbursement Report to accompany the bill (S. 1723) to Services; placed on the calendar. rates, I and my colleagues are not will- amend the Immigration and Nationality Act By Mr. GRAHAM (for himself, Mr. ing to allow nursing homes to dump pa- to assist the United States to remain com- CHAFEE, Mr. JOHNSON, Mr. HARKIN, petitive by increasing the access of United and Mr. GRASSLEY): tients indiscriminately. States’ firms and institutions of higher edu- S. 2061. A bill to amend title XIX of the So- The fact that some nursing home cation to skilled personnel and by expanding cial Security Act to prohibit transfers or dis- companies are willing to sacrifice el- educational and training opportunities for charges of residents of nursing facilities; to derly Americans for the sake of their American students and workers and for the Committee on Finance. own economic bottom line is bad other purposes (Rept. No. 105–186). f enough. What is even worse is their at- By Mr. THOMPSON, from the Committee tempt to evade blame for Medicaid on Governmental Affairs, with amendments: STATEMENTS ON INTRODUCED evictions. S. 1364: A bill to eliminate unnecessary and BILLS AND JOINT RESOLUTIONS The starkest evidence of this shirk- wasteful Federal reports (Rept. No. 105–187). By Mr. THOMPSON, from the Committee By Mr. GRAHAM (for himself, ing of responsibility is found in the on Governmental Affairs, with an amend- Mr. CHAFEE, Mr. JOHNSON, Mr. shell game many companies play to ment in the nature of a substitute: HARKIN, and Mr. GRASSLEY): justify evictions. Current law allows S. 981: A bill to provide for analysis of S. 2061. A bill to amend title XIX of nursing homes to discharge patients major rules (Rept. No. 105–188). the Social Security Act to prohibit for—among other reasons—inability to By Mr. THURMOND, from the Committee transfers or discharges of residents of pay. on Armed Services, without amendment: nursing facilities; to the Committee on If a facility decreases its number of S. 2060. An original bill to authorize appro- Finance. Medicaid beds, the State and Federal priations for fiscal year 1999 for military ac- governments are no longer authorized NURSING HOME PATIENT PROTECTION ACT tivities of the Department of Defense, to pre- to pay the affected residents’ nursing scribe personnel strengths for such fiscal Mr. GRAHAM. Mr. President, along home bills. The nursing home can then year for the Armed Forces, and for other with Senators CHAFEE, JOHNSON, conveniently, and unceremoniously, purposes (Rept. No. 105–189). GRASSLEY, and HARKIN, I will be intro- dump its former Medicaid patients By Mr. HATCH, from the Committee on ducing today the Nursing Home Pa- the Judiciary: Report to accompany the bill for—you guessed it—their inability to tient Protection Act. This is legisla- (S. 2037) to amend title 17, United States pay. Code, to implement the WIPO Copyright tion to protect our Nation’s seniors Evictions of nursing home residents Treaty and the WIPO Performances and from indiscriminate patient dumping have a devastating effect on the health Phonograms Treaty, to provide limitations from nursing homes. and well-being of some of society’s on copyright liability relating to material Approximately one month ago, it most vulnerable members. online, and for other purposes (Rept. No. 105– looked like 93-year-old Adela Mongiovi A recent University of Southern Cali- 190). might have to spend her 61st Mother’s fornia study indicated that those who By Mr. THURMOND, from the Committee Day away from the assisted living fa- on Armed Services, without amendment: are uprooted from their homes undergo S. 2057: An original bill to authorize appro- cility that she had called home for the a phenomenon known as ‘‘transfer priations for the fiscal year 1999 for military last four years. trauma.’’ For these seniors, the con- activities of the Department of Defense, for At least that’s what her son Nelson sequences of transfer trauma are stark. military construction, and for defense activi- and daughter-in-law Gina feared when The death rate among seniors is 2 to 3 ties of the Department of Energy, to pre- officials at the Rehabilitation and times higher than for individuals who scribe personnel strengths for such fiscal Health Care Center of Tampa told them receive continuous care. year for the Armed Forces, and for other that their Alzheimer’s disease-afflicted Those of us who believe that our purposes. mother would have to be relocated so S. 2058. An original bill to authorize appro- mothers, fathers, and grandparents are priations for fiscal year 1999 for defense ac- that the nursing home could complete safe because Medicaid affects only low- tivities of the Department of Energy, and for ‘‘renovations.’’ income Americans, we need to think other purposes. As the Mongiovis told me when I met again. S. 2059. An original bill to authorize appro- with them and visited their mother in A three-year stay in a nursing home priations for the fiscal year 1999 for military Tampa last month, the real story far can cost upwards of $125,000. As a result construction, and for other purposes. exceeded their worst fears. The sup- of this extreme cost, nearly half of all f posedly temporary relocation was actu- nursing home residents who enter as ally a permanent eviction—a perma- private-paying patients exhaust their INTRODUCTION OF BILLS AND nent eviction of all 52 residents whose personal savings, lose their health in- JOINT RESOLUTIONS housing and care were paid for by the surance coverage during their stay, and The following bills and joint resolu- Medicaid program. become Medicaid beneficiaries. Medic- tions were introduced, read the first The nursing home chain that owns aid is, for most retirees, the last refuge and second time by unanimous con- the Tampa facility, and several others of financial support. sent, and referred as indicated: across the United States, wanted to On April 10, the Florida Medicaid Bu- By Mr. THURMOND: purge its nursing homes of Medicaid reau responded to evidence of Medicaid May 11, 1998 CONGRESSIONAL RECORD — SENATE S4631 dumping in Tampa by levying a steep Motor Co. who would turn 90 in two weeks. who says she was prompted by the evictions $260,000 fine against the Tampa nursing Some of the residents wept. Others, suffering to find a new job. home. That was strong and appropriate from dementia, couldn’t comprehend what Panic spread in the next few days as wait- ing lists sprang up at other homes in the In- action, but it was only a partial solu- was being said. Mrs. Nelson, who is 72, under- stood; as the news sank in, she cried out dianapolis area. Even those who found com- tion. Medicaid funding is a shared re- from her wheelchair, ‘‘You’re kicking us out parable surroundings say they suffered dis- sponsibility—shared between the because we don’t have enough money.’’ orientation and the pain of losing their clos- States and the Federal Government. Wildwood is among the many nursing est friends. Many blamed themselves, includ- While the most egregious incident homes nationwide that Vencor Inc. is ing the pipe fitter, Mr. Dale, whose family occurred in Florida, Medicaid dumping emptying of Medicaid recipients. A publicly waited until two days after his 90th birthday is not the problem of a single State. traded company based in Louisville, Ky., on Feb. 11 to move him out. ‘‘Dad felt he had done something wrong,’’ says his daughter, While nursing homes were once locally Vencor ran hospitals before buying a 310-fa- cility nursing-home chain three years ago, to Jackie Vukovits. ‘‘The day we took him, he run and family-owned, they are in- become the nation’s fourth largest nursing- kept saying, ‘Why do I have to leave here. creasingly administered by multi- home chain. It says it now wants to attract They were good to me.’ ’’ State, multi-facility corporations that wealthier patients who can afford the higher Mr. Dale had just made the Wildwood have the power to affect seniors across levels of medical care it plans to provide. newsletter, his name ringed in stars. the the United States. Vencor also says it fears that a growing write-up ended: ‘‘Greg, we are very happy Mr. President, let me also point out number of successful lawsuits against nurs- you chose to live at Wildwood. Congratula- tions on being chosen Resident of the Month. that the large majority of nursing ing-home owners will hold the company to ever-higher standards of care that it can’t Vencor officials stand by their decision to homes in America treat their residents sustain under Medicaid rates. In Florida, evict Wildwood’s Medicaid residents but say well, and they are responsible commu- where the state attorney general has re- they have come to realize that mistakes nity citizens. Our bill is designed solely tained outside counsel to build a sweeping were made. ‘‘We really are doing this for to prevent potential future abuses by Medicaid fraud and abuse case against the what I consider to be the right reasons. Our the bad actors. entire industry, Vencor says it might with- goal is to turn this into the best medical nursing facility in that market,’’ says Mr. This bill is simple and fair. It would draw all 21 of its homes from Medicaid as a defensive move. Barr. ‘‘In hindsight, we probably could have prohibit current Medicaid bene- done a better job of notifying residents and ficiaries, or those who ‘‘spend down’’ to Overall, the company, which hasn’t pre- viously detailed its plans publicly, says it families.’’ Mr. Barr says he decided last week Medicaid from being evicted from their has withdrawn or begun withdrawing 13 to send company vice presidents to oversee homes. That is a crucial point, Mr. homes in nine states from Medicaid. It says all forthcoming evictions. After meeting yesterday with Mr. Barr, President. another 25 homes are candidates to be with- local advocates for the elderly and some Adela Mongiovi is not just a ‘‘bene- drawn because they are in cities where former residents said they would seek to ‘‘in- Vencor wants to link long-term hospitals it ficiary’’; she is a mother and she is a crease the pressure’’ on Vencor, possibly already owns with specialized nursing homes grandmother. And to Adela Mongiovi, through picketing and by seeking legislation aimed at higher-paying patients. Vencor the Rehabilitation and Health Care to prohibit evictions. ‘‘If Vencor is allowed may eventually open 90 non-Medicaid, spe- Center of Tampa is not an ‘‘assisted to get away with this, it opens the floodgates cialized nursing homes, many of them built not only for Vencor but other nursing-home living facility.’’ To Adela Mongiovi, it from scratch, the rest transformed from ex- chains in this country,’’ says Michelle is home. isting Medicaid facilities. Niemier, deputy director of United Senior This is the place where she wants, In addition, the company says it is doing Action, a statewide senior advocacy organi- all it can to maximize the number of non- and deserves—like all seniors—to live zation. the rest of her life with the security of Medicaid patients coming through its The changes were particularly wrenching, knowing that she will not be evicted. doors—something it regularly trumpets to residents and staff say, because Wildwood— Through the passage of this bill, we Wall Street. In nearly all circumstances, a founded by a local concern in 1988—had a Vencor nursing home with an empty bed will can provide that security to Adela reputation as one of the city’s best homes turn a Medicaid resident away in the hopes and had remained nearly full in a state with Mongiovi and to all of our Nation’s that a private patient will soon come along seniors. below-average nursing-home occupancies. and take the space. The residents were a close-knit group, hav- Mr. President, I ask unanimous con- ‘‘We’ll go out of Medicaid in all 300 build- ing decided this was where they would live sent that the article to which I referred ings if we don’t start to see a little change in the rest of their lives. One year, residents from the April 7, 1998, Wall Street the Medicaid program,’’ says Michael Barr, sold crafts to pay for a gazebo. Vencor’s chief operating officer. He says Journal be printed in the RECORD. Last summer, two years after it purchased There being no objection, the article Vencor is losing money on its Medicaid pa- the facility, Vencor hired Edward Hastings tients—a standard complaint by nursing- was ordered to be printed in the to run it. A 16-year veteran of nursing-home home owners. States say they cover all ‘‘rea- administration, Mr. Hastings had been a re- RECORD, as follows: sonable’’ costs and contend that homes can gional administrator for a nursing-home [From the Wall Street Journal, Apr. 7, 1998] make a profit from Medicaid. chain and then worked as a consultant for FOR MEDICAID PATIENTS, DOORS SLAM CLOSED Relinquishing the reliable income of Med- the state of Indiana, monitoring nursing icaid—which at least ensures that few beds (By Michael Moss and Chris Adams) homes that failed their health-care inspec- remain empty—is a gamble. But with big tions. INDIANAPOLIS—On Monday, Jan. 26, right public companies racing into the nursing- In November, only weeks before the evic- after lunch, Betty Nelson and dozens of other home industry and pursuing more aggressive tion announcement, Wildwood residents were residents of Wildwood Health Care Center pricing strategies, many other companies cheered by a makeover of the facility: fresh were brought into the activity room and told also are targeting the higher end of the mar- paint, new floor tiles, sleek name plates for they were being evicted. ket. And industry analysts predict that some residents’ doors. Then gossip spread that this Rumors about an impending change had may follow Vencor’s lead in jettisoning Med- fresh look was not meant to benefit every- circulated at the nursing home for weeks, icaid recipients. one. It was left to Mr. Hastings to break the but the news delivered on this wintry day Only a few states, including California and news. stunned the elderly patients as they stood at Tennessee, currently bar mass evictions. While a handful of nursing homes in some their walkers or sat in their wheelchairs. These states instead require companies seek- states have always made do without Medic- The facility was ending its relationship with ing to withdraw from Medicaid to wait until aid residents, the vast majority of nursing Medicaid, the state-run health subsidy for patients die or choose to leave. Nearly all homes nationwide have come to rely on the the poor. Nearly 60 of its 150 residents would other states leave the matter entirely up to government program for a good chunk of have to find new places to live. the nursing-home owner’s discretion. their revenue. Medicaid recipients play a big Most had worked all of their lives, and Economics aside, evicting old people can role in keeping a facility’s census up. Even if many had started out paying their own way create hard feelings in the community, as the reimbursement is much lower than the at Wildwood, which charged them $3,000 or Vencor learned at Wildwood. There, little as- private rate, it is usually perceived by own- more a month. But eventually they had run sistance or planning preceded the eviction ers as superior to empty beds. through their savings and had turned to notice to the residents. Many families were ‘‘It’s highly unusual to pull out of Medic- Medicaid to help pay their bills. informed only after the residents were told. aid,’’ says Lori Owen Smetanka, an attorney There among the crowd were 88-year-old Management also kept the news secret from for the National Citizens’ Coalition for Nurs- Della Arthur, a glove maker who later served most staff members, many of whom were dis- ing Home Reform, an advocacy group in nearly two decades as a Red Cross volunteer; traught as weeping residents wheeled or Washington, D.C. Even in Kentucky, 73-year-old Art Biech, a former postal carrier walked from the room after the brief evic- Vencor’s home state, state Cabinet for who handed out Wildwood’s mail; and Greg- tion meeting. ‘‘It just broke my heart,’’ says Health Services spokeswomen Barbara Had- ory Dale, a retired pipe fitter with Ford Valerie Lynch, a former activities assistant ley Smith says nursing homes ‘‘are fighting S4632 CONGRESSIONAL RECORD — SENATE May 11, 1998 to get into Medicaid.’’ Vencor has one Ken- wood in 1994, Mr. Dale paid his bills with sav- unprofessional way,’’ she wrote. She says she tucky home, Hermitage Nursing and Reha- ings, Social Security and a pension. His didn’t get a response. bilitation Center in Owensboro, that is now daughter, Mrs. Vukovits, says the facility Mr. Hastings, the administrator, who was in the process of moving its Medicaid resi- led them to believe that it would gladly familiar with Mrs. Newman’s letter, says, ‘‘If dents out. allow him to shift over to Medicaid when I was in her position, I’m sure some people A review of U.S. Health Care Financing necessary, and he did so, eventually to sup- thought it was cold and callous because we Administration records shows that 127 homes plement his dwindling funds. Even so, she were throwing them out.’’ officially pulled out of the Medicaid program says, he continued to cover a large portion of Vencor’s Mr. Barr says a regional official in the past two years—nearly all because his $80-a-day bill at Wildwood by turning overseeing Wildwood was reprimanded for they closed their doors entirely, merged with over his Social Security and pension income. not responding to the letter. Last week, that other homes or were threatened with termi- Vencor says it never really considered let- official resigned. Mr. Barr adds: ‘‘I don’t nation because of low quality. Only one ting people like Mr. Dale stay on. ‘‘My phi- want to be defensive of a comedy of errors home indicated to federal officials that it losophy is that if you have to do something here because it appears that there were some pulled out of Medicaid because of ‘‘dis- you’re better off to face up to it and do it,’’ bad judgments made here. And I’m in a situ- satisfaction with reimbursement.’’ Vencor’s Mr. Barr says. ‘‘This is like having ation right now where I’d like to go up and But it is likely to happen more. In addition to go through an amputation. If you have to choke the administrator [Mr. Hastings] and to Vencor, other nursing home operators, cut your hand off, do you cut it off a finger pound his head on the floor a couple of times both large and small, are weighing whether at a time or just cut your hand off and go and tell him not to do it again. I don’t want to opt out of their state’s Medicaid pro- on?’’ him to use the kind of bad manners that it grams. Dick Richardson, chief executive offi- Families of Wildwood residents say they looks like we used here by not thinking cer of Renaissance Healthcare Corp., says his worried most about the difficulties involved through the whole process with these pa- nursing home in Holyoke, Mass., dropped out in relocation. Three months earlier, Mr. Dale tients.’’ of Medicaid last year due to low reimburse- had been moved from Room 400 to Room 303 On a recent tour of Wildwood, the upbeat ment. to accommodate the renovations. ‘‘It doesn’t Mr. Hastings pointed to the renovations and Mr. Richardson says the relatively small seem like a big move, but it really is,’’ says said, ‘‘What you’re seeing is only going to home would lose money if it filled all 61 beds Mrs. Vukovits. ‘‘He went downhill. He fell get better.’’ Among his ideas, which the com- with Medicaid residents. So he evicted his going to the bathroom. It was a longer dis- pany says are preliminary: a day-care center Medicaid residents, dropping the census to tance to the dining room, so he had to start for the elderly, a hospice for patients ex- five non-Medicaid people. He now has 20 pri- using a wheelchair. He stopped going to ac- pected to die within six months and the vate-pay and Medicare patients and says the tivities.’’ novel idea of overnight stays for patients home will break even at about 32 private pa- ‘‘He was just getting over that,’’ she says, who usually live elsewhere. ‘‘With the mid- tients. ‘‘I know there are going to be other when the evictions were announced. night care, you could drop off your father at homes up here that do the same,’’ he says. Mr. Hastings says the evictions were dinner and pick him up in the morning,’’ Mr. ‘‘It’s unfortunate for Medicaid patients, but scheduled to occur hallway by hallway over Hastings said. ‘‘We’re looking for a niche we for business it might be good.’’ five months. ‘‘We didn’t want to shock ev- could fill.’’ Vencor, too, contends that it loses money erybody,’’ he says. But when news about In Room 006, Ms. Arthur was waiting to on Medicaid, which, at Wildwood, pays it $82 waiting lists got around, he says. ‘‘People move. Weeks ago, she packed her belongings a day for providing the same intermediate panicked a little bit and left.’’ into six boxes and stacked them in the bath- level of care for which private patients are Joining in the exodus were some residents room. But she has no immediate family, and charged $125. But Vencor’s average daily who still paid the higher private rates but she says her guardian had been out of town. take from Medicaid has increased 16% at who realized that they, too, might eventu- The adjoining rooms—formerly occupied by Wildwood since 1995. And two months ago, ally need Medicaid, and Wildwood’s occu- her friends, Mrs. Mercer, Mrs. Nelson, Mr. the state, sued by Indiana’s nursing-home pancy plunged from 150 to 78. Mr. Hastings Dale, Mr. Biech—were vacant. trade group, said it would build a new rate says it has rebounded into the 90s. Holding her big white purse, Ms. Arthur system allowing for more generous payments Most who left found homes through their sat in a corner beneath the bare walls, and for sicker patients. own searching. Many sought help from Kay said she didn’t know why she had to leave. Even with the current Medicaid plan, Wild- Mercer, a 62-year-old stroke victim who had ‘‘Everyone I’ve talked to, they’ve had tears wood as a whole had an operating profit of been resident council president. ‘‘They fol- in their eyes. Many here had to go and I miss $797,410 on revenue of $7.5 million in its most lowed me here,’’ she says at her new home, them so. They were wonderful,’’ she says. ‘‘If recent fiscal year, its filing to the state the Oaks Rehabilitation and Health Care there was anything I could do to turn it dif- shows. That 10.7% margin is higher than the Center, where several Wildwood residents in- ferent, I would. I like it here very, very average for nursing homes in Indiana and na- cluding Mrs. Nelson and Mr. Biech moved. much. It’s good. Oh me, why? All these fine tionwide. According to H-CIA Inc., a Balti- Mr. Dale moved to another home, where he buildings and fine furniture. Whatever the more health-information concern, the na- has adjusted to the new view from his win- cause, I can’t figure.’’ tional average margin for nursing homes was dow. ‘‘I don’t think I bother anybody. I Mr. GRAHAM. Mr. President, I sub- less than 5% in 1995, the most recent year for hope,’’ he say one warm spring day, eating mit the bill and ask for its immediate which figures are available. lunch. referral. From its base as an operator of specialty Others didn’t fare so well. Two days after long-term hospitals, Vencor rapidly ex- Wildwood resident Jane Van Duyn moved The PRESIDING OFFICER. The bill panded from 1985 to 1995. Its stock, after an into another nursing home, the 57-year-old will be received and appropriately re- initial public offering in 1989, shot up sever- woman with severe multiple sclerosis slipped ferred. alfold in a little more than two years. But into a coma. She died within the week. Her f regulatory changes and competitive pres- husband, Ed Van Duyn, says he can’t blame sures have hurt. Three years ago, Vencor’s her death on the move, since she was already ADDITIONAL COSPONSORS stock stood at $37; yesterday, it closed at quite weak, but he notes that the disease S. 263 $29.50 a share, up 18.75 cents in composite leaves its victims vulnerable to stress and At the request of Mr. MCCONNELL, trading on the New York Stock Exchange. even slight temperature changes. ‘‘Every the name of the Senator from Wyoming Now it is hoping that higher fees from pri- trauma they get sets them back.’’ . .. vate patients will help it make a comeback. Asked about the death, Mr. Barr said, (Mr. ENZI) was added as a cosponsor of Wildwood now charges $168 a day for top- ‘‘We’re dealing with old people who are frag- S. 263, a bill to prohibit the import, ex- level care. And Vencor has ambitions of ile, who already have been moved out of port, sale, purchase, possession, trans- higher prices still at Wildwood and its other their own home, and are in a different home, portation, acquisition, and receipt of homes. and there certainly is absolutely no easy bear viscera or products that contain New federal rules will help: Changes ex- way to deal with displacing them again.’’ or claim to contain bear viscera, and pected May 1 will allow Medicare rates to go Residents and families say that a final in- for other purposes. as high as $600 a day for the most intensive sult was that they had to pay expenses con- S. 358 level of care, industry analysts say. nected with the eviction, including the $45 What complicates the process of phasing telephone reconnection charges. Mr. Van At the request of Mr. DEWINE, the out Medicaid patients is the fact that many Duyn says Vencor refused even to pay the name of the Senator from Montana start out as paying residents and only later $200 ambulance fee for moving his wife. Mr. (Mr. BAUCUS) was added as a cosponsor switch to Medicaid. Thus, a nursing-home Barr says Vencor would reconsider this deci- of S. 358, a bill to provide for compas- company that bars Medicaid patients at the sion. sionate payments with regard to indi- door could end up dealing with Medicaid Residents and their families say they were viduals with blood-clotting disorders, eventually. too overwhelmed at first to fight back. But At Wildwood, Mr. Dale’s story offers an ex- Lou Ann Newman, Mrs. Nelson’s daughter, such as hemophilia, who contracted ample. After breaking his neck in a fall in wrote to Vencor and state agencies on Feb. 6 human immunodeficiency virus due to 1992, he paid a caretaker $7 an hour to watch asking for an investigation. ‘‘This matter contaminated blood products, and for over him at home. When he entered Wild- was handled in a most cold, calloused and other purposes. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4633 S. 1260 mation available through the Congres- on the freedoms and human rights of At the request of Mr. GRAMM, the sional Research Service web site. the enclaved people in the occupied name of the Senator from Kentucky S. 1618 area of Cyprus. (Mr. MCCONNELL) was added as a co- At the request of Mr. MCCAIN, the SENATE CONCURRENT RESOLUTION 88 sponsor of S. 1260, a bill to amend the name of the Senator from Wisconsin At the request of Mr. ASHCROFT, the Securities Act of 1933 and the Securi- (Mr. FEINGOLD) was added as a cospon- name of the Senator from Montana ties Exchange Act of 1934 to limit the sor of S. 1618, a bill to amend the Com- (Mr. BURNS) was added as a cosponsor conduct of securities class actions munications Act of 1934 to improve the of Senate Concurrent Resolution 88, a under State law, and for other pur- protection of consumers against ‘‘slam- concurrent resolution calling on Japan poses. ming’’ by telecommunications carriers, to establish and maintain an open, S. 1314 and for other purposes. competitive market for consumer pho- At the request of Mrs. HUTCHISON, the At the request of Mr. MCCAIN, the tographic film and paper and other sec- name of the Senator from Idaho (Mr. name of the Senator from Washington tors facing market access barriers in KEMPTHORNE) was added as a cosponsor (Mr. GORTON) was withdrawn as a co- Japan. of S. 1314, a bill to amend the Internal sponsor of S. 1618, supra. f Revenue Code of 1986 to provide that S. 1619 NOTICES OF HEARINGS married couples may file a combined At the request of Mr. MCCAIN, the return under which each spouse is name of the Senator from Michigan COMMITTEE ON LABOR AND HUMAN RESOURCES taxed using the rates applicable to un- (Mr. ABRAHAM) was added as a cospon- Mr. JEFFORDS. Mr. President, I married individuals. sor of S. 1619, a bill to direct the Fed- would like to announce for information S. 1334 eral Communications Commission to of the Senate and the public that a Ex- At the request of Mr. BOND, the name study systems for filtering or blocking ecutive Session of the Senate Commit- of the Senator from Kansas (Mr. matter on the Internet, to require the tee on Labor and Human Resources, BROWNBACK) was added as a cosponsor installation of such a system on com- will be held on Wednesday, May 13, of S. 1334, a bill to amend title 10, puters in schools and libraries with 1998, 9:30 a.m., in SD–430 of the Senate United States Code, to establish a dem- Internet access, and for other purposes. Dirksen Building. The Committee will onstration project to evaluate the fea- S. 1677 consider H.R. 2614, The Reading Excel- sibility of using the Federal Employees At the request of Mr. CHAFEE, the lence Act and Presidential Nomina- Health Benefits program to ensure the name of the Senator from Tennessee tions. availability of adequate health care for (Mr. THOMPSON) was added as a cospon- COMMITTEE ON ENERGY AND NATURAL Medicare-eligible beneficiaries under sor of S. 1677, a bill to reauthorize the RESOURCES the military health care system. North American Wetlands Conserva- Mr. CRAIG. Mr. President, I would S. 1389 tion Act and the Partnerships for Wild- like to announce for the public that a At the request of Ms. SNOWE, the life Act. hearing has been scheduled before the name of the Senator from Nevada (Mr. S. 1724 Subcommittee on Forests and Public REID) was added as a cosponsor of S. At the request of Ms. COLLINS, the Land Management of the Senate Com- 1389, a bill to amend title 39, United name of the Senator from Arkansas mittee on Energy and Natural Re- States Code, to allow postal patrons to (Mr. HUTCHINSON) was added as a co- sources. contribute to funding for prostate can- sponsor of S. 1724, a bill to amend the The hearing will take place Thurs- cer research through the voluntary Internal Revenue Code of 1986 to repeal day, June 4, 1998, at 2:00 p.m. in room purchase of certain specially issued the information reporting requirement SD–366 of the Dirksen Senate Office United States postage stamps. relating to the Hope Scholarship and Building in Washington, DC. S. 1413 Lifetime Learning Credits imposed on The purpose of this hearing is to re- ceive testimony on S. 1253, the Public At the request of Mr. LUGAR, the educational institutions and certain name of the Senator from Pennsyl- other trades and businesses. Land Management Improvement Act of 1997. vania (Mr. SANTORUM) was added as a S. 1862 Those who wish to submit written cosponsor of S. 1413, a bill to provide a At the request of Mr. DEWINE, the statements should write to the Com- framework for consideration by the name of the Senator from Montana mittee on Energy and Natural Re- legislative and executive branches of (Mr. BURNS) was added as a cosponsor sources, U.S. Senate, Washington, DC unilateral economic sanctions. of S. 1862, a bill to provide assistance 20510. For further information, please for poison prevention and to stabilize S. 1464 call Amie Brown or Mark Rey at (202) the funding of regional poison control At the request of Mr. HATCH, the 224–6170. name of the Senator from New York centers. COMMITTEE ON ENERGY AND NATURAL MATO S. 1894 (Mr. D’A ) was added as a cospon- RESOURCES sor of S. 1464, a bill to amend the Inter- At the request of Mr. THURMOND, the Mr. CRAIG. Mr. President, I would nal Revenue Code of 1986 to perma- name of the Senator from North Caro- like to announce for the public that a nently extend the research credit, and lina (Mr. FAIRCLOTH) was added as a co- hearing has been scheduled before the for other purposes. sponsor of S. 1894, a bill to amend the Subcommittee on Forests and Public S. 1525 Alcoholic Beverage Labeling Act of Land Management of the Senate Com- At the request of Mr. SPECTER, the 1988 to improve a warning label re- mittee on Energy and Natural Re- name of the Senator from Michigan quirement. sources. (Mr. ABRAHAM) was added as a cospon- S. 2033 The hearing will take place Thurs- sor of S. 1525, a bill to provide financial At the request of Mr. ABRAHAM, the day, June 11, 1998, at 2:00 p.m. in room assistance for higher education to the name of the Senator from Arizona (Mr. SD–366 of the Dirksen Senate Office dependents of Federal, State, and local KYL) was added as a cosponsor of S. Building in Washington, DC. public safety officers who are killed or 2033, a bill to amend the Controlled The purpose of this hearing is to re- permanently and totally disabled as Substances Act with respect to pen- ceive testimony on S. 1253, the Public the result of a traumatic injury sus- alties for crimes involving cocaine, and Land Management Improvement Act of tained in the line of duty. for other purposes. 1997. S. 1578 SENATE CONCURRENT RESOLUTION 65 Those who wish to submit written At the request of Mr. MCCAIN, the At the request of Ms. SNOWE, the statements should write to the Com- name of the Senator from Nebraska name of the Senator from Arkansas mittee on Energy and Natural Re- (Mr. KERREY) was added as a cosponsor (Mr. BUMPERS) was added as a cospon- sources, U.S. Senate, Washington, DC of S. 1578, a bill to make available on sor of Senate Concurrent Resolution 65, 20510. For further information, please the Internet, for purposes of access and a concurrent resolution calling for a call Amie Brown or Mark Rey at (202) retrieval by the public, certain infor- United States effort to end restriction 224–6170. S4634 CONGRESSIONAL RECORD — SENATE May 11, 1998 ADDITIONAL STATEMENTS Gulfstream and the Gulfstream V in- DSS special agents have been in the dustry team were recognized specifi- forefront of the fight against inter- cally ‘‘for successful application of ad- national terrorism and transnational WELCOME TO PARTICIPANTS OF vanced design and efficient manufac- crime. In 1995, DSS special agents as- THE INVENTION/NEW PRODUCT turing techniques, together with inno- signed to the U.S. Embassy in EXPOSITION vative international business partner- Islamabad, Pakistan, working closely ∑ Mr. SANTORUM. Mr. President, I ships, to place into service the Gulf- with Pakistani Authorities, were in- rise to recognize the inventors, manu- stream V—the world’s first ultra-long strumental in the apprehension of facturers, marketers, entrepreneurs, range business jet.’’ Past winners of Ramzi Yousef, a terrorist wanted in investors and media from across the this prestigious award include Orville connection with the World Trade Cen- United States and over 35 countries Wright, Neil Armstrong and the Apollo ter bombing in New York City. DSS that are convening in Pittsburgh for 11 flight crew, Charles E. ‘‘Chuck’’ agents had the lead role in debriefing the Invention/New Product Exposition Yeager and my colleague from Ohio, the original informant, coordinating (INPEX XIV). Senator and astronaut John GLENN. surveillance of Yousef’s activities, and INPEX is held in conjunction with Certified by the Federal Aviation Ad- entered Yousef’s room alongside Paki- The Business Show, the region’s busi- ministration (FAA) in April, 1997, the stani police to effect his arrest. Subse- ness-to-business trade show, and the Gulfstream V business jet is the first quently, Yousef was convicted in New Global Partnership with Pennsylvania aircraft of its kind in the world. With York of his heinous act of terrorism Conference. The conference provides unmatched performance, comfort and and sentenced to life imprisonment the opportunity for international en- speed, the Gulfstream V has a range without parole. trepreneurs to meet with representa- that is 50% greater than any other The DSS also runs effective Counter- Terrorism and Counter-Narcotics tives from the region’s businesses. This business jet currently in service. The awards programs in which it offers conference helps to promote economic Gulfstream V can carry eight pas- large cash rewards of up to $4 million. development and job creation in West- sengers and a crew of four for nonstop In 1995, this program, along with the ern Pennsylvania and encourages par- distances of up to 6,500 nautical miles efforts of DSS agents throughout Latin ticipants to establish their operations at speeds of up to Mach .88. It is de- America, helped to bring about the in the region. Participants can attend signed to cruise routinely at an alti- downfall of the Cali drug kingpins of the educational seminars to learn how tude of 51,000 feet. Last year, in the Colombia, apprehending eight high to do business in Pennsylvania and net- first eleven months of service, the ranking members of that organization. work with Pennsylvania chambers, Gulfstream V set 47 world and national The DSS is currently playing a very businesses and regional associations. records, consisting of 22 city pair speed key role in attempting to apprehend Most inventions and new products records and 25 performance records. suspects involved in the Khobar Towers displayed at INPEX are eligible to be a The Gulfstream V has made nonstop bombing in Saudi Arabia, the bombing part of the INPEX Awards Program. travel between cities such as Tokyo of Pan Am flight 103 over Lockerbie Entries are judged by an International and Washington, London and Beijing, Scotland, as well as Mexican drug traf- Jury, with winners determined on the and Los Angeles and Moscow routine ficking. basis of usefulness, overall appeal and business. The DSS also plays an important role creativity. Past sponsors of corporate The Gulfstream V was recognized as in ensuring the security of our borders awards include AAA, the World Trade one of the ‘‘Ten Most Memorable through investigations of falsified U.S. Center Association, NASA and the Flights in 1997’’ by the National Aero- passports and U.S. visas. In the U.S., Pennsylvania Institute Of Culinary nautic Association for a flight from work in this area complements the Arts. Washington, DC to Dubai, United Arab work of state and local authorities as Mr. President, I am pleased that Emirates. The flight was 6,330 nautical well as other federal agencies. This Pittsburgh is the site of such innova- miles and took 12 hours and 40 min- role enables the DSS to utilize versa- tion, business development and global utes. It flew nonstop. tile charges that enable it to apprehend partnership. I ask my colleagues to Mr. President, I want to salute and fugitives and return them to various join me in extending the Senate’s best congratulate the 6,000 men and women jurisdictions throughout the United wishes to participants and organizers of the Gulfstream Aerospace Corpora- States. of this conference, and in recognizing tion on their outstanding work and In my own state of California, DSS the week of May 11 as Innovation this extraordinary achievement.∑ agents were instrumental in establish- Week, Business to Business Week and f ing a verification system involving Global Partnership With Pennsylvania COMMEMORATING THE DEPART- possession of U.S. visas, whereby many Week.∑ MENT OF STATE’S DIPLOMATIC illegal immigrants have been identified f SECURITY SERVICE who were previously, and fraudulently, claiming and receiving medical and GULFSTREAM AEROSPACE ∑ Mrs. FEINSTEIN. Mr. President, as CORPORATION welfare benefits from the state of Cali- the United States observes National fornia. The California Department of ∑ Mr. CLELAND. Mr. President, I rise Police Week, I believe this to be an ap- Health Services estimates that this today to congratulate the Gulfstream propriate time to recognize the out- system saved California taxpayers over Aerospace Corporation and the Gulf- standing work performed by the men $2 million in 1997 alone. stream V industry team on winning the and women of the Department of Additionally, the DSS has conducted coveted Robert J. Collier Trophy for State’s Diplomatic Security Service extensive training programs for foreign 1997. The Gulfstream V is the world’s (DSS). police officials, both in the U.S. and first ultra-long range large cabin busi- As the security and law enforcement abroad, which over the last decade ness jet. Both the Gulfstream V and arm of the Department of State, the have resulted in over 18,000 foreign po- the Gulfstream IV SP are manufac- DSS, since 1916, has protected U.S. dip- lice officers receiving training in anti- tured in Savannah, Georgia. lomatic installations and personnel terrorism and anti-crime skills. By en- The Collier trophy is aviation’s most around the world as well as providing hancing the capabilities of these police prestigious award. It is given annually critical security and law enforcement elements, the DSS is increasing the ca- by the National Aeronautics Associa- services within the United States. pacity of other countries to render as- tion to recognize the top aeronautical Presently, 260 DSS special agents are sistance to the United States in our achievement in the United States. serving in over 140 of our embassies and continuing struggle against inter- Gulfstream and the G-V Industry team consulates throughout the world. Addi- national terrorism and crime. were presented the trophy at a cere- tionally, 500 special agents are assigned Furthermore, the technical expertise mony on April 29 hosted by the Na- to offices throughout the United States of the DSS’ security engineering per- tional Aeronautical Association and and work closely with their counter- sonnel has enabled the nation’s busi- the National Aviation Club in Arling- parts in federal, state, and municipal ness to be transacted safely and se- ton, Virginia. law enforcement organizations. curely in hostile environments May 11, 1998 CONGRESSIONAL RECORD — SENATE S4635 throughout the world. U.S. diplomatic partment. Sergeant Godwin’s survivors Mr. President, I ask that Senator installations rely on the ability of the include his wife, Allison, and their STEFVENS’ address be printed in the DSS to provide a secure area in which daughter, Mercedes. RECORD. to conduct sensitive functions. These Detective Paul Andrew Hale who The Address follows: programs provide the secure technical served with the Raleigh Police Depart- ADDRESS BY SENATOR TED STEVENS foundation in computer and informa- ment. Detective Hale’s survivors in- As one who admired Sec. James Forrestal, tion security which is so necessary in clude his wife, Connie, and their daugh- it is a great honor to receive this award today’s technological age. ters, Jessica and Stephanie. which bears his name. The name of a great The DSS has continually provided Chief of Police Willard Wayne Hatha- leader who responded with vision and insight crucial support services for our foreign way who served with the Sharpsburg to the defense organizational, and leader- ship, needs of our Nation after World War II. policy and law enforcement objectives. Police Department Among Chief Indeed, Secretary Forrestal, serving as Their contributions have been recog- Hathaway’s survivors is his son, Shaun. Secretary of the Navy, demonstrated great nized by the granting of heroism Corporal David Walter Hathcock who courage and wisdom as an advocate for a re- awards by organizations such as the served with the Cumberland County structuring of the Department of War and Federal Law Enforcement Officers As- Sheriff’s Office. Corporal Hathcock’s Department of Navy—a restructuring we all sociation (FLEOA) and the Inter- survivors include his wife, Barbara, and know led to today’s Department of Defense. The Forrestal Award is especially mean- national Organization of Chiefs of Po- his sons, Phillip, Daniel, and Kevin. Sergeant Lloyd Edward Lowry who ingful coming from your organization— lice (IACP). NDIA. By insuring that industry has a In the first session of Congress, the served with the North Carolina High- strong, clear voice on defense issues, NDIA Foreign Relations Authorization Act way Patrol. Sergeant Lowry’s sur- serves our Nation well. for Fiscal Years 1998 and 1999 (H.R. vivors include his wife, Dixie, his Secretary Forrestal’s visionary leadership 1757), approved the inclusion of mem- daughters, Lori and Melissa, and his established a national security structure bers of the DSS under the provisions of grandchildren, Dustin, Brooke, and which has seen us through over fifty years of peace and war. With only modest adjust- the Law Enforcement Availability Pay Nolan. Officer Mark Allen Swaney who ments, the course he charted allowed us to (LEAP). A separate proposal, H.R. 633, navigate through the cold war. would also include these personnel served with the Davidson Police De- Some of Secretary Forrestal’s observations under the law enforcement retirement partment. Officer Swaney is survived from 1947 provide a thoughtful perspective on provisions. These measures, which pro- by his parents, Larry and Glenda. current defense issues. vide long overdue parity for DSS per- Mr. President, every North Caro- In testimony on the National Security Act of 1947, Secretary Forrestal said the bill sonal with federal law enforcement col- linian mourns the loss of our six peace officers. I am privileged to convey the ‘‘provides an organization which will allow leagues, will be important in determin- us to apply the full punitive power of the ing the future role of DSS agents. State’s resounding and unanimous sen- United States against any future enemy. It I would like to thank the Diplomatic timent of appreciation, and our con- provides for the coordination of the three Security Service for the tireless role tinuing respect for the skills, bravery, armed services, but what is to me even more that they have played in combating and dedication of our law enforcement important than that, it provides for the inte- terrorism and transnational crime as officers.∑ gration of foreign policy with national pol- well as helping to protect U.S. busi- f icy, of our civilian economy with military requirements.’’ nesses, embassies, and all the branches 1998 JAMES FORRESTAL Just as our Nation faced a ‘‘Post World of the U.S. government represented MEMORIAL AWARD War’’ environment in 1947, we now prepare abroad. They have continually pro- for the 21st century and military contin- vided crucial services in support of our ∑ Mr. INOUYE. Mr. President, on the gencies which differ greatly from the cold foreign policy and law enforcement ob- evening of May 6th, I had the honor of war. Tonight I will focus on some common jectives, often at substantial risk to being in the audience to witness the themes which motivate us, like Secretary presentation of the 1998 James Forres- their own lives.∑ Forrestal, to ponder the need for adjust- tal Memorial Award by the National ments in the current defense establishment. f Defense Industrial Association to the After World War II, the nation had to de- NATIONAL PEACE OFFICERS’ distinguished senior Senator from vise a new military-industrial structure to prepare us for an uncertain future. In 1947 MEMORIAL DAY Alaska, the Chairman of the Appro- testimony, Secretary Forrestal outlined his ∑ Mr. FAIRCLOTH. Mr. President, I priations Committee and Chairman of thinking—he said: rise in recognition of the National the Defense Subcommittee, Senator ‘‘First, there is a need, apparent during Peace Officers’ Memorial Day and to TED STEVENS. The first recipient of and since the war, for the planned integra- pay tribute to the 305 officers of the this impressive award was President tion of all of the elements, energies, and forces in our Nation which have to be drawn law who lost their lives in the line of Dwight D. Eisenhower, followed by a number of most distinguished citizens upon to wage successful war. In these cat- duty during the past year. I want to egories come not merely the Army and Navy recognize specifically the six officers in who were personally involved in help- and the State Department, but industry, and North Carolina who put community ing our nation during difficult times, by ‘industry’ I mean industrial management, safety ahead of their own lives. These and who guided the development of a which I regard as one of the keystones which six individuals approached the job val- close working relationship between our produce success in war.’’ iantly. Their courage is inspiring, and government and private industry to- All these concerns are valid today, but the their commitment to duty provides the ward the requirements of National Se- facts underlying the need he discussed will be significantly changed. DOD will be buying kind of example so desperately needed curity. I have had the privilege of working in a less competitive environment than in today’s society. ever—requiring careful attention to ensure I would, of course, be remiss if I did with Senator STEVENS for nearly 30 that innovation and foresight are not lost. not mention the families of the officers years. It is no secret that I admire and Further, today’s defense systems are more I now recognize. I extend my heartfelt deeply respect our colleague. Our na- complex, take dramatically longer to de- gratitude and deepest admiration for tion is truly fortunate to have as velop and build, and cost significantly more those who everyday watch and support Chairman of the Senate Appropriations to acquire, maintain and operate. In the first their husbands, wives, parents, and Committee, an individual as dedicated nine months of 1945, we accepted delivery to public service and to the mainte- 5,111 P–51 Fighters. Now, at the peak rate, we children on the front line of crime will build 36 F–22’s and 48 F–18 E/F’s, both fighting. Their sacrifice is beyond nance of military strength and readi- with long lead times greater than 33 months. measure, and we are forever indebted ness. Not only are there fewer prime defense to these brave men and women. Upon receipt of this award, Senator contractors, but each one is moving to be I call to the attention of Congress STEVENS shared with the audience his more efficient; inevitably this process will the names and survivors of North Caro- views on the status of the military and limit or eliminate excess production capac- lina’s six fallen officers and ask that our nation’s future. These, perhaps pro- ity. The speed and success of Desert Storm vocative, but, definitely profound re- demonstrated the new role for industrial my colleagues join me in saluting management in a ‘‘come as you are’’ war. these courageous individuals. marks should be studied and restudied I remember visiting Joint Stars in Saudi Sergeant William Earl Godwin who by all who believe in the importance of Arabia—a system in the demonstration/vali- served with the Morrisville Police De- our military forces. dation phase of development, but being used S4636 CONGRESSIONAL RECORD — SENATE May 11, 1998 in the overall Desert Storm operation—while The pressures on this flat budget are as Mr. GRAMS. I further ask that at still under industry control and support. great as I have ever seen, and probably 12:10 p.m. the Senate proceed to the Indeed, we rarely hear discussion now greater than the pressures faced by our lead- consideration of S. 1046, the National about raw material shortages or industrial ers in 1947. One basic fact is that neither Science Foundation reauthorization surge capacity. And we are no longer an Is- Congress nor DOD have much flexibility in land Nation—this Nation’s military indus- the Defense budget. bill under a previous consent agree- trial base is now part of a global economy. Force structure determines the level of ment. This industrial challenge has parallels in our military personnel spending—presently The PRESIDING OFFICER. Without military command structure. about one-third of our budget. Second, these objection, it is so ordered. Secretary Forrestal, intimately familiar forces must be trained and ready which con- Mr. GRAMS. I further ask that the with the demands of World War II, enun- sumes roughly one-third of the Defense budg- Senate recess following the vote on the ciated what others often think when he et devoted to operation and maintenance. National Science Foundation reauthor- said—‘‘Military strength today is not merely Finally, the remaining one-third is left to ization bill until 12:15 p.m. to allow the modernize and develop the next generation military power but its is economic and in- weekly party caucuses to meet. dustrial strength.’’ of military systems which will ensure no ad- Today we continually find ourselves in versary can match U.S. soldiers, sailors, ma- The PRESIDING OFFICER. Hearing peacekeeping and other contingency mis- rines and airmen. However, this remaining no objection, it so ordered. sions—missions for which our soldiers and ‘‘one-third’’ for modernization is not what it f used to be. leaders are not necessarily trained or PROGRAM equipped. Instabilities are more likely to In constant 1998 dollars, procurement has call for a response to terrorism, civil war, declined from $104 billion in FY 1988 to $49 Mr. GRAMS. Mr. President, for the and ethnic strife, instead of territorial inva- billion in FY 1998 and R&D declined from $48 information of all Senators, tomorrow sion. billion to $36.5 billion. That decline is exac- morning at 9:30 a.m. the Senate will be Future battles may take place in urban en- erbated by on-going contingency operations in Bosnia and Iraq. in a period of morning business until 10 vironments with political constraints on col- a.m. Following morning business, Sen- lateral damage, difficult conflict conditions The $10.5 billion committed to Bosnia for any military commander. Deploying alone from 1995–1999 will consume all the ator D’AMATO will be recognized to military force should not be the solution to savings achieved by tough base closure and offer and debate a bill regarding breast every regional, ethnic or humanitarian cri- force structure decisions, while also reducing cancer, and it is hoped that a short ses. No forces should deploy overseas unless our investment in modernization and R&D. time agreement can be reached with we establish mission objectives that our po- To meet these challenges, we can no longer respect to the D’Amato bill. litical and military leadership can plainly afford business as usual at DOD. This brings our discussion back to my first At 11 a.m. under a previous order, the articulate. point—future conflicts will stress our cur- Senate will then proceed to the consid- A second similarity to the challenges faced rent military and defense industrial estab- eration of the conference report to ac- by James Forrestal is the confidence of the lishment. These entities will have to work company S. 1150, the agricultural re- Nation in the weapon systems and combat together to consolidate functions, precisely platforms within the military inventory. search bill. The time until 12:10 p.m. define missions, eliminate redundancy and Secretary Forrestal concisely outlined his will be divided among several Members assure victory through perfection of plan- thoughts in words I believe ring true today— for debate on the conference report. ning and execution through total use of com- ‘‘Men fight not for abstractions, but for the Following that debate, the Senate mand, control, communications and intel- will proceed to the consideration of the concrete things they can visualize in terms ligence functions. of their own country.’’ Following World War The challenge before us today is to look to- National Science Foundation reauthor- II, this Nation felt confident in its ability wards a new national defense establishment ization bill under a short time agree- and the then-existing ‘‘Tools of war’’. for a new century in a new millennium—a ment. A rollcall vote is expected to Following operation Desert Storm, the structure which will allow our great Nation occur on passage of that bill at ap- United States was equally confident in our to organize, plan, and maintain peace and se- weapons. I saw first hand during the gulf war proximately 12:15 p.m. Therefore, all curity. Senators should be aware that the first the impact that ‘‘early’’ generation precision Secretary Forrestal once said, ‘‘The great- guided weapons and information tech- est economy is in preventing war. The best vote of Tuesday’s session will occur at nologies, such as JSTARS, had on our deci- insurance against war is national prepared- approximately 12:15 p.m. sive victory in that conflict. ness and an effective coordination of our for- Also, under a previous order, when The entire world saw those advances also— eign and our military policy.’’ These are the the Senate reconvenes at 2:15 p.m. it we now need new technologies to assure that goals we continue to strive to achieve. I so- will resume consideration of the agri- our ‘‘cutting edge’’ is sharp. We must imple- licit help from each of you in defining new cultural research conference report. At ment those technologies rapidly. ideas needed to carry this Nation securely Obviously, we also need new tactics, new that time, Senator GRAMM of Texas into the 21st century. will be recognized to move to recommit systems, and a modernized command, con- Knowing I will be working with all of you trol, and communications management con- in the days ahead, I am honored to be recog- the conference report. There will be 1 cept. And, there are new threats—ballistic nized by this group with the Forrestal hour for debate on the motion equally missiles, cruise missiles, chemical and bio- Award.∑ divided, and at the conclusion or yield- logical weapons, information warfare, and f ing back of time the Senate will pro- space-based sensors and systems. ceed to vote on or in relation to the These resonate Secretary Forrestal’s com- ORDERS FOR TUESDAY, MAY 12, motion. Following that vote, it is ments on the need for a ‘‘planned integration 1998 of all of the elements, energies, and forces in hoped that short time agreements can our Nation.’’ Mr. GRAMS. Mr. President, I ask be reached with respect to the agricul- These new threats call into question the unanimous consent that when the Sen- tural research conference report, any traditional weapons of war as well as the ac- ate completes its business today, it of several high-tech bills or any other cepted practice of splitting budget resources stand in adjournment until 9:30 a.m. on legislation or legislative or executive among the military services. Just as aircraft Tuesday, May 12. I further ask that on items cleared for action. technology spawned a new military service, Tuesday, immediately following the And finally, as a reminder to all the new technology forces which will influ- prayer, the routine requests through Members, a cloture vote will occur on ence future warfare demand that we look at our research and development priorities and the morning hour be granted and the Wednesday on the motion to proceed the allocation of procurement funds. Senate then begin a period of morning on the missile defense bill. The last parallel to 1947 I cite is one I deal business until 10 a.m., with Senators f with most directly as Chairman of the Sen- permitted to speak for up to 5 minutes ate Appropriations Committee—that is the each with the following exceptions: ADJOURNMENT UNTIL 9:30 A.M. TOMORROW pressure of a substantially decreased budget. Senator MIKULSKI for 15 minutes, and As each of you know, the defense budget Senator LOTT or his designee for 15 Mr. GRAMS. Mr. President, if there today has reached dangerously low levels. minutes. is no further business to come before Defense spending has fallen far faster than the Senate, I now ask unanimous con- any other category of Federal spending— The PRESIDING OFFICER. Without dropping 39% since 1985. In constant dollars, objection, it is so ordered. sent that the Senate stand in adjourn- it is lower than 1939. Yet, the budget agree- Mr. GRAMS. I further ask that at 10 ment under the previous order. ment, as well as current public sentiment, a.m. Senator D’AMATO be recognized. There being no objection, the Senate, makes it most likely that defense spending The PRESIDING OFFICER. Without at 6:36 p.m., adjourned until Tuesday, will be flat through 2002. objection, it is so ordered. May 12, 1998, at 9:30 a.m. May 11, 1998 CONGRESSIONAL RECORD — SENATE S4637 NOMINATIONS ROBERT S. LASNIK, OF WASHINGTON, TO BE UNITED DEPARTMENT OF THE TREASURY STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT Executive nominations received by OF WASHINGTON, VICE CAROLYN R. DIMMICK, RETIRED. RAYMOND W. KELLY, OF NEW YORK, TO BE COMMIS- VIRGINIA A. PHILLIPS, OF CALIFORNIA, TO BE UNITED SIONER OF CUSTOMS, VICE GEORGE J. WEISE, RESIGNED. the Senate May 11, 1998: STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT JAMES E. JOHNSON, OF NEW JERSEY, TO BE UNDER THE JUDICIARY OF CALIFORNIA, VICE WILLIAM M. BYRNE, JR., RETIRED. SECRETARY OF THE TREASURY FOR ENFORCEMENT, VICE RAYMOND W. KELLY. RANER CHRISTERCUNEAN COLLINS, OF ARIZONA, TO BE ELIZABETH BRESEE, OF NEW YORK, TO BE AN ASSIST- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ANT SECRETARY OF THE TREASURY, VICE JAMES E. ARIZONA, VICE WILLIAM D. BROWNING, RETIRED. JOHNSON. May 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E807 EXTENSIONS OF REMARKS

ON INTRODUCTION OF A BILL DES- Organization for the Needs of the Elderly tons of salt annually being deposited in Lake IGNATING THE CIA AS THE (ONE). Mead. In 1972, under the Clean Water Act ‘‘GEORGE H.W. BUSH CENTER President Kennedy said, ``Change is the law discussions, the seven basin states agreed to FOR CENTRAL INTELLIGENCE’’ of life. And those who look only to the past or take a collaborative approach to water quality present are certain to miss the future.'' As- protection. Under this approach, the basin HON. ROB PORTMAN sembly member Hertzberg is know throughout states must submit a water quality plan every OF OHIO our community for his exceptional dedication three years to EPA. to our community and his efforts to bring Mr. Barnett relayed to me the values of in- IN THE HOUSE OF REPRESENTATIVES about positive changes, improving the safety centive-based programs related to water qual- Monday, May 11, 1998 of our environment. ity and quantity along the Colorado River. For Mr. PORTMAN. Mr. Speaker, I rise as the Understanding that citizens need a voice, example, through cost share programs associ- proud sponsor of legislation introduced with Assembly member Hertzberg took measures ated with the Salinity Control Forum, irrigators Representatives GOSS, SKELTON, HAMILTON which allow San Fernando Valley residents to are switching to more efficient, more techno- and others, that would designate the CIA com- exercise greater control over our community. logically advanced systems, like surge irriga- pound in Langley, Virginia as ``The George He also established a multimillion dollar gang tion. Surge irrigation takes advantage of H.W. Bush Center of Central Intelligence.'' As suppression program in L.A., overhauled L.A. chemical properties in the soil to enlarge the a former staff member in the Bush White County's overburdened juvenile justice system water coverage on a field. Rather than overly House, I had the true honor of learning first- and allowed the membership of the L.A. Uni- soaking ground close to the ditches, surge irri- hand the values and principles of public serv- fied School District Board to be increased. gation surpasses the ground that is already ice that President Bush exemplified. He stood Assembly member Hertzberg's positive wet to find dry soil further away. Accordingly, for the proposition that honor, integrity and re- changes have not just affected the San Fer- less water is used to produce more from the sponsibility are the important ideals for public nando Valley, but the state of California as a same field. I commend such voluntary, incen- service. Now, through this legislation, Con- whole. Working to improve the safety of our tive-based programs that help improve water gress can memorialize these values which, I communities, he authorized laws which create quality and water quantity along the Colorado believe, his name has come to represent. a state Witness Protection Program to help River. Such programs are important to my As you know, George Bush had a remark- convict dangerous criminals, establish a pilot constituents in Colorado, and I thank Mr. able and distinguished career in public service project to test a non-emergency ``311'' tele- Barnett for bringing this program to my atten- not only as President, but also Vice President, phone system to relieve the overburdened tion. U.N. Ambassador, Chief of the U.S. Liaison ``911'' system, and allow citizens to lodge f Office to the People's Republic of China and complaints with state departments via Internet. Member of Congress. But he has always been In addition to representing the 40th Assem- A PROCLAMATION HONORING THE particularly proud of his tenure as Director of bly District in the California State Legislature, USWA LOCAL #1190 WORKERS ME- the Central Intelligence Agency. He guided the Assembly member Hertzberg has served on MORIAL DAY Agency through a difficult time and continues the Board of Directors for several organiza- to be held in high regard by the CIA and its tions such as CORO, Chinatown Service Cen- HON. ROBERT W. NEY employees, past and present. ter and Mulholland Tomorrow. He has also OF OHIO He is also the only President to serve as participated as a member on the Executive IN THE HOUSE OF REPRESENTATIVES CIA Director. By making the CIA compound Committee on the Jewish Community Rela- Monday, May 11, 1998 the first public building in the Washington area tions Committee of the Valley Alliance, the to be named after President Bush, Congress State Issues Committee of the Valley Industry Mr. NEY. Mr. Speaker, I wish to call an im- can honor our 41st President with a lasting and Commerce Association and the Sherman portant proclamation to the attention of my col- and appropriate tribute. Oaks Town Council. leagues. Mr. Speaker, I want to especially thank Mr. Speaker, distinguished colleagues, Whereas, the USWA Local #1190 is observ- Chairman of the Select Committee on Perma- please join me in honoring Assembly member ing its Workers Memorial Day Service; and, nent Intelligence, PORTER GOSS, Ranking Robert Hertzberg for his outstanding leader- Whereas, the USWA Local #1190 has set Democrat on the National Security Committee, ship and dedication to community service. aside this day to remember all steelworkers IKE SKELTON, the Ranking Democrat on Inter- f who have been laid to rest; and, national Relations Committee, LEE HAMILTON, Whereas, the USWA Local #1190 must be and all the others for their individual help in COLORADO RIVER COMPACT OF commended for their dedication to its mem- putting together this bipartisan effort to com- 1922 bers and their families; and, memorate former President Bush in an appro- Whereas, the USWA Local #1190 has dem- priate manner. I also want to thank all of the HON. BOB SCHAFFER onstrated a commitment to meet challenges other original cosponsor who have joined in OF COLORADO with confidence and outstanding service; and, this effort and urge my colleagues on both IN THE HOUSE OF REPRESENTATIVES Whereas, I join with all citizens of Jefferson sides of the aisle to pass this legislation as a County, the members of USWA Local #1190 Monday, May 11, 1998 lasting tribute to George Bush's legacy of and the entire 18th Congressional District in service to the CIA and to the nation. Mr. BOB SCHAFFER of Colorado. Mr. observing the Workers Day Memorial Service f Speaker, Mr. Jack Barnett, the Executive Di- on April 28, 1998. rector of the Colorado River Basin Salinity f TRIBUTE TO ROBERT M. Control Forum came to Washington, D.C., and HERTZBERG visited my office on April 28, 1998. He dis- TRIBUTE TO EDWARD JAMES cussed the Colorado River Compact of 1922 OLMOS HON. BRAD SHERMAN which allocated water among the seven basin OF CALIFORNIA states along the Colorado River. The Colorado HON. BRAD SHERMAN IN THE HOUSE OF REPRESENTATIVES River is apparently getting more saline as de- OF CALIFORNIA mand for water increases on the Colorado IN THE HOUSE OF REPRESENTATIVES Monday, May 11, 1998 River. The geology of the basin particularly Mr. SHERMAN. Mr. Speaker, I rise today to contributes to salinity in the Colorado River. Monday, May 11, 1998 pay tribute to Robert M. Hertzberg who will be Eroding shale in the semi-arid climate leaves Mr. SHERMAN. Mr. Speaker, I rise today to receiving the Civic Leadership Award from the salt deposits that amount to nine and one-half pay tribute to Edward James Olmos. He will

∑ 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. E808 CONGRESSIONAL RECORD — Extensions of Remarks May 11, 1998 be honored by the St. Joseph Center with the resentatives from the community will appear TRIBUTE TO MARION ROSS ``Hope Through Empowerment Award'' for his before a panel in Mobile, Alabama in June to tireless efforts in helping inner-city youth, kids highlight the reasons why Sterling deserves HON. BRAD SHERMAN at risk and his support of many humanitarian such an award. The National Civic League OF CALIFORNIA efforts. and Allstate Insurance Co., present the award IN THE HOUSE OF REPRESENTATIVES Known as the ``Olivier of the Latino World,'' each year to ten outstanding communities Monday, May 11, 1998 Edward James Olmos is an individual flowing around the nation. Such recognition recog- with talent and creativity. The talented actor, nizes the western spirit and strong values that Mr. SHERMAN. Mr. Speaker, I rise today to producer, director and community activist was bind this community together. Good schools, pay tribute to Marion Ross, who will be hon- born and raised in East Los Angeles and good services, and a good environment make ored by the Organization for the Needs of the spent many years in theatrical roles until his Sterling ideal for new businesses and eco- Elderly as the 1998 Legacy Award Recipient. mesmerizing performance in the musical play nomic growth. Mr. Speaker, I am proud to For many years, Marion has shared her in- Zoot Suit, which led to a Tony Award nomina- serve those that live in and around Sterling, credible gift with audiences of all ages. As a tion. He later recreated the role for film, then Colorado. drama major at San Diego State, her raw tal- went on to star in a variety of other movies. ent was recognized, and she was voted the From the beginning, Edward believed f school's most outstanding actress during her strongly that he had a responsibility to ``give Freshman Year. Since that time, she has gone back'' to his community and to the world. Ed- IN HONOR OF SHELLY ROSENBERG on to win international acclaim as an actress ward spends much of his time talking with comfortable on the stage of a classic drama or youth and children. Each year, he speaks on HON. HENRY A. WAXMAN in a contemporary television comedy. average at 150 schools, charities and juvenile OF CALIFORNIA After college, Marion made her break into institutions across the countryÐproviding en- the Hollywood scene with her debut film, For- couragement and counsel. He maintains that HON. HOWARD L. BERMAN ever Female. She then went on to appear in these visits with kids at risk serve as an inspi- OF CALIFORNIA a variety of television shows, including the one ration to his acting. ``They are an extraordinary that made her a household name around the source of energy that I would not have other- HON. BRAD SHERMAN world. On Happy Days, Marion played the wise,'' he says. ``After an hour of speaking OF CALIFORNIA comical, yet reliable housewife, Mrs. with those kids, I walk away with a buzzing IN THE HOUSE OF REPRESENTATIVES Cunningham. In this role, she delighted fans feeling inside. You're one person giving to Monday, May 11, 1998 with her warmth, sincerity and quick wit. more than three hundred people who are giv- After Happy Days, Marion returned to her Mr. WAXMAN. Mr. Speaker, the gentlemen ing back to you.'' first loveÐthe stage. Oscar Wilde once said from California Mr. BERMAN and Mr. SHERMAN Edward's most recent project, and the one that, ``The stage is not merely the meeting and I ask our colleagues to join us in saluting closest to his heart is the Los Angeles Latino place of all the arts, but is also the return of our good friend Shelly Rosenberg, who was Family Festival. This festival celebrates a vari- art to life.'' Marion Ross epitomized this ideal honored on Friday, May 8, 1998 for her tre- ety of areas, including books, the importance in several highly acclaimed dramatic theater mendous contributions to Kehillat Israel and of culture in our daily lives, home ownership performances. The role of lifetime came with our entire community. and travel. her performance in Brooklyn Bridge, a show Mr. Speaker, distinguished colleagues, Shelly is deeply committed to the Jewish which won the widespread approval of critics please join me in honoring Edward Olmos. He people, Jewish education, and the centrality of and brought Marion a nomination as Best Ac- is a role model to the citizens of Los Angeles. religious worship in Jewish life. She has been tress for both an Emmy and the American Tel- actively involved in virtually every aspect of f evision Awards. Additionally, Marion was Kehillat Israel's activities, and for the last eight named the ``Best Comedy Actress of the STERLING, COLORADO IS A HIGH years has ably served as Executive Director. Year'' by the highly respected national organi- QUALITY CITY She previously served on the Board of Direc- zation, the Viewers for Quality Television. tors as Nursery School Chair, Religious Edu- Over the past few years, Marion has re- HON. BOB SCHAFFER cation and Youth Chair, and for two years as mained busy in a diverse collection of roles. President of the Board of Directors. OF COLORADO She received a Golden Globe nomination for In addition, Shelly has been the driving IN THE HOUSE OF REPRESENTATIVES her performance in The Evening Star and has force to make the dream of constructing a new starred in several recent television produc- Monday, May 11, 1998 synagogue a reality. Without her unparalleled tions. Mr. BOB SCHAFFER of Colorado. Mr. energy, her incredible talent, and her resolute I can think of no individual more deserving Speaker, I would like to recognize the hard- determination, this great undertaking simply of this award than Marion. Through her many working people that live, work and recreate in could not have been achieved. characters, she has given us a legacy of Sterling, Colorado. Sterling is the center of At the center of Shelly's life is her devoted laughter, joy and tears. Mr. Speaker, distin- economic activity, professional services and husband, Ken, and their wonderful daughters, guished colleagues, please join me in honor- recreation of Northeastern Colorado. The City Carin and CindyÐand at the center of their ing one of the preeminent actresses of our is situated two hours northeast of Denver, on lives together has been Kehillat Israel. They time, Marion Ross. the South Platte River. With a population of have been active members since 1971 and f 11,000, the county of seat of Logan County their now-adult children who give Shelly and boasts a good environment, and a strong, safe Ken such pride, began their nursery school I AM A WEARY AMERICAN community. The community enjoys modern learning, attended religious school, and cele- telecommunications technology, and a solid in- brated their B'nai Mitzva and Confirmations at HON. JOHN T. DOOLITTLE frastructure. Sterling is easily accessible by the synagogue. OF CALIFORNIA plane, rail, and car. Located off of I±76, the In addition to her devoted service to Kehillat IN THE HOUSE OF REPRESENTATIVES City is the hub activity in northeast Colorado. Israel, Shelly has served the larger community Monday, May 11, 1998 With a regional medical center, and a fully ac- in numerous ways. She was President of the credited junior college, Sterling provides val- Pacific Palisades Junior Women's Club; on the Mr. DOOLITTLE. Mr. Speaker, I have ued medical and educational services to thou- board of B'nai B'rith Women, Palisades Co- known my friend, Paul N. Johnson, for a num- sands of my constituents. ordination Council, New Start, and Las ber of years, and I was most impressed with Recreational opportunities add to the high Doradas; and an active member of the PTAs the insights he shared in the Los Altos Town quality of life in this admirable community, in- of Webster, Malibu Park Junior High School, Crier (December 10, 1997), which he recently cluding public and private golf courses, res- and Santa Monica High School. sent to me. I agree with the sentiments ex- ervoirs, parks and portions of the Pawnee Na- We all owe Shelly a debt of gratitude for her pressed therein and commend the article to tional Grasslands. Logan County contains tireless and selfless work on behalf of our your attention. rural farms which provide a good environment community. We extend our heartfelt thanks to I AM A WEARY AMERICAN for people and wildlife alike. her for her generous commitment and we wish (By Paul N. Johnson) Sterling was recently named one of 30 final- her, Ken, Carin, and Cindy every happiness I am weary of career politicians who feed ists for the All-American City Award. Rep- and success in the future. at the public trough, who lie and promise May 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E809 whatever they think will gain them votes I am weary of people who insist on their TRIBUTE TO DAN SCHWALA with the electorate. ‘‘rights’’ but refuse responsibility for their I am weary of bureaucrats, whether in gov- actions. ernment, business, unions, education, etc., HON. BRAD SHERMAN I am weary of so many people who are who make mountains out of molehills, who OF CALIFORNIA eager to take offense when no offense was in- make life difficult for individuals and for tended. IN THE HOUSE OF REPRESENTATIVES those who can make things happen, who add absolutely nothing to our society or econ- I am weary of ‘‘political correctness’’ that Monday, May 11, 1998 omy, and whose main function is to ensure amplifies trivia to appear to be ‘‘momen- Mr. SHERMAN. Mr. Speaker, I rise today to the continuation of their jobs, and only give tous’’ and ignores major and important prob- pay tribute to Mr. Dan Schwala for his out- lip service to what their purpose is supposed lems. to be. standing commitment to our community. Both I am weary of unions who trample on the I am weary of people who expect govern- as a successful businessman and as an avid rights of those who don’t agree with them, ments to solve every problem we have, not supporter of charitable projects, he has used and sometimes on the rights of those they thinking enough to realize that individuals his intelligence and charisma to distinguish are supposed to represent. on the local level can solve problems faster, himself as a man of valor. better and more economically than any gov- I am weary of ‘‘educators’’ who don’t edu- Dan's dedication to work with the St. Joseph ernment. cate, who don’t teach basics, and who don’t Center has helped them to provide empower- I am weary of those whose main desire in teach unchanging truths and facts, but in- ing opportunities to low income and homeless life is to control the lives of others and tell stead teach the latest man-made philosophy, men, women, and children for over two dec- then what to do, who will use and manipu- which is modified regularly. And then claim ades. The Center is a nonprofit community late anyone or anything that will help them ‘‘it’s not my fault’’ because we don’t have achieve that end, and who want to invade enough money, or the classes are too large, agency that assists approximately 12,000 peo- every aspect of our lives. or on and on ad nauseam. ple yearly through its eleven programs. St. Jo- I am weary of increasing taxes with no end seph Center's mission is to be a caring pres- I am weary of hearing about greedy sports in sight, and of politicians who raise taxes ence in the neighborhood, attentive to the ‘‘stars’’ who demand more money, provide for a specific purpose and then use the reve- less skill, do not have basic moral values (or changing survival needs of the poor and nue for whatever is expedient or for the marginalized members of our country. Dan's ‘‘current crisis.’’ at least the sense to keep quiet about it), and are pathetic ‘‘heroes’’ for our youth to efforts certainly have helped to continue to I am weary of media biases that are unbal- change the lives of others. anced, sometimes are not factual, emphasize emulate. After the untimely death of the St. Joseph irrelevant items, and do so self-righteously; I am weary of so many who want to main- and of news ‘‘reporting’’ that too often con- tain the status quo even though it obviously Center's Event Chair, John Gorski, after whom sists of sound bites of emotion that are sup- has not worked, does not work, and will not the Center's Community Service Award is posed to be news or fact. work. named, Dan Schwala stepped into the pivotal I am weary of emotional, immoral, vulgar role as dinner and auction chair of their single I am weary of increasing welfare costs and and violent trash in books, on television and decreasing effectiveness. most important event of the year. in the movies, of those who try to promote With his wife, Denise Hart, he has for the pornography as art, and of hearing vulgar I am weary of religious leaders who are third year provided the leadership, enthusiasm language almost everywhere and then being really frustrated politicians and who meddle and management to ensure that the St. Jo- expected to consider it ‘‘normal.’’ in issues that are outside their expertise, at I am weary of lawyers who represent un- localities where they will not be affected by seph Center's 1998 event is their most suc- popular people or causes, claiming high- the results. cessful ever. minded reasons for doing so, but whose real From his position as the Senior Vice Presi- I am a weary American who does want men reason is greed and/or publicity; and of law- dent of Paine Webber, Inc., and his commit- and women who are honest, ethical and yers who zealously encourage lawsuits over moral, and who have the integrity to lead ment to Saint Monica's Parish in Santa trivial matters for their own avarice. our government at all levels, to run busi- Monica, California, he provides tireless direc- I am weary of judges who ignore the law nesses, educational institutions, unions, etc., tion in this most important community effort to and let criminals free to terrorize citizens and to set an example for adults and children recognize those who are being honored by the again. to follow. St. Joseph Center. I am weary of protesters who trample the rights of others while claiming they rep- I am a weary American who is grateful to Mr. Speaker, distinguished colleagues, resent a higher cause; who shout down live in this country where there really is please join me in honoring Dan Schwala. He speakers, but insist on their right to be more right than wrong, and where there real- is a role model for the citizens of our commu- heard. ly are more good people than bad. nity. E810 CONGRESSIONAL RECORD — Extensions of Remarks May 11, 1998 SENATE COMMITTEE MEETINGS Commission on Security and Cooperation and protect the National Park System, Title IV of Senate Resolution 4, in Europe and S. 1614, to require a permit for the To hold an open briefing on democratic making of motion picture, television agreed to by the Senate on February 4, development in Croatia. program, or other forms of commercial 1977, calls for establishment of a sys- 340 Cannon Building visual depiction in a unit of the Na- tem for a computerized schedule of all 10:30 a.m. tional Park System or National Wild- meetings and hearings of Senate com- Judiciary life Refuge System. mittees, subcommittees, joint commit- To hold hearings to examine whether to- SD–366 tees, and committees of conference. bacco legislation is constitutional. Judiciary This title requires all such committees SD–226 To hold hearings on pending nomina- to notify the Office of the Senate Daily 2:00 p.m. tions. Digest—designated by the Rules Com- Foreign Relations SD–226 mittee—of the time, place, and purpose Near Eastern and South Asian Affairs Sub- committee MAY 18 of the meetings, when scheduled, and To hold hearings to examine the eco- any cancellations or changes in the 2:00 p.m. nomic and political situation in India. Governmental Affairs meetings as they occur. SD–419 Oversight of Government Management, Re- As an additional procedure along Governmental Affairs structuring and the District of Colum- with the computerization of this infor- International Security, Proliferation and bia Subcommittee Federal Services Subcommittee mation, the Office of the Senate Daily To hold hearings to examine the role of To hold hearings on S. 1710, to provide Digest will prepare this information for faith-based charities in the District of for the correction of retirement cov- printing in the Extensions of Remarks Columbia. erage errors under chapters 83 and 84 of section of the CONGRESSIONAL RECORD SD–342 on Monday and Wednesday of each title 5, United States Code. SD–342 week. MAY 19 Meetings scheduled for Tuesday, May MAY 14 9:30 a.m. 12, 1998, may be found in the Daily Di- Energy and Natural Resources 9:00 a.m. gest of today’s RECORD. To hold oversight hearings on the fiscal Agriculture, Nutrition, and Forestry and economic implications of Puerto To hold hearings on the Department of MEETINGS SCHEDULED Rico status. Agriculture’s Year 2000 compliance. SH–216 SR–332 MAY 13 10:00 a.m. 9:30 a.m. 9:30 a.m. Governmental Affairs Appropriations Commerce, Science, and Transportation To hold hearings to examine Government Treasury, Postal Service, and General Gov- Communications Subcommittee computer security. ernment Subcommittee To hold hearings to examine the Federal SD–342 To hold hearings to examine the Bureau Communication Commission’s over- Labor and Human Resources of Alcohol, Tobacco and Firearms Gang sight of the Wireless Bureau. To hold hearings to examine grievance Resistence, Education and Training SR–253 procedures in the health care industry. (G.R.E.A.T.) program Energy and Natural Resources SD–430 SD–192 Business meeting, to consider pending Governmental Affairs calendar business. MAY 20 Permanent Subcommittee on Investiga- SD–366 10:00 a.m. Labor and Human Resources tions To hold hearings to examine the safety Governmental Affairs Business meeting, to consider H.R. 2614, To continue hearings to examine Govern- to improve the reading and literacy of food imports. SD–342 ment computer security. skills of children and families by im- SD–342 proving in-service instructional prac- Small Business To hold hearings on the nomination of Judiciary tices for teachers who teach reading, to To hold hearings on S. 1645, to prohibit stimulate the development of more Fred P. Hochberg, of New York, to be Deputy Administrator of the Small taking minors across State lines to high-quality family literacy programs, avoid laws requiring the involvement to support extended learning-time op- Business Administration. of parents in abortion decisions. portunities for children, and to ensure SR–428A SD–226 that children can read well and inde- 10:00 a.m. Indian Affairs pendently not later than third grade, Foreign Relations Business meeting, to mark up S. 1691, to and pending nominations. To hold hearings to review the United provide for Indian legal reform. SD–430 States interest at the June 1998 U.S.- SR–485 10:00 a.m. China Summit. Appropriations SD–419 MAY 21 Defense Subcommittee 10:15 a.m. To hold hearings on proposed budget es- Judiciary 10:00 a.m. timates for fiscal year 1999 for the De- Business meeting, to consider pending Labor and Human Resources partment of Defense. calendar business. To hold hearings on genetic information SD–192 SD–226 issues. Banking, Housing, and Urban Affairs 12:30 p.m. SD–430 Financial Institutions and Regulatory Re- Appropriations 1:00 p.m. lief Subcommittee Labor, Health and Human Services, and Indian Affairs To hold hearings on proposed legislation Education Subcommittee To hold oversight hearings on addressing to authorize funds for the Community To hold hearings to examine the Em- the unmet health care needs in Indian Development Financial Institutions ployee Retirement Income Security country. Fund (CDFI) program. Act’s (ERISA) preemption, focusing on SD–106 SD–538 remedies for denied or delayed health 2:00 p.m. Foreign Relations claims. Energy and Natural Resources To hold hearings on the Montreal Proto- SD–138 Energy Research and Development, Pro- col No. 4 to Amend the Convention for 1:30 p.m. duction and Regulation Subcommittee the Unification of Certain Rules Relat- Foreign Relations To hold hearings on S. 1141, to amend the ing to International Carriage by Air Near Eastern and South Asian Affairs Sub- Energy Policy Act of 1992 to take into (Ex. B, 95th Cong.,1st Sess.), the Inter- committee account newly developed renewable en- national Convention for the Protection To hold hearings to examine United ergy-based fuels and to equalize alter- of New Varieties of Plants (Treaty Doc. States policy toward Iran. native fuel vehicle acquisition incen- 104-17), the Grains Trade Convention SD–419 tives to increase the flexibility of con- and Food Aid Convention (Treaty Doc. 2:00 p.m. trolled fleet owners and operators, and 105-4), the Convention on the Inter- Energy and Natural Resources S. 1418, to promote the research, identi- national Maritime Organization (Trea- National Parks, Historic Preservation, and fication, assessment, exploration, and ty Doc. 104-36), and the Trademark Law Recreation Subcommittee development of methane hydrate re- Treaty (Treaty Doc. 105-35). To hold hearings on titles IX and X of S. sources. SD–419 1693, to renew, reform, reinvigorate, SD–366 May 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E811 JUNE 4 JUNE 11 OCTOBER 6 2:00 p.m. 2:00 p.m. 9:30 a.m. Energy and Natural Resources Energy and Natural Resources Veterans’ Affairs Forests and Public Land Management Sub- Forests and Public Land Management Sub- To hold joint hearings with the House committee committee Committee on Veterans Affairs on the To resume hearings on S. 1253, to provide To resume hearings on S. 1253, to provide legislative recommendations of the to the Federal land management agen- to the Federal land management agen- American Legion. cies the authority and capability to cies the authority and capability to 345 Cannon Building manage effectively the federal lands in manage effectively the federal lands in accordance with the principles of mul- accordance with the principles of mul- tiple use and sustained yield. tiple use and sustained yield. SD–366 SD–366 Monday, May 11, 1998 Daily Digest Senate to state the policy of the United States regarding the Chamber Action deployment of a missile defense system capable of Routine Proceedings, pages S4603–S4637 defending the territory of the United States against Measures Introduced: Five bills were introduced, limited ballistic missile attack. Pages S4618±24 as follows: S. 2057–2061. Page S4630 A motion was entered to close further debate on Measures Reported: Reports were made as follows: the motion to proceed to consideration of the bill Report to accompany S. 1723, The American and, in accordance with the provisions of Rule XXII Competitiveness Act. (S. Rept. No. 105–186) of the Standing Rules of the Senate, a vote on the S. 1364, to eliminate unnecessary and wasteful cloture motion will occur on Wednesday, May 13, Federal reports, with amendments. (S. Rept. No. 1998. Page S4618 105–187) Messages From the President: Senate received the S. 981, to provide for analysis of major rules, with following messages from the President of the United an amendment in the nature of a substitute. (S. States: Rept. No. 105–188) Transmitting the report entitled ‘‘Class-Size Re- S. 2060, to authorize appropriations for fiscal year duction and Teacher Quality Act of 1998’’; referred 1999 for military activities of the Department of to the Committee on Labor and Human Resources. Defense, to prescribe personnel strengths for such fis- (PM–123). Page S4628 cal year for the Armed Forces. (S. Rept. No. Transmitting the annual report of that the Na- 105–189) tional Institute of the Building Sciences for fiscal Report to accompany S. 2037, WIPO Copyright year 1996; referred to the Committee on Banking, Treaty Implementation. (S. Rept. No. 105–190). Housing, and Urban Affairs. (PM–124). Page S4628 S. 2057, to authorize appropriations for the fiscal year 1999 for military activities of the Department Nominations Received: Senate received the follow- of Defense, for military construction, and for defense ing nominations: activities of the Department of Energy, to prescribe Raner Christercunean Collins, of Arizona, to be personnel strengths for such fiscal year for the United States District Judge for the District of Ari- Armed Forces. zona. S. 2058, to authorize appropriations for fiscal year Robert S. Lasnik, of Washington, to be United 1999 for defense activities of the Department of En- States District Judge for the Western District of ergy. Washington. S. 2059, to authorize appropriations for the fiscal Virginia A. Phillips, of California, to be United year 1999 for military construction. Page S4630 States District Judge for the Central District of Cali- Agriculture Research, Extension, and Education fornia. Reform Act—Conference Report—Agreement: A Raymond W. Kelly, of New York, to be Commis- unanimous-consent time-agreement was reached pro- sioner of Customs. viding for the consideration of the conference report James E. Johnson, of New Jersey, to be Under on S. 1150, to ensure that federally funded agricul- Secretary of the Treasury for Enforcement. tural research, extension, and education address high- Elizabeth Bresee, of New York, to be an Assistant priority concerns with national or multistate signifi- Secretary of the Treasury. Pages S4627, S4637 cance, and to reform, extend, and eliminate certain Messages From the President: Pages S4627±28 agricultural research programs, on Tuesday, May 12, Communications: Pages S4628±30 1998. Pages S4616±18 Missile Defense System: Senate began consideration Statements on Introduced Bills: Pages S4630±32 of the motion to proceed to consideration of S. 1873, D485 D486 CONGRESSIONAL RECORD — DAILY DIGEST May 11, 1998 Additional Cosponsors: Pages S4632±33 Committee Meetings Notices of Hearings: Page S4633 Additional Statements: Pages S4634±36 (Committees not listed did not meet) Adjournment: Senate convened at 12 noon, and ad- APPROPRIATIONS—DEFENSE journed at 6:36 p.m., until 9:30 a.m., on Tuesday, Committee on Appropriations: Subcommittee on Defense May 12, 1998. (For Senate’s program, see the re- held hearings on proposed budget estimates for fiscal marks of the Acting Majority Leader in today’s year 1999 for the Department of Defense and related Record on page S4636.) agencies, receiving testimony from numerous public witnesses. Subcommittee will meet again on Wednesday, May 13. h House of Representatives Quorum Calls—Votes: No quorum calls or re- Chamber Action corded votes developed during the proceedings of the Bills Introduced: 4 public bills, H.R. 3824–3827; House today. and 1 resolution, H.J. Res. 118, were introduced. Adjournment: Met at 2:00 p.m. and adjourned at Page H3024 2:39 p.m. Reports Filed: Reports were filed as follows: Filed on Friday, May 8, H.R. 2431, to establish an Office of Religious Persecution Monitoring, to Committee Meetings provide for the imposition of sanctions against coun- tries engaged in a pattern of religious persecution, HUMAN RIGHTS INFORMATION ACT amended (H. Rept. 105–480 Part 2); Committee on Government Reform and Oversight: Sub- Filed on Friday, May 8, H.R. 2431, to establish committee on Government Management, Informa- an Office of Religious Persecution Monitoring, to tion, and Technology held a hearing on H.R. 2635, provide for the imposition of sanctions against coun- Human Rights Information Act. Testimony was tries engaged in a pattern of religious persecution, heard from Lee Strickland, Information and Privacy amended (H. Rept. 105–480 Part 3); and Coordinator, CIA; Steven Garfinkel, Director, Infor- H.R. 2556, to reauthorize the North American mation Security Oversight Office, National Archives Wetlands Conservation Act and the Partnerships for and Records Administration; and public witnesses. Wildlife Act, amended (H. Doc. 105–522). Pages H3023±24 f Speaker Pro Tempore: Read a letter from the COMMITTEE MEETINGS FOR TUESDAY, Speaker wherein he designated Representative Miller of Florida to act as Speaker pro tempore for today. MAY 12, 1998 Page H3017 (Committee meetings are open unless otherwise indicated) Guest Chaplain: The prayer was offered by the Senate guest Chaplain, the Rev. Douglas Tanner of Wash- Committee on Appropriations, Subcommittee on Military ington, D.C. Page H3017 Construction, to hold hearings on proposed budget esti- Presidential Message—Class Size Reduction and mates for fiscal year 1999 for the Department of Defense Teacher Quality: Read a message from the Presi- BRAC environmental programs, 10 a.m., SD–138. dent wherein he transmitted his legislative proposal Committee on Foreign Relations, to hold hearings on S. entitled ‘‘Class-Size Reduction and Teacher Quality 1868, to express United States foreign policy with respect Act of 1998’’—referred to the Committee on Edu- to, and to strengthen United States advocacy on behalf of, cation and the Workforce and ordered printed (H. individuals persecuted for their faith worldwide, to au- thorize United States actions in response to religious per- Doc. 105–249). Pages H3017±18 secution worldwide, to establish an Ambassador at Large Senate Messages: Message received from the Senate on International Religious Freedom within the Depart- today appears on page H3017. ment of State, a Commission on International Religious May 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D487

Persecution, and a Special Adviser on International Reli- Technology, oversight hearing on Creating an Office of gious Freedom within the National Security Council, 2 Federal Management, 10 a.m., 2154 Rayburn. p.m., SD–419. Committee on the Judiciary, to mark up the following Committee on the Judiciary, to hold hearings to examine bills: H.R. 3150, Bankruptcy Reform Act of 1998; H.R. the consequences of raising tobacco prices, 10:30 a.m., 2604, Religious Liberty and Charitable Donation Protec- SD–226. tion Act of 1997; and H.R. 3736, Workforce Improve- Committee on Indian Affairs, to hold hearings on pro- ment and Protection Act of 1998, 2 p.m., 2141 Rayburn. posed legislation to revise the Indian Gaming Regulatory Committee on Resources, Subcommittee on National Parks Act of 1988, focusing on lands into trust for purposes of and Public Lands, hearing on the following bills: H.R. gaming, 9:30 a.m., SD–106. 3109, Thomas Cole National Site Act; and H.R. 1390, NOTICE to authorize the Government of India to establish a me- morial to honor Mahatma Gandhi in the District of Co- For a listing of Senate committee meetings sched- lumbia, 10 a.m., 1324 Longworth. uled ahead, see pages E810–11 in today’s Record. Subcommittee on Water and Power, oversight hearing House on CALFED, 2 p.m., 1334 Longworth. Committee on Rules, to consider the following: H.R. Committee on Agriculture, hearing to review the 1999 3534, Mandates Information Act of 1998; H.R. 10, Fi- Multilateral Negotiations on Agricultural Trade-Asia and the Pacific, 9:30 a.m., 1300 Longworth. nancial Services Act of 1998 (rule only); and H.R. 512, Committee on Commerce, Subcommittee on Health and New Wildlife Refuge Authorization Act, 3 p.m., H–313 Environment, to mark up the following measures: H.R. Capitol. 2202, National Marrow Donor Program Reauthorization Committee on Transportation and Infrastructure, Sub- Act of 1997; and H. Con. Res. 171, declaring the memo- committee on Water Resources and Environment, hearing rial service sponsored by the National Emergency Medical on Land Between the Lakes Legislation and Small Water- Services (EMS) Memorial Service Board of Directors to shed Projects, 2 p.m., 2167 Rayburn. honor emergency medical services personnel to be the Committee on Ways and Means, Subcommittee on Health, ‘‘National Emergency Medical Services Memorial Service’’, to mark up the Veterans Medicare Access Improvement 4:30 p.m., 2322 Rayburn. Act of 1998, 3 p.m., 1100 Longworth. Subcommittee on Oversight and Investigations, hearing Subcommittee on Trade, to mark up the following on Management Problems with the Department of Ener- bills; H.R. 3644, to amend the Consolidated Omnibus gy’s Hanford Spent Nuclear Fuel Project, 1 p.m., 2123 Budget Reconciliation Act of 1985 to provide for the use Rayburn. of customs user fees for additional preclearance activities Committee on Government Reform and Oversight, Sub- of the Customs Services; and H.R. 3809, Drug Free Bor- committee on Government Management, Information and ders Act of 1998, 5 p.m., B–318 Rayburn. D488 CONGRESSIONAL RECORD — DAILY DIGEST May 11, 1998

Next Meeting of the SENATE (4) H.R. 2841, Hydroelectric Project Construction 9:30 a.m., Tuesday, May 12 Deadline Extension; (5) H. Res. 423, Sense of the House Re Winning the War on Drugs to Protect our Children; Senate Chamber (6) H.R. 2652, Collections of Information Antipiracy Program for Tuesday: After the recognition of two Sen- Act; ators for a speech and the transaction of any morning (7) H.R. 3723, U.S. Patent and Trademark Office Re- business (not to extend beyond 10 a.m.), Senate will con- authorization Act, FY 1999; sider S. 1046, National Science Foundation Reauthoriza- (8) H.R. 3811, Felony Violations for Failure to Pay tion, with a vote to occur thereon, following which Sen- Child Support Obligations; ate will recess until 2:15 p.m. for respective party con- (9) H.R. 2829, Bulletproof Vest Partnership Grant Act ferences. of 1997; At 2:15 p.m., Senate will consider the conference re- (10) H. Res. 422, Sense of the House that Law En- port on S. 1150, Agricultural Research, Extension, and forcement Officers who have Died in the Line of Duty Education Reauthorization Act. should be Honored, Recognized, and Remembered for their Great Sacrifice; (11) H. Con. Res. 262, 1998 District of Columbia Spe- Next Meeting of the HOUSE OF REPRESENTATIVES cial Olympics Law Enforcement Torch Run through the 12:30 p.m., Tuesday, May 12 Capitol Grounds; (12) H. Con. Res. 263, Use of the Capitol Grounds for the Seventeenth Annual National Peace Officers’ Memo- House Chamber rial Service; and Program for Tuesday: Consideration of 13 Suspensions: (13) H. Con. Res. 255, Use of the Capitol Grounds for (1) H.R. 2886, Granite Watershed Enhancement and the Greater Washington Soap Box Derby. Protection Act of 1997; NOTE: The House will meet at 12:30 p.m. for morn- (2) H.R. 1021, Miles Land Exchange Act of 1997; ing hour and 2:00 p.m. for legislative business. No re- (3) H.R. 2217, Colorado FERC Project Deadline Ex- corded votes are expected before 5:00 p.m. tension;

Extensions of Remarks, as inserted in this issue

HOUSE Doolittle, John T., Calif., E808 Schaffer, Bob, Colo., E807, E808 Ney, Robert W., Ohio, E807 Sherman, Brad, Calif., E807, E808, E809 Berman, Howard L., Calif., E808 Portman, Rob, Ohio, E807 Waxman, Henry A., Calif., E808

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