E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, DECEMBER 6, 1995 No. 193 Senate

The Senate met at 10 a.m. and was By a previous order, at 5 o’clock today, with the President’s Bosnian policy, called to order by the President pro we will resume consideration of H.R. which we have said from day one, the tempore [Mr. THURMOND]. 1833 regarding partial-birth abortions past 30 months, it has been bipartisan— and the pending amendments thereto. I we voted time and again to lift the PRAYER assume we will have rollcall votes arms embargo, to give the Bosnians a The Chaplain, Dr. Lloyd John throughout today’s session in regard to chance to defend themselves. Had we Ogilvie, offered the following prayer: either of these matters. done that, we would not be talking Almighty God, take charge of the Just for the information of my col- about sending 20,000 American troops control center of our brains. Think leagues, on the tentative schedule, we to Bosnia. The President has repeat- Your thoughts through us and send to would like to finish the constitutional edly rejected the bipartisan view of the our nervous systems the pure signals of amendment on flags and complete ac- House and the Senate, and he has indi- Your peace, power, and patience. Give tion on the partial-birth abortions bill cated that troops will go notwithstand- us minds responsive to Your guidance. and consider any available appropria- ing any opposition from Congress. Take charge of our tongues so that tions conference reports between now I hope we can work out some resolu- we may speak truth with clarity, with- and sometime on Friday. tion that would support the forces and Next week, the State Department re- out rancor and anger. May our debates let him proceed with his commitment, organization bill will come to the floor, be an effort to reach agreement rather even though we may not share his view S. 1441, unless we reach some agree- than simply to win an argument. Help on either the agreement in Dayton or ment prior to that time. We have been us to think of each other as fellow the Bosnia policy. trying to reach an agreement here for One thing we hope to achieve is an Americans seeking Your best for our several weeks, and we have had no suc- Nation, rather than enemy parties exit strategy. It is our view that unless cess. I think the chairman of the Sen- we have some exit strategy, we are not seeking to defeat each other. Make us ate Foreign Relations Committee, Sen- channels of Your grace to others. May certain how long American Forces and ator HELMS, has been very patient, and other forces might be there. We believe we respond to Your nudges to commu- I am determined to bring the bill up it is very important that the Bosnians nicate affirmation and encouragement. again. If we cannot get the votes, we be armed and trained so that in 6 May we all march to the cadences of cannot get the votes. So we will start months, 8 months, or a year, we will be the same Drummer. Help us to catch that up on Monday. the drumbeat of Your guidance. Here In addition, next week we will have able to leave that part of the world and are our lives. Invade them with Your available appropriations conference re- come back and bring our forces back to calming spirit, strengthen them with ports. We hope to have a welfare re- America, and the Bosnians will be in a Your powerful presence, and imbue form conference report. We also will position to defend themselves. It sort them with Your gift of faith to trust take up H.R. 660, the fair housing ex- of all gets back to what we have been You to bring unity in our diversity. In emption bill. There will be a short time talking about in the last couple of our Lord’s name. Amen. agreement. years. We should have lifted the arms f Next week, we will bring up the reso- embargo in the first place. They would lution on Bosnia, and I hope we might be in a position today to defend them- RECOGNITION OF THE MAJORITY complete that under some time agree- selves, and we may not be asking LEADER ment. But that should come next week. Americans to make these sacrifices. The PRESIDENT pro tempore. The We are still working on the language, That will come up sometime next able majority leader, Senator DOLE, is as we have indicated in the last couple week. recognized. of days. That language has now been, I f f think, submitted to a number of our colleagues. We hope we can reach some UNANIMOUS-CONSENT REQUEST— SCHEDULE agreement. We do not expect everybody SENATE JOINT RESOLUTION 31 Mr. DOLE. Mr. President, in a few to support the resolution. Some people Mr. DOLE. I ask unanimous consent moments, I will make a motion to pro- have different views and different mo- that the Senate turn to the consider- ceed to the consideration of calendar tives, but we hope that we can pass a ation of calendar 195, Senate Joint Res- No. 195, Senate Joint Resolution 31, re- resolution that indicates our strong olution 31, proposing a constitutional garding a constitutional amendment support for United States forces, not- amendment regarding the desecration prohibiting the desecration of the flag. withstanding our strong disagreement of the flag of the United States.

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

S 18037 S 18038 CONGRESSIONAL RECORD — SENATE December 6, 1995 The PRESIDING OFFICER (Mr. Article II, section 2 of the Constitu- conservative Duma emerge, where one ABRAHAM). Is there objection? tion deals with the powers of the Presi- Start II ratification will be more dif- Mr. BINGAMAN. Mr. President, I do dent. The second paragraph says: ficult as a challenge for President object. He shall have Power, by and with the Ad- Yeltsin. The PRESIDING OFFICER. Objec- vice and Consent of the Senate, to make Mr. President, I believe our delay in tion is heard. Treaties, provided two-thirds of the Senators carrying out our constitutional duties f present concur; and he shall nominate, and on START II has consequences and by and with the Advice and Consent of the they are potentially very bad con- FLAG DESECRATION CONSTITU- Senate, shall appoint Ambassadors, other sequences for our security and for our TIONAL AMENDMENT—MOTION public Ministers and Consuls, Judges of the relations with Russia. TO PROCEED Supreme Court, and all other Officers of the Similarly, I believe the delay in car- United States . . . Mr. DOLE. Mr. President, I move to rying out our constitutional duties on proceed to the consideration of Senate Mr. President, I have a couple of ambassadorial nominations has con- Joint Resolution 31. charts which I would like to refer to sequences. The PRESIDING OFFICER. Is there here just to make the points that need I have a second chart here I want to debate on the motion? to be made. This first chart deals with go through. This is a list of the ambas- Mr. DOLE. Mr. President, I know the chronology of events related to the sadorial nominations that have been there will be debate on the motion. I do START II treaty. This treaty was delayed. This is from the time that not know how long the Senator from signed by President Bush on January 3, they were submitted to the Foreign Af- New Mexico wishes to debate. But I 1993. It was submitted to the Senate by fairs Committee. We have the names of hope that we can go to the bill itself in President Bush on January 15, 1993. the ambassadors whose papers are en- the next couple of hours. This means That was almost 3 years ago. tirely in order and who could be con- we will have to be here longer this Until last December when the issues firmed rapidly if the Foreign Affairs evening. We would like to complete ac- were resolved that allowed the START Committee were to hold a business tion. We are going back to partial-birth I treaty to enter into course, perhaps it meeting. There are 18 names on the abortion bill at 5 o’clock and will try was appropriate not to proceed with list. We can go into them in some de- to finish that tonight. the ratification of START II. Once that tail later on in the morning or later in Hopefully, if there is some time or treaty was overcome, then everyone the day. any requests for time on the amend- expected that the START II treaty Together, we have also listed, of ments, we can continue that debate to- would be dealt with by this body early course, the countries that they would night and finish this bill by noon to- this year—early in 1995. be ambassadors to and the date that morrow. The last hearing of the Foreign Af- the nomination was sent here to the I yield the floor. fairs Committee on the treaty took Senate. Mr. BINGAMAN addressed the Chair. place on March 29 of this year. Most of these people, 14 of them to be The PRESIDING OFFICER. The Sen- Senator LUGAR, at a conference the precise, are Foreign Service officers. ator from New Mexico is recognized. next day on March 30 said, Four of them, Jim Sasser, Sandra Mr. BINGAMAN. Mr. President, I did I chaired the final Foreign Relations sub- Kristoff, James Joseph, and John object to proceeding with the debate on committee hearing in the Senate yesterday Gevirtz are noncareer political ap- the flag amendment because I believe on the START II treaty. The committee will pointments. Many of these nomina- that we have neglected some other seek to mark up the treaty after the April tions have been ready to move since recess. We will look to potential floor action very important constitutional duties. July. during the middle of the month of May. It is Mr. President, the lives of these peo- Specifically, we have neglected to pro- a good treaty, but it is one thing to have ple and their families have been dis- vide our advice and consent of ratifica- reached agreements and understandings, an- rupted by our inaction. Our ability to tion of START II and also on confirm- other to have fully implemented. carry on our diplomatic efforts with ing the nomination of ambassadors to Mr. President, next week we will be these nations and in these parts of the nations, which include over a third of in mid-December, fully 7 months be- world have been disrupted, as well. the world’s population. That has now hind the schedule that was outlined by The signal that we send to the rest of been delayed many months. the senior Senator from Indiana, whom the world when we fail to have ambas- I have been told this morning that a I greatly respect for his leadership on sadors in key capitals is not a good sig- deal which would allow for the Foreign our policy toward Russia. I wish we had nal. Look at the list of nations that we Relations Committee to meet tomor- held to the original timetable. Obvi- have here, Mr. President: China, Indo- row and report the treaty and these ously, we have not. nesia, Pakistan, Thailand, Cambodia, nominations, which will allow the Sen- I fear the delay has only complicated Malaysia, Sri Lanka, our Ambassador ate to approve them next week and the prospects for treaty ratification in to the Asia Pacific Economic Coopera- deal with the State Department au- the Russia Duma. We have provided an tion Organization—APEC, which met thorization bill, as well, may be at obvious excuse for inaction for 7 recently, and we were not represented hand. I would be delighted if that months now. We should not make that by an ambassador at that meeting. The proves to be true, and I would gladly excuse, extend that excuse, for 8, 9, or Vice President attended in lieu of our yield the floor and allow the Senate to 10 months. President because of the difficulties proceed with debate on the flag amend- As Senator LUGAR went on to point here in getting agreement on a budget. ment as soon as we can get some kind out in his March 30 speech, What sort of signal are we sending to of unanimous-consent agreement to To reach the START II limits by the year Asia when we will not carry out our that effect. 2000 or 2003 will require enormous effort and constitutional duties here in the Sen- But, for the moment, I think that I cost, particularly on the Russian side. This ate in a timely fashion? These nations have no choice but to talk for a period will be difficult in the best of times but it is include over a third of the world’s pop- here about the constitutional obliga- particularly challenging given the political ulation and some of the world’s fastest tions we have to provide advice and and economic revolution engulfing Russia growing economies. We have important consent on treaties and with regard to today. and very critical interests in these na- the appointment of ambassadors. The genius of the Nunn-Lugar coop- tions, yet we cannot get around to con- Mr. President, before we amend the erative reduction effort has been to firming our ambassadors to them. Constitution, I hope we will not amend face the facts squarely and try to help Many of the other nations listed are the first amendment, as proposed in where we can in the Russian’s effort to in Africa: South Africa, Cameroon, the flag amendment, for the first time dismantle their nuclear stockpile. Rwanda, et cetera. Again, what sort of in the history of this Republic. I be- Months of inaction on our part cannot a signal are we sending? In the case of lieve we should not go on to consider have improved the prospects for ratifi- South Africa, again, the Vice President that before we get about the business cation in the Duma. is there on a trip this week. of carrying out our current responsibil- In the elections in Russia in less than I am sure that our neglect of our re- ities under the Constitution. 2 weeks we are likely to see a more sponsibilities in the Senate is much December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18039 bigger news in those nations than it is Mr. HATCH. Mr. President, I thank American people favor this amend- here, but what we are doing or failing my colleague for being willing to yield ment. to do in my view is wrong and my point me this time, because we were sup- We live in a time when standards this morning is that we need to get posed to start on the flag amendment have eroded. Our sensibilities are in- agreement in the Senate to take action at 10 this morning. I do deeply regret creasingly bombarded by coarse and on these nominations and to take ac- that we are now on a filibuster against graphic speech and by angry and vulgar tion on START II before we proceed a constitutional amendment to prevent discourse. We and our children and with other less pressing business. the desecration of the American flag. I grandchildren can routinely watch tel- Mr. President, the proposal that the think the American people should evision shows that contain material we majority leader would like to move to know that this is a filibuster. never saw or heard on movie screens today is the amendment to the Con- We have had a filibuster on virtually not so many years ago, let alone on stitution dealing with flag burning. every bill this year. At the height of TV. I noticed our colleagues, Senators Whether a particular Senator opposes Republican irritation at Democratic LIEBERMAN and NUNN, have expressed that amendment or favors it, I think control of the Senate in the past, I can- concerns about the erosion of stand- all of us would have to agree that it is not remember any year on which there ards in some aspects of daytime tele- not urgent for the Senate to act on have been filibusters on virtually ev- vision. I need not dwell on what we and that proposal. erything of substance in any given our children can watch at the movies We have survived as a nation now for year. Selected filibusters, yes—and I these days. I need not dwell on the about 206 years without that amend- am the first to say that should be done. lyrics our children are listening to ment being adopted. I am a fairly regu- I am the first to uphold the filibuster throughout our country, or that they lar reader of the newspaper. I read the rule. But not on everything. can listen to. newspaper this morning. I could find To prevent us from even considering, Drugs, crime, and pornography nothing in there indicating that people or at least trying to prevent us from debase our society to an extent that no are burning flags around this country considering an amendment to protect one would have predicted just two gen- or around the world, in fact. Of course, the flag, which most Americans, at erations ago. The breakdown in the the proposal is primarily aimed at least 80 percent, favor, it seems to me family, the divisions among our citi- those burning flags in this country. is something I hope my colleagues on zens, threaten our progress as one peo- The point is very simply, Mr. Presi- the other side will think through and ple bound together by common pur- dent, whether you favor or oppose the change their ways, because this is not poses and values. amendment, it is not urgent that we right. But I do appreciate my colleague Civility and mutual respect—pre- deal with it. We do not need to put allowing me this time to make a few conditions for the robust expression of aside other pressing important busi- comments about how important this diverse views in society—are in de- ness in order to deal with the flag amendment is. cline. amendment today and tomorrow. I It comes down to this. Will the Sen- Absolutes are ridiculed. Values are think it is much more important that ate of the United States confuse liberty deemed relative. Nothing is sacred. we do the business of the Senate, and with license? Or will the Senate of the There are no limits. Anything goes. the business of the Senate very simply United States allow the people of the Individual rights are cherished and as set out in the Constitution which we United States to have the right to pro- constantly expanded, but responsibil- are now talking about amending, the tect their beloved national symbol, the ities are shirked and scorned. business of the Senate is to approve American flag? We seek to instill in our children a nominations—or disapprove. The Supreme Court, in 1989, in the pride in our country—a pride that we I am not saying here I expect every first of two mistaken 5 to 4 decisions, hope will serve as a basis for good citi- Senator to come to the floor and vote stripped the American people of that zenship and for devotion to improving for each of these Presidential nominees right. This is a right the American peo- our country and adhering to its best in- to be ambassador. It is possible that ple had for over 200 years. This is a terests as they can honestly see those some of our colleagues would like to right they had exercised in 48 States interests; a pride in country that takes vote against them. That is fine. I am and in Congress. Seventy-three percent them beyond the question, ‘‘What’s in not insisting on a particular outcome. of my fellow Utahns favor a constitu- it for me?’’ We seek to instill a pride in I am saying that the Senate should tional amendment to protect the flag. country that may one day be called have the chance to vote on these am- Forty-nine State legislatures, includ- upon as a basis for painful sacrifice in bassadorial nominations and on the ing the Utah Legislature, have called the country’s interests, maybe even START II treaty before we conclude upon Congress to pass a flag protection the ultimate sacrifice, as it was in the our business this year. amendment. Here are 49 petitions— case of my brother, in the Second I understand that Senator HATCH is here are the voices of people reflected on the floor and he would like to speak World War. in their State legislatures; 49 petitions We hope our children will feel con- for a period on the flag amendment. I for this amendment. Three-hundred nected to the diverse people who are certainly am willing to yield to him to and twelve members of the other body their fellow citizens—the people they do that since we will still be in a period have already voted for this constitu- will grow up to work with, cross paths debating whether or not to proceed to tional amendment. This includes near- with in daily life, and live among. consideration of the bill. ly half of the members of the other side I yield the floor. We ask our school children to pledge Mr. HATCH. Mr. President, I thank of the aisle, including their leader, allegiance to the flag. But, the Su- my colleague. It was very gracious of DICK GEPHARDT—a wonderful display of preme Court now dictates that we must him to do that, because I am concerned bipartisanship over there, one of the tell them that the same flag is unwor- whether we are going to get to this few we have had in this whole last 2 thy of legal protection when it is treat- amendment. years. So, it does come down to the ed in the most vile, disrespectful, or Let me, just for a moment, suggest Senate, no doubt about it. contemptuous manner. the absence a quorum with the under- Many of the Nation’s law professors At the same time that we seek to fos- standing I will be recognized as soon as and editorial boards oppose this ter pride in each rising generation, our we come out of the quorum call. amendment. An intemperate American country grows more and more diverse. The PRESIDING OFFICER. The Bar Association and the American Many of our people revel in their par- clerk will call the roll. Civil Liberties Union oppose the ticular cultures and diverse national The legislative clerk proceeded to amendment. Regrettably, President origins, and properly so. Others are call the roll. Clinton opposes this amendment, and I alienated from their fellow citizens and Mr. HATCH. Mr. President, I ask am sure that costs us a few votes. They from government altogether. unanimous consent that the order for may be critical votes on this particular We have no monarchy, no state reli- the quorum call be rescinded. amendment. If this goes down, it will gion, no elite class—hereditary or oth- The PRESIDING OFFICER. Without be primarily, perhaps, because the erwise—representing the Nation and its objection, it is so ordered. President is opposed to it. But the unity. We have the flag. S 18040 CONGRESSIONAL RECORD — SENATE December 6, 1995 The American flag is the one symbol tion of a nation, that they transcend the has mistakenly stripped the people of that unites a very diverse people in a merely symbolic; they become their 200-year-old democratic right to way nothing else can, in peace or war. presences. . . . make this decision. Despite our differences of party, poli- I think that is a pretty profound edi- The flag is the quickest and most in- tics, philosophy, religion, ethnic back- torial. tense way for those with an urgent ground, economic status, social status, The amendment before us does not it- cause to seek identification with their or geographic region, the American self protect the flag. It empowers Con- fellow citizens and American ideals and flag forms a unique, common bond gress and the States to do so. The principles. Indeed, it is not uncommon among us. Failure to protect the flag amendment reads: ‘‘The Congress and for causes seeking popular support to inevitably loosens this bond, no matter the States shall have power to prohibit rely on the flag as a silent but ex- how much some may claim to the con- the physical desecration of the flag of tremely powerful part of their appeal trary. In my opinion, the defenders of the United States.’’ to fellow Americans. In a wonderful this newly discovered, so-called right That is a very simple statement, as book, ‘‘Star Spangled Banner, Our Na- to desecrate the American flag do con- constitutional amendments should be tion and its Flag,’’ by Margaret fuse liberty with license. stated. Sedeen, published by the National Geo- The issue really does boil down to Now I wish we did not have to amend graphic Society, one can see vivid re- this: isn’t it ridiculous that the Amer- the Constitution to achieve our pur- minders of this. On page 181, women ican people are unable to protect their pose. It should not be necessary. I be- suffragettes are shown in an open air flag, if they wish to do so? This one, lieve that the Constitution permits car with placards proclaiming their unique symbol of our country? It might Congress and the States to enact flag cause and waving several American come as a shock to many, but the law protection laws. But as our colleague flags. Two pages later is another pic- does not have to be totally devoid of Senator FEINSTEIN and others have ture, and I will read its caption: common sense. Of course, the amend- well noted, the Supreme Court has Holding the flag high as a banner for his ment and implementing statutes must given us no choice. Twice it has struck cause, a marcher makes his way along the road from Selma to Montgomery, AL, in the be carefully crafted and the lawyers down statutes protecting the flag—in Texas versus Johnson in 1989, a Texas spring of 1965, protesting continued efforts to consulted on this. But the underlying deny most southern blacks their rights to issue is not nearly as complicated as statute; and in U.S. versus Eichman in register and vote. Within months of the the legal mumbo—jumbo of the lawyers 1990, a Federal statute that we enacted march, Congress approved the Voting Rights and elitists make it out to be. in response to Johnson. This amend- Act of 1965. Perhaps Paul Greenberg, editorial ment would overturn both decisions. Now, parenthetically, I should note page editor of the Arkansas Democrat I remember when we debated that on that in between these two pages is a Gazette, summarized it best in a July the floor. I said the court would strike picture which will make the blood boil 6, 1995 column: that statute down which, of course, it of every Member of this body. I will ‘‘But didn’t our intelligentsia explain to us has. read that inscription: yokels again and again that burning the flag Now let me be clear what this debate On April 5, 1976, a white high school stu- of the United States isn’t an action, but is not about. This is not about who dent, 1 of 200 antibusing demonstrators in speech, and therefore a constitutionally pro- loves the flag more. President Clinton Boston that day, used the flag as a lance to tected right? That’s what the Supreme Court and other present opponents of legal lunge at a black attorney who walked onto decided, too, if only in one of its confused protection of the flag, and opponents of the scene. and confusing 5-to-4 splits. But the people this particular amendment, love the This is a picture of the man. Mr. don’t seem to have caught on. They still in- flag no less than supporters of the President, this is as vile a physical sist that burning the flag is burning the flag, not making a speech. Stubborn lot, the peo- amendment. Patriots can disagree abuse of the flag as any flag burning ple. Powerful thing, public opinion . .. about this amendment. you have ever seen. It is also a re- ‘‘It isn’t the idea of desecrating the flag This is also not about who believes in minder to us that any amendment we that the American people propose to ban. the first amendment more. Supporters adopt must be worded so as to permit Any street-corner orator who takes a notion of this amendment, no less than its op- legislative bodies to address the vari- to should be able to stand on a soapbox and ponents, believe in protecting the right ety of disrespectful, physical mistreat- badmouth the American flag all day long— of free speech. In my view, there is no ments of the flag that can occur. and apple pie and motherhood, too, if that’s clash between protecting the American It is not possible to express fully all the way the speaker feels. It’s a free country. ‘‘It’s actually burning Old Glory, it’s defac- flag and preserving freedom of speech. of the reasons the flag deserves such ing the Stars and Stripes, it’s the physical And, during all the years that flag pro- protection. As then Justice Rehnquist desecration of the flag of the United States tection statutes were on the books, wrote in 1974: ‘‘The significance of the that oughta be against the law. And the peo- freedom of speech in this country actu- flag, and the deep emotional feelings it ple of the United States just can’t seem to be ally expanded under the law. arouses in a large part of our citizenry, talked out of that notion—or orated out of The amendment does not prescribe cannot be fully expressed in the two di- it, or lectured out of it, or condescended and what shall be orthodox in politics, na- mensions of a lawyer’s brief or of a ju- patronized out of it. tionalism, or any matter of opinion. dicial opinion.’’ [Smith v. Goguen, 415 ‘‘Maybe it’s because the people can’t shut This amendment does not compel any- their eyes to homely truths as easily as our U.S. 566 at 602 (1974)(Rehnquist, J., dis- Advanced Thinkers. How many legs does a one, by word or act, to salute, honor, or senting).] The notion that our law de- dog have, Mr. Lincoln once asked, if you call respect the flag. nies the American people the ability to its tail a leg? And he answered: still four. So what, then, is this debate really protect their flag from physical dese- Calling a tail a leg doesn’t make it one. Not about? This debate concerns our judg- cration defies common sense. even a symbolic leg. The people have this ment about what values are truly at This amendment empowers Congress stubborn notion that calling something a stake. It is about our sense of national and the States to protect only the constitutional right doesn’t make it one, de- community. It is about whether it is American flag—and only from acts of spite the best our theorists and pettifoggers important enough to ensure that the physical desecration. can do. ‘‘The people keep being told that their flag one unique symbol of all of us, under THIS CAUSE ORIGINATES WITH THE PEOPLE is just a symbol. which many have fought and died, may The current movement for this ‘‘Just a symbol. be protected if the people feel strongly amendment originates with the Amer- ‘‘We live by symbols, said a Justice of the enough to do so. ican people. It is right and proper that U.S. Supreme Court (Felix Frankfurter) . . . This debate, then, is about letting their elected representatives respond And if a nation lives by its symbols, it also the American people, so many of whom affirmatively. dies with them. do respect, revere, and honor our flag, I respect those who have a different ‘‘To turn aside when the American flag is decide whether this indisputably view. But I also think that supporters defaced, with all that the flag means—yes, all that it symbolizes—is to ask too much of unique symbol of our country is worthy of this amendment, who are Democrats Americans. There are symbols and there are of legal protection from those who and Republicans alike, deserve the Symbols. There are some so rooted in his- would physically desecrate it. Right same presumption of good faith in our tory and custom, and in the heroic imagina- now, the Supreme Court mistakenly motives. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18041 So let me note at the outset that this pressure. Did he testify in order to play the thoughtless and intemperate out- has always been a bipartisan effort. On politics? bursts of the American Bar Associa- June 28, as mentioned earlier, nearly We are here for reasons which reside tion. half of the Democrats in the House, in- in the hearts and minds of the Amer- The July 24, 1995, Washington Post cluding their leader, RICHARD GEP- ican people, reasons which are not easy published a letter from Max G. Bern- HARDT, voted for the amendment. to put into words. The flag itself rep- hardt, of Silver Spring, MD. He said: In the Senate, the lead cosponsor is resents no political party or ideology. I’m certainly a liberal, although I’ve al- Senator HEFLIN. The Democratic whip, Make no mistake: the American peo- ways made up my own mind on things and Senator FORD, is a cosponsor, as are ple resurrected this amendment. They have never felt an obligation to accept any- one else’s definition of what was and what Senators FEINSTEIN, BAUCUS, ROCKE- will keep it alive until it is ratified. There is more wisdom, judgment, un- was not the proper liberal position on any FELLER, JOHNSTON, BREAUX, HOLLINGS, given issue. I can’t for the life of me figure EXON, REID, and NUNN. derstanding, and common sense among out why the proposed amendment to the I am troubled, therefore, that some the American people on this matter Constitution outlawing desecration of the opponents of the amendment would ac- than on our Nation’s law faculties, edi- United States flag should evoke the furious cuse its congressional sponsors of try- torial boards, and in the Clinton ad- opposition that it has. ing to score political points by pursu- ministration. Let me cite some of that There seem to be three principal argu- ing ratification of this amendment. common sense. In the 1989 Judiciary ments against it: First, it isn’t needed be- So why are we here today? A grass- Committee hearings, R. Jack Powell, cause this isn’t what people are doing any- more; second, it will have a chilling effect on roots coalition, the Citizens Flag Alli- executive director of the Paralyzed the exercise of free expression; third, it will ance, led by the American Legion, has Veterans of America, said it as well as start us down the proverbial slippery slope been working for some time in support anyone: to various other infringements on, and re- of a constitutional amendment regard- ‘‘The members of Paralyzed Veterans of strictions of, free speech and expression. ing flag desecration. The Citizens Flag America, all of whom have incurred cata- If we don’t need it, then it won’t matter Alliance consists of over 100 organiza- strophic spinal cord injury or dysfunction, one way or another if it’s enacted, and no tions, ranging from the Knights of Co- have shared the ultimate experience of citi- one has to worry about it being there as a part of the Constitution. I see no reason why lumbus; Grand Lodge, Fraternal Order zenship under the flag: serving in defense of our Nation. The flag, for us, embodies that desecration of our flag needs to be tolerated of Police; and the National Grange to service and that sacrifice as a symbol of all in the name of free speech. I cannot see how the Congressional Medal of Honor Soci- the freedoms we cherish, including the First outlawing such acts adversely affects free ex- ety of the USA and the African-Amer- Amendment right of free speech and expres- pression—other than flag desecration itself— ican Women’s Clergy Association. sion. Curiously, the Supreme Court in ren- in any manner, shape, or form. Given the na- These organizations represent millions dering its decision [in Texas versus Johnson] ture of the process required to enact an of Americans. Over 200,000 individuals could not clearly ascertain how to determine amendment to the Constitution, I see no rea- also belong to the Citizens Flag Alli- whether the flag was a ‘‘symbol’’ that was son to fear that enactment of this amend- ment will lead to the enactment of other ance. The American Legion, and then ‘‘sufficiently special to warrant . . . unique status.’’ In our opinion and from our experi- constitutional amendments that might be the Citizens Flag Alliance as well, ence, there is no question as to the unique adverse to free expression or other rights. worked to obtain support for the status and singular position the flag holds as Far from destruction of the Bill of Rights, amendment. Citizens organizations the symbol of freedom, our Constitution and as depicted by Herblock in the July 2 Post, exist in every State. The Veterans of our Nation. As such it must be defended and the only thing this amendment does is to Foreign Wars also supports this amend- provided special protection under the law. outlaw desecration of the flag, which only by the most expansive interpretation of the ment. * * * * * First Amendment could have been estab- The Citizens Flag Alliance ap- I am concerned that there is some impres- lished as legally permissible in the first proached Senator HEFLIN and me last sion, at least in the media and by some oth- place. It in no way affects anything else and year, well before the November elec- ers that are around, that the idea of support- should be enacted forthwith. ing the flag is some idea just of right-wing tions, and asked us to lead a bipartisan This individual displayed more com- effort in the Senate. They told us they conservatives, and I have heard some Sen- ators say, those veteran organizations, and mon sense and understanding on this had reasonable hopes that President that kind of thing. matter than one will find in editorials, Clinton would support this amend- In fact, the flag is the symbol of a con- cartoons, and pundits’ offerings in the ment. Senator HEFLIN and I did not ini- stitution that allows Mr. Johnson to express Washington Post, and other illustrious tiate this current effort. We would not his opinion. So, to destroy that symbol is journalistic pieces and publications. be here now if the Citizens Flag Alli- again a step to destroy the idea that there is RESPONSE TO CRITICISMS ance had not initiated it. A similar bi- one nation on earth that allows their people Let me give a response to some of the to express their opinions, whether they hap- partisan approach was made in the criticisms. The committee report fully House of Representatives. pen to be socialist opinions or neo-Nazi opin- ions, or democratic opinions or republican addresses the legal and other argu- So why are we here today? We are opinions. ments against the amendment. And I here for the reasons expressed by Rose Now listen carefully to these further urge my colleagues to review it. I am Lee, a Gold Star Wife and past presi- words from Mr. Powell: prepared to address some of them later dent of the Gold Star Wives of Amer- in the debate if I had to. Let me just ica. Her husband died on active duty 23 Certainly, the idea of society is the band- ing together of individuals for the mutual make a few comments now. years ago and she brought the flag that protection of each individual. That includes, In my view, this amendment, grant- draped her husband’s coffin to the June also, an idea that we have somehow lost in ing Congress and the States power to 6 hearing on this amendment. She tes- this country, and that is the reciprocal, will- prohibit physical desecration of the tified, ‘‘It’s not fair and it’s not right ing giving up of unlimited individual free- flag, does not amend the first amend- that flags like this flag, handed to me dom so that society can be cohesive and can ment. I believe the flag protection by an Honor Guard 23 years ago, can be work. It would seem that those who want amendment overturns two Supreme legally burned by someone in this most to talk about freedom ought to recog- Court decisions which have mis- country * * * [It is] a dishonor to our nize the right of a society to say that there construed the first amendment. is a symbol, one symbol, which in standing husbands and an insult to their widows for this great freedom for everyone of dif- The first amendment’s guarantee of to allow this flag to be legally burned.’’ ferent opinions, different persuasions, dif- freedom of speech has never been Did she and the other Gold Star Wives ferent religions, and different backgrounds, deemed absolute. Libel is not protected who accompanied her to the hearing society puts beyond the pale to trample under the first amendment. Obscenity show up to play politics? with. [Testimony of R. Jack Powell, Sept. 13, is not protected under the first amend- We are here for the reasons expressed 1989, at 432–437]. ment. Fighting words which provoke by Joseph Pinon, assistant city man- There is more wisdom and judgment violence or breaches of the peace are ager of Miami Beach, FL, who fled Cas- in these few paragraphs than my col- not protected under the first amend- tro’s Cuba, fought as a marine in Viet- leagues will find in page after page of ment. A person cannot blare out his or nam, and whose Marine unit refused to the Clinton administration’s testi- her political views at 2 o’clock in the leave the flag behind at hill 695 when mony, the arcane testimony of law pro- morning in a residential neighborhood that unit had to withdraw under enemy fessors opposed to the amendment, or and claim first amendment protection. S 18042 CONGRESSIONAL RECORD — SENATE December 6, 1995 The view that the first amendment of what it refers to as ‘‘only a few iso- tens upon tens of millions of people, does not disable Congress and the lated instances [of flag burning], the see or read or learn of these desecra- States from prohibiting physical dese- flag is amply protected by its unique tions. How do my colleagues think, cration of the flag has been shared stature as an embodiment of national Rose Lee, for example, feels when she across a wide spectrum. unity and ideals.’’ With all due respect, sees a flag desecration in California re- Chief Justice Earl Warren wrote, ‘‘I I find that comment clearly wrong. ported in the media? The impact is far believe that the states and the Federal First, aside from the number of flag greater than the number of flag dese- government do have the power to pro- desecrations, our very refusal to take crations. tect the flag from acts of desecration action to protect the American flag One might also ask, even if espionage and disgrace . . .’’ [Street v. New York, clearly devalues it. Our acquiescence in occurs rarely, should we have no stat- 394 U.S. 576, 605 (dissenting)]. Justice the Supreme Court’s decisions reduces utes outlawing it? Arrests for treason Hugo Black—generally regarded as a the flag’s symbolic value. As a prac- are rare—but the crime is set out right first amendment absolutist—stated, tical matter, the effect, however unin- there in the Constitution and in our ‘‘It passes my belief that anything in tended, of our acquiescence equates the statutes. the Federal Constitution bars a state flag with a rag, at least as a matter of NO SLIPPERY SLOPE from making the deliberate burning of law, no matter what we feel in our Mr. President, there is absolutely no the American flag an offense.’’ [Id. at hearts. Anyone in this country can buy slippery slope here. The amendment is 610 (dissenting)]. Justice Abe Fortas a rag and the American flag and burn limited to authorizing States and the wrote, ‘‘[T]he States and the Federal them both to dramatize a viewpoint. Federal Government to prohibit phys- government have the power to protect The law currently treats the two acts ical desecration of only the American the flag from acts of desecration com- as the same. How one can say that this flag. It does not suppress viewpoints, mitted in public . . .’’ [Id. at 615 (dis- legal state of affairs does not devalue nor does it regulate any means of ex- senting)]. According to Assistant At- the flag is beyond me. pression aside from physical desecra- torney General Dellinger, President This concern is shared by others. tion of the flag. It serves as no prece- Clinton agrees with Justice Black, but Justice John Paul Stevens said in his dent for any other legislation or con- still opposes any amendment. Johnson dissent: stitutional amendment on any other It is not the first amendment which . . . in my considered judgment, sanction- subject or mode of conduct, precisely protects physical desecration of the ing the public desecration of the flag will because the flag is unique. American flag. The Supreme Court tarnish its value . . . That tarnish is not jus- Some critics of the amendment ask, misinterpreted the text of the first tified by the trivial burden on free expres- is our flag so fragile as to require legal amendment, ignored 200 years of his- sion occasioned by requiring that an avail- able alternative mode of expression, includ- protection? I have tried to explain why tory, and superimposed its own evolv- our national symbol should be legally ing theories of the first amendment in ing uttering words critical of the flag . . . be employed. [491 U.S. at 437]. protected. The better question is this: 1989 in Texas versus Johnson. That just Pro. Richard Parker of Harvard Law is our ability to express views so frag- 20 years earlier civil libertarians such School testified: ile in this country as to be unable to as Earl Warren and Abe Fortas, and a withstand the withdrawal of the flag first amendment absolutist such as ‘‘If it is permissible not just to heap verbal contempt on the flag, but to burn it, rip it from physical desecration? Of course Hugo Black, took it as elementary that and smear it with excrement—if such behav- not. flag desecration laws are constitu- ior is not only permitted in practice, but Ideas have many avenues of expres- tional is a measure of how far the Su- protected in law by the Supreme Court—then sion, including the use of marches, ral- preme Court has moved in this area. the flag is already decaying as the symbol of lies, picketing, leaflets, placards, bull- We have had flag desecration stat- our aspiration to the unity underlying our horns, and so very much more. utes for many decades—yet the ave- freedom. The flag we fly in response is no Even one of the opponents of the nues available for dissent have gotten longer the same thing. We are told ... that someone can desecrate ‘‘a’’ flag but not amendment testifying at the sub- larger, not smaller, over time. And I committee hearing, Bruce Fein, the would agree with that. Indeed, I would ‘‘the’’ flag. To that, I simply say: Untrue. This is precisely the way that general sym- conservative analyst, described the point out that during the time these bols like general values are trashed, particu- amendment as ‘‘a submicroscopic en- laws were first enacted in the 19th cen- lar step by particular step. This is the way, croachment on free expression . . .’’ in tury, freedom of speech in general has imperceptibly, that commitments and ideals response to written questions. A been enlarged: the first amendment has are lost.’’ submicroscopic approach. been made applicable to the states via I think Professor Parker’s comments Pro. Cass M. Sunstein of the Univer- the 14th Amendment’s due process are pretty apropos here. sity of Chicago Law School, a vigorous clause [Fiske v. Kansas, 274 U.S. 380 Indeed, disrespectful physical treat- opponent of the amendment, conceded: (1927)]; commercial speech has been ment of the flag need not involve pro- There are reasons to think that as the given protection [Virginia State Board test. Just a short time ago, I saw a basic symbol of nationhood the flag is sui ge- of Pharmacy v. Virginia Citizens newsclip about a motorist at a gas sta- neris and legitimately stands alone. More- Consumer Council, 425 U.S. 748 (1976)]; tion using an American flag to wipe over, constitutional protection of the flag the public forum doctrine appeared in the car’s dipstick. A veteran called it would prohibit only one, relatively unusual 1939 [Hague v. CIO, 370 U.S. 496 (1939)]; to the police’s attention but, of course, form of protest. Multiple other forms would indeed, private shopping centers must the individual cannot be prosecuted remain available. make their property available for dis- today. He can keep using it as he has, The administration’s witness agreed semination of literature [Pruneyard or perhaps he will next use it to wash with these remarks, in response to my Shopping Center v. Robins, 447 U.S. 74 his car. written questions. Indeed, I think Pro- (1980)]; the overbreadth doctrine devel- Moreover, as a simple matter of law fessor Sunstein understated his first oped in 1940 [Thornhill v. Alabama, 310 and reality, the flag is not protected point—there is no doubt the flag stands U.S. 88 (1940)]; and the void for vague- from those who would burn, deface, alone as a national symbol. ness doctrine developed in 1972 trample, defile, or otherwise physically Even if, contrary to my view, one [Papachristou v. Jacksonville, 405 U.S. desecrate it. agreed that the Johnson and Eichman 156 (1972)]. Further, whether the 45-plus flags cases were correctly decided under Yet, to listen to some of the critics of which were publicly reported dese- prior precedents, one could still sup- this amendment, one would believe crated between 1990 and 1994, and those port this amendment—if one believes ratification of the flag protection which have occurred this year, rep- protection of the flag from physical amendment would herald a new Dark resent too small a problem does not desecration is an important enough Age. turn on the sheer number of these dese- value. NEED FOR THE AMENDMENT crations alone. When a flag desecration CONTENT-NEUTRAL AMENDMENT IS WRONG Let me also address the underlying is reported in local print, radio, and A few critics of the pending amend- need for the amendment. The Clinton television media, potentially millions, ment believe that a constitutional administration testified that, in light and if reported in the national media, amendment either must make illegal December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18043 all physical impairments of the integ- flag. Moreover, one can express views believable claim that the pending rity of the flag, such as by burning or at city hall, but if one does so ob- amendment could authorize a statute mutilating, or that no physical dese- scenely, one can be arrested. This is prohibiting the flying of the flag over a cration of the flag should be illegal. not content neutrality. Indeed, I think brothel. You do not believe me, Mr. This is the approach of my friend from it is fair to liken flag desecration to President? You’ll find that little gem Delaware, who will offer such an obscenity. on page 77 of the committee report. amendment. This all-or-nothing ap- Of course, any law enacted pursuant The things some of our colleagues proach to our fundamental governing to the pending amendment cannot bar worry about. document flies in the face of nearly a physical desecration of the flag by one It is a good thing my colleagues ex- century of legislative protection of the political party and permit it by the pressing these views were not Members flag. It is also wholly impractical. other, or ban its physical desecration of the first Congress. Mr. President, In order to be truly content neutral, by those in opposition to a government given their concern about flags over such an amendment must have no ex- policy, but not by those who support brothels, I can only imagine the angst ceptions, even for the respectful dis- the policy. As with other parts of the my colleagues would have expressed posal of a worn or soiled flag. Once Constitution, the amendment will be about the scope of the proposed fourth such an exception is allowed, the ve- interpreted in harmony with other pro- amendment’s protections against un- neer of content neutrality is stripped visions of the Constitution. Thus, a reasonable searches and seizures. I away. The Supreme Court in Johnson State cannot favor a flag desecrator wonder how the phrase due process of acknowledged this. A content-neutral who burns the flag protesting the Gov- law in the fifth amendment would have amendment would forbid an American ernment’s failure to topple Saddam fared. The point is this, as we explain combat veteran from taking an Amer- Hussein over the flag desecrator com- in the committee report: there is no ican flag flown in battle and having plaining about American participation cause to fear the terms of this amend- printed on it the name of his unit and in the gulf war in the first place. The ment. location of specific battles, in honor of first amendment’s prohibition on view- I urge my colleagues not to apply a his unit, the service his fellow soldiers, point discrimination will apply to stat- higher standard to an amendment pro- and the memory of the lost. utes enacted under the pending amend- tecting the flag than the Framers Then Assistant Attorney General for ment. themselves applied to the Bill of Legal Counsel William P. Barr testified RIDICULOUS, OVERBLOWN ARGUMENTS Rights. The words of this amendment before the Senate Judiciary Committee One more thing about this debate, are at least as precise, if not more so, August 1, 1989 and brought a certain Mr. President. I have rarely heard than many terms in the Bill of Rights. American flag with him. He said: more overblown, ridiculous arguments And keep in mind what my colleague made against a measure as I have Now let me give you an example Senator HEFLIN has repeatedly said: of . . . the kind of result that we get under heard regarding this amendment, This amendment does not prohibit any the [content-neutral approach]. This is the which simply restores a power to the conduct. There will be implementing people they had held for 200 years, and actual flag carried in San Juan Hill. It was legislation. And such legislation will exercised for about 100 years. carried by the lead unit, the 13th Regiment have to be sufficiently specific to with- U.S. Infantry, and they proudly emblazon There are colleagues of mine on the stand due process scrutiny. This their name right across the flag . . . 1,078 Judiciary Committee who actually Americans died following this flag up San make the absurd suggestion that this amendment just says that the States Juan Hill . . . Under [a content-neutral ap- amendment blurs the distinction be- and the Congress can determine that proach], you can’t have regiments put their tween a free country and a tyranny. people cannot desecrate our flag. name on the flag, that’s defacement . . . Tell that to the Gold Star Wives. Tell Let me just end this by saying that [Testimony, Assistant Attorney General Wil- that to the Veterans of Foreign Wars. some have wondered why we are put- liam P. Barr, August 1, 1989, at 68]. Forget about the fact that during the ting forth this enormous effort to We do wish to empower Congress and nearly 100 years that 48 States and enact this amendment to protect the the States to prohibit the contemp- Congress were adopting flag desecra- flag, a so-called mere symbol. The an- tuous or disrespectful physical treat- tion statutes, we seemed, somehow, to swer is simple. The nearly mystical ment of the flag. We do not wish to avoid the descent into tyranny. Iron- connection between the American peo- compel Congress and the States to pe- ically, freedom of speech actually ex- ple and Old Glory really is that strong. nalize respectful treatment of the flag. panded in this country as I said. These That bond between our constituents Such a so-called content-neutral colleagues actually make the ridicu- and the flag is the bond on which our amendment would place a straitjacket lous, nonsensical, thinly veiled sugges- entire effort rests, the bond from which on the American people and deny them tions that legal protection of the it draws its strength. That bond will the right to protect the flag in the American flag is somehow similar to keep this movement alive until a flag manner they have traditionally pro- the Chinese Communist dictatorship’s protection amendment is ratified, no tected it. execution of dissidents in 1989, and that mistake about it. We are fighting for A constitutional amendment which, legal protection of the flag somehow the very values that the vast majority in our fundamental law, would treat makes us more like a Communist dic- of the American people fear we are los- the placing of the name of a military tatorship. If you do not believe me, Mr. ing in this country. unit on a flag as the equivalent of plac- President, read their views in the com- This is an important amendment, as ing the words ‘‘Down with the fascist mittee report on page 74 and at foot- I think all constitutional amendments Federal Government’’ or racist re- note 11. Listening to some of these must and should be. It is an amend- marks on the flag is not what the popu- critics, one would think enactment of ment that has been simple on its face. lar movement for protecting the flag is the pending amendment would curtail This is an amendment that we believe all about. I respectfully submit that the ability of dissenters to be heard. at least 66 Senators ought to vote for. such an approach ignores distinctions One shudders to think about their In fact, I believe all 99 of us currently well understood by tens of millions of lackadaisical attitude toward repres- sitting in this body ought to vote for Americans. sion in America during all the years it. Moreover, never in the 204 years of before the Supreme Court, in 1989, Having said that, I am somewhat sur- the first amendment has the free saved America from its decline and fall prised that, needing only 34 votes to speech clause been construed as totally into totalitarianism. After all, not- defeat this amendment, there would be content neutral. For example, speech withstanding the solemn fears they ex- those on the other side who would fili- criticizing official conduct of a public press, I am unaware that those col- buster even the bringing up of this official may be legally penalized if it is leagues in the Senate lifted one finger amendment on the floor. In fact, I known to be false, or made in utter, to plug this gaping hole in our freedom would be surprised if they would fili- reckless disregard for the truth, and by trying to repeal the federal flag pro- buster the amendment itself once we damages the official’s reputation. And tection statute before 1989. defeat them on the motion to proceed. this is actual speech, not action or con- Some of my colleagues actually raise I cannot imagine why anybody, need- duct as in the case of desecrating the the utterly groundless, inherently un- ing only 34 votes to defeat this, would S 18044 CONGRESSIONAL RECORD — SENATE December 6, 1995 filibuster where you need 41 votes in that is, passing on the President’s START II is a vital successor to the order to stop the debate. nomination for these ambassadorial first START Treaty, which was nego- I really hope, with all my heart, that posts. tiated by President Ronald Reagan. my friends on the other side will real- I have this list here. It is a long list, Not only does START II reduce nuclear ize how important this is to the people which I referred to earlier. I think it is stockpiles in both Russia and the Unit- of this country and will withdraw their one that clearly deserves our atten- ed States to between 3,000 to 3,500 war- filibuster and their efforts to stop the tion. As I pointed out in my earlier heads each, it also eliminates multiple motion to proceed and will not fili- statement, it represents the people in independent reentry vehicles, MIRV’s. buster the amendment itself, and will the countries that these ambassadors Policymakers and military officials in allow it to go to a constitutional vote, will serve in, which represent about a both parties agree that START II is where all they have to get are 34 votes third of the world’s population. Why vital to U.S. strategic interests. to defeat it. We have to get 66 votes on should we in the Senate be able to, day Mr. President, I know we are in a a constitutional amendment, and that after day, week after week, look the very major discussion and debate, na- is as it should be. Constitutional other way and say it is not our respon- tionally, about whether the United amendments should be very difficult to sibility, it is not our problem? It is our States should be involved in the NATO enact. responsibility under the Constitution, activity in Bosnia. I think that is im- Our basic document is not a piece of Mr. President; it is our problem, and portant. I think it is a very important legislation that can be amended at we need to get about the business of military initiative, diplomatic initia- will. It requires a very long, arduous, dealing with it. tive that this administration is in- difficult process. I am hopeful that we Mr. President, I think it is interest- volved in. But I would say that at least will have 66 votes on this amendment, ing that this is coming up in this con- as important is following through and or more; but if we do not, everybody text. We are constantly hearing about ratifying START II and then seeing here is going to be put on notice right the respect that we all have for the that it is properly implemented. here and now that this will be brought Constitution. I do not doubt that re- When the history of this century is back until we do. spect. I think, clearly, anyone who de- written, Mr. President, our ability to Mr. President, I thank my colleague votes his life to public service is dem- move from the cold war down to a pe- for allowing me to make this lengthy onstrating a real commitment to this riod where there is less threat and to a but important statement on this issue. country. situation where less nuclear threat is We all swear to an oath of office I yield the floor back to him. going to be a determining factor in Mr. BINGAMAN addressed the Chair. when we are sworn in here in the Sen- whether or not we have carried out our ate, and it is an interesting oath, The PRESIDING OFFICER (Mr. stewardship properly, I think it is the which I would like to read for people, KYL). The Senator from New Mexico is height of folly for us to lose sight of just to refresh people’s memory. The recognized. that important need and constantly be question which the Presiding Officer Mr. BINGAMAN. Mr. President, I un- focusing on other matters here that are asks each of us is: derstand that the Senator from Ala- not time sensitive. bama, who is a cosponsor of the flag Do you solemnly swear that you will sup- As I said earlier in the discussion, port and defend the Constitution of the Unit- burning amendment, is somewhere ed States against all enemies, foreign and whether you believe that we ought to nearby and wants to give a statement domestic, that you will bear true faith and have a flag burning amendment or at some point here. Obviously, I will be allegiance to the same, that you take this whether you disagree about the flag glad to defer to him when he wants to obligation freely without any mental res- burning amendment, everyone has to make that statement. ervation or purpose of evasion ... concede that this is not an urgent mat- Let me just state again what I said Here is the important part, I think, ter. at the beginning of this discussion. for purposes of this discussion, Mr. We have been a nation now for 206 That is, my objection to proceeding President. years. We have never had a flag burn- with the amendment is not because I . . . and that you will well and faithfully ing amendment to the Constitution. think the Senate should not be able to discharge the duties of the office which you There is not an epidemic of flag burn- vote on this issue. I do not support the are about to enter, so help you God. ing going on in this country, Mr. Presi- amendment; I did not support it when Mr. President, well and faithfully dis- dent. it came up before. But I do not object charging the duties of the office of a I have scoured the newspapers to try to us going ahead and getting a vote. U.S. Senator today includes voting on to find examples of people out there But I do believe that before we move to the Ambassadors that the President burning flags. In our history there have amend the Constitution, as is proposed has nominated to serve in these coun- been some examples. Clearly, it is not here, we need to tend to the business of tries. Well and faithfully discharging something that is urgent and that carrying out our duties as they are set the duties of the office of a U.S. Sen- needs dealing with this week here in out in the Constitution. Those duties ator today means voting on the START the U.S. Senate. are pretty clear, and we in the Senate II treaty, which has been here lan- These other matters in my opinion have some very specific duties to carry guishing in the Senate now for many do have some urgency about them. I out. Article II, section 2 of the Con- months. So that is the point that I am will get into that in more detail later stitution says: trying to make. in the discussion. He shall have Power, by and with the Ad- Since the Senator from Alabama is Let me give some quotations about vice and Consent of the Senate, to make not here wishing to speak, let me go the START II treaty from various lead- Treaties, provided two-thirds of the Senators ahead and make a few other points ers in this country, former leaders, present concur . . . about, first of all, the START II treaty. present leaders. President George Bush So we have a responsibility to pass START II is the second Strategic Arms made the statement, ‘‘The START II on treaties. Reduction Treaty. It was signed by treaty is clearly in the interests of the . . . and he shall nominate, and by and President Bush on January 3, 1993, United States and represents a water- with the Advice and Consent of the Senate, shortly before he left office. It is a shed in our efforts to stabilize the nu- shall appoint Ambassadors, other public landmark agreement. It will reduce nu- clear balance further reduce strategic Ministers and Consuls, Judges of the Su- clear arsenals in both the United offensive arms.’’ preme Court, and all other Officers of the States and the former Soviet Union by Senator JESSE HELMS, chairman of United States . . . close to two-thirds. the Senate Foreign Affairs Committee So my position is, Mr. President, we This is not a minor item, Mr. Presi- said, on February 3 of this year, ‘‘I am ought to go about doing that which the dent. This is not some detail that we persuaded that the 3,000 to 3,500 nuclear Constitution requires of us before we have not gotten around to dealing weapons allowed Russia and the United proceed to amend the Constitution. Or with. This will reduce the nuclear arse- States in this START treaty does meet we should at least get agreement as to nals in both the United States and the reasonable standards of safety.’’ a date when we are going to do that former Soviet Union by close to two- The Heritage Foundation has a brief- which the Constitution requires of us; thirds. ing book they provide to new Members December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18045 of Congress. That briefing book for this cold war world. Along with its predecessor Mr. President, let me just be a little 104th Congress had in it a statement companion, START II represents a codifica- more precise about how we get the re- that said, ‘‘The START II treaty tion of the new nonconfrontational relation- ductions or what reductions are called ship between the United States and the Rus- should serve U.S. interests and should sian federation. In short, START II is an- for in START II. The START II treaty be approved for ratification.’’ That is other major step toward a 21st century char- will eliminate, according to this infor- the Heritage Foundation, one of the acterized by reduced threat and increased mation I have here—he cited a figure of more conservative think tanks here in stability. 5,000. This information is that it will our Nation’s Capital. That is an indication, Mr. President, eliminate around 4,000 strategic nu- Former Chairman of the Joint Chiefs that there is very strong bipartisan clear weapons from the arsenal of the of Staff, Colin Powell, said, ‘‘With a support for the ratification of this former Soviet Union. This includes the U.S. force structure of about 3,500 nu- treaty. If this was an issue that there centerpiece of the Russian arsenal clear weapons we have the capability was great division on I would probably which is the SS–18. Any interconti- to deter any actor in the other capital not be here today urging that we get a nental ballistic missile which carries no matter what he has at his disposal.’’ time certain to vote on START II. more than a single warhead will be That was in July 1992. Leaders on both sides of the aisle eliminated under the treaty. The fol- The present Chairman of the Joint have indicated the importance of mov- lowing is a list of delivery systems and Chiefs of Staff who is testifying at this ing ahead. I can see no justification for their payloads, which are expected to very moment in the Armed Services us continuing to deal with matters be destroyed under the treaty. Let me Committee, as the Presiding Officer that are less time sensitive such as the go through this list very briefly so peo- well knows, said on May 25 of this year, proposed constitutional amendment ple understand what we are discussing ‘‘I strongly urge prompt Senate advice while this matter and the confirmation here. and consent on the ratification of of these ambassadorial nominations The SS–18. I think those who have START II.’’ continues to be delayed. followed defense issues and our arms Senator RICHARD LUGAR on October Let me also put a few more things in competition with Russia over the last of 1992 said, ‘‘If new unfriendly regimes the RECORD or call then to the atten- several decades know the importance come to power, we want those regimes tion of my colleagues here, Mr. Presi- of the SS–18 as part of the threat that to be legally obligated to observe dent. We have a letter here from Jen- we face. This treaty would eliminate START limits.’’ nifer Weeks who is the Arms Control 188 launchers and 1,880 warheads of Senator JOHN MCCAIN, who serves and International Security Program that type. with us here and with great distinction Director of the Union of Concerned Sci- The SS–19. This treaty would elimi- on the Armed Services Committee, said entists. This is a letter dated Novem- nate 170 launchers and 1,020 warheads on January 2, 1993, ‘‘With the conclu- ber 9 of this year to Senators. of that type. sion of START II, the threat of nuclear I am sure that the Presiding Officer The SS–24, 46 launchers, 460 war- war has been greatly reduced and our and each Senator received a similar heads. relationship with the former Soviet letter. It says: SLBM’s, sea-launched ballistic mis- Union reestablished on a more secure I am writing to bring to your attention the siles. We would see 600 of those elimi- basis.’’ article by Russian ambassador Yuri K. nated. Nazarkin on the START II nuclear reduction Now, obviously, Senator MCCAIN was Submarine-launched ballistic mis- treaty which is printed on the reverse side of siles. As I understand it, the limit assuming we would ratify that treaty. this page. START II currently pending in the If we fail to do so I think he may want Senate Foreign Affairs Committee and the there is 1,750 submarine-launched bal- to rethink that statement. Russian Duma would reduce Russia’s de- listic missiles. The current Russian ar- The former Secretary of State, Law- ployed strategic nuclear arsenal by 5,000 war- senal is estimated at about 2,350. rence Eagleburger, made the following heads. It also would eliminate all of Russia’s So, it is time, in my view, that we statement on June 17 of 1993: 10 warhead SS–18 missiles, a longstanding proceed to ratify this treaty. It is time, No relationship is more important to the U.S. policy goal. certainly, that we at least get a chance long-term security of the United States than But as Nazarkin points out, if the to vote on it. Some of my colleagues our strategic relationship with Russia. De- Senate does not act promptly to ratify here, who are not on the floor at this spite the new spirit of cooperation between START II, there is little hope that moment, have spoken out recently in us, Russia remains the only nation on Earth Russia will approve the treaty. START favor of action on START II. Let me with the capability to devastate the United II was submitted to the Senate by just quote some of them, because I States. Any arms control agreement, even President Bush. It has strong biparti- have been quoting a great many others one as sweeping at START II, represents san support and the Union of Con- only one element of that relationship. While who are not here in the Senate. Let me arms control is only one element of our rela- cerned Scientists strongly support just quote some of those who are here tionship it remains an important one. START II and urges the Senate to and indicate my agreement with their START II, along with the initial START move swiftly to ratify this crucial trea- statements. treaty remains overwhelmingly in our inter- ty. Senator LUGAR, on October 31 of this est as we move into the post-cold war era. It I will not read the full text of that year, talked about both the Chemical offers enhanced stability, fosters trans- article, Mr. President, but let me just Weapons Convention and START II. parency and openness and sounds the death quote from Ambassador Nazarkin a Senator NUNN, on October 31, said, knell for the first-strike strategies of a by- couple of statements he made: gone era. ‘‘We must also make maximum use of START II represents a real opportunity to arms control agreements such as That is a quotation by former Sec- lower the nuclear danger that plagued our START II and the international trea- retary of State Lawrence Eagleburger. sense of security during the cold war. Once ties and conventions such as the Non- Finally, let me give a quotation by the agreement is ratified and enters into Proliferation Treaty, the Biological Lynton Brooks who was the chief nego- force American and Russian strategic nu- tiator of START II. He said on May 18, clear forces are to be reduced by about 70 Weapons Convention, and the Chemical 1993—and I point out that was shortly percent from their cold war peaks. It is cer- Weapons Convention.’’ Mr. President, I should clarify, for after the first hearing on START II by tain that further delay on the American side will be used in Russia as an argument to anybody who is interested, that I am the Senate Foreign Affairs Committee defer ratification. not here insisting that we get a time on this chronology. This is 1993 I am Now Ambassador Nazarkin headed certain to vote on the Chemical Weap- talking about, 21⁄2 years ago, Mr. Presi- the Soviet delegation to the conference ons Convention. I do believe it would dent. Lynton Brooks, our chief nego- on disarmament in 1987 through 1989 be advisable for us to move quickly to tiator of START II said: and the nuclear and space talks includ- consider that, but there are some ques- START II completes the work begun by ing START from 1989 to 1991 and par- tions that have been raised. I under- START I. Building on the 9-year effort that led to the first START treaty, START II ticipated in the preparation of START stand the chairman of the Foreign Re- drastically reduced strategic defensive arms II. He is the senior adviser to the Mos- lations Committee wishes to have addi- and restructures the remaining forces in a cow Center of the Carnegie Endowment tional hearings and explore those ques- stabilizing manner appropriate for the post- for International Peace. tions, and I certainly wish to defer to S 18046 CONGRESSIONAL RECORD — SENATE December 6, 1995 his judgment on that and do not, at DAVE NAGLE, Nearly three years ago, under President this time, believe it is essential that Chair, Freedom Sup- Bush, the United States signed a treaty ban- the Senate try to get to this issue. My port Coalition. ning chemical weapons, the most powerful comprehensive arms control agreement ever concern on START II is that the hear- LINDSAY MATTISON, Director, Inter- negotiated. It is making no progress toward ings have concluded. They concluded 7 national Center ratification by this country because the months ago and we still have not been Mr. President, one of the things we chairman of the Foreign Relations Commit- able to get the issue before the Senate tee does not like it. Although it was written always look at here in the Congress, for a vote. under American and Republican leadership, On October 31 of this year, Senator perhaps too much in my view, is to see there is now a real chance that it could go what the public reaction is. So we do into operation without American participa- SARBANES made the following state- tion. ment. He said, referring to the chair- have some indication of what the pub- man of the Foreign Relations Commit- lic thinks about the whole notion of They are talking about the Chemical tee: START II. Mr. President, 68.4 percent Weapons Convention in that case. of the public that was polled by a na- There is a New York Times editorial The chairman is refusing to take action on dated the 8th of November entitled a number of other very important matters tional security news service poll of before the committee, a number of very sig- over 1,000 Americans, which was con- ‘‘Jesse Helms’ Hostages.’’ nificant treaties. We have completed hear- ducted between April 21 and 25 of this It says: ings on the START II treaty. Agreement has year—68 percent thought that the U.S. Because of the obstinacy of Senator Helms been reached on all the substantive issues re- Senate should ratify START II, 20.1 of North Carolina, the United States does lated to that treaty. No business meeting percent opposed ratification, another not have an Ambassador in Beijing at this time. has been scheduled to consider it. 11 percent expressed no opinion. Senator FEINSTEIN spoke on the 1st of A similar question that was asked in That is an issue I want to address in November this last month and said: that same poll showed that 82.3 percent a few minutes. The START II treaty, signed by the Bush of Americans believe that the United * * * the United States does not have an Ambassador in Beijing at this time and rela- administration and not yet ratified by the States and Russia should agree to ne- tions with China have reached their most Congress, is the farthest reaching arms re- gotiate deep reductions in their nu- delicate and dangerous point in more than 20 duction treaty ever signed in the history of clear weapons. Only 11 percent opposed years. this Nation. I know of no significant opposi- doing so, while 6 percent expressed no tion to the ratification of the START II trea- I will at this point go ahead and talk ty. Nonetheless, the committee is unable to opinion on that subject. some about the importance of getting begin consideration of it. This is wrong. So this is not just a group of academ- these ambassadors appointed, Mr. There is a group that calls them- ics who think we should get on with President. selves the U.S. START II Committee. the business of reducing the nuclear ar- I had the good fortune to travel to They have sent a letter, dated Novem- senal in Russia as well as here. I would China, to Korea, and to Japan earlier ber 13, to all Senators. Let me just read say, the START II treaty is very well this year. I did so on a trip under the designed to bring about major reduc- auspices of the Armed Services Com- that letter into the RECORD in case some Senators have not had a chance tions on the Russian side. This is not a mittee, and I did so at a time when re- to see that. It says: unilateral disarmament kind of treaty. lations between the United States and There is nobody, Republican or Demo- China were clearly strained. Some of DEAR SENATOR: The United States Senate that strain remains in that relation- is about to adjourn without addressing the crat, that I have heard, who argues single most important issue of international that this treaty is unbalanced in that ship, but some of it, hopefully, has affairs. Worse, a lost opportunity now may regard. This is a treaty that is very been reduced. But one thing I was mean that the chance for nuclear arms con- much in our interest and very much in struck with on the trip to Beijing and trol could be postponed for a decade. the Soviet interest as well. to China was that this Nation, which The Senate needs to ratify START II. This Mr. President, let me also just refer is, of course, the most populous Nation is why what we believe to be a distinguished to some of the editorials that have in the world, has a very fast growing group of citizens, experts in arms control, been written on this subject around the economy, has a tremendous influence with both military and foreign policy experi- country in recent weeks. There is an over everything that happens in the ence, has joined together to urge Senate ac- Far East and, of course, much that tion yet this fall. editorial in the Friday, November 3, We all know the history of START II and edition of the Boston Globe. It is enti- happens in other parts of the world as what it does: the single most dramatic re- tled ‘‘Two Treaties Held Hostage.’’ I well. We have no Ambassador. When duction in the nuclear arsenals of both the will just read portions of that for Mem- you go to our Embassy there, the per- United States and the Russian Federation. bers. sonnel there do their best to accommo- Another significant step back from the his- During their Presidential terms, Ronald date your needs, to keep the doors tory of the relations between the two coun- Reagan and George Bush had the good sense open, and to keep business going as tries for the last forty-five years. to negotiate two arms control treaties cru- usual. But the simple fact is we have Equally important, potentially, the treaty cial to U.S. national security—the Strategic no spokesman there representing our serves as an example to other countries seek- Arms Reduction Treaty, START II, and the administration, our Government, our ing to acquire this nuclear capability that Chemical Weapons Convention. Bush and there is an alternative to ownership of weap- country, our President. That is a det- Boris Yeltsin signed the treaty on chemical ons of mass destruction: disarmament. riment to us. It has been a detriment Our conversations with Russian leaders weapons January 3, and Bush submitted it to to us for several months now. have made it plain that if we fail to ratify the Senate as one of his final acts of states- I think it is particularly unfortunate this year, there is a significant reduction in manship. It is sad to say that ratification of myself—this is just a personal view of the likelihood that Russia will act on this these two badly needed treaties is being sab- mine—that we are not going ahead and otaged by Republican Senators Jesse Helms treaty next year. Years of work that have voting on the ambassadorship for spanned both Republican and Democratic of North Carolina and Bob Dole of Kansas. Their deliberate thwarting of the ratifica- China, because one of our former col- Administrations, years of a genuinely bi-par- leagues was nominated by the Presi- tisan effort, will be lost. tion process is perverse, not merely because The last speech that then Prime Minister they are undoing the wise work of Repub- dent to serve in that capacity. He has Winston Churchill gave to the House of Com- lican Commanders in Chief but because their had hearings. I believe he has strong mons foresaw this day. The Prime Minister, motives seem to be petty and personal and bipartisan support for serving in that confronting a cold and hostile Soviet Union, political. position, as he should have because he with both worlds then confronting each That is a statement in the editorial, had a very distinguished career here in other with missiles and bombs, stated that Mr. President, which I do not nec- the Senate. But I can tell you that the ‘‘someday we will be allowed to emerge from essarily subscribe to. But I do think it issues that we tried to address there the terrible era in which we are required to gives the flavor for the editorial com- could much better be addressed if we reside.’’ We urge the Senate and you, individually, ment which is out there. had a Presidential appointee represent- to take up START II before adjournment and The Washington Post wrote on the ing us in our Embassy in Beijing. This ratify the treaty. 16th of November ‘‘Poison Gas and Sen. is too important a job and too impor- Sincerely, Helms’’ is the name of their editorial. tant a position for us to just leave va- U.S. Committee for START II It goes on with: cant month after month, week after December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18047 week, on the assumption that it does clearly do that. My only point is we dent, because I think that perhaps not really matter. It needs to matter need to have an opportunity to express highlights it as much as anything. to us. It matters very much, I believe, the will of the Senate and get on with I have a good friend who is a co- to the executive branch of our Govern- it. If these nominees are acceptable to owner of a company in my home State ment. I believe it matters a great deal a majority of Senators, we should ap- which produces wallets, leather wal- to the Government officials that might prove them. If these nominees are not lets, and they employ about 250 people be in Beijing. acceptable to a majority of Senators, in the southern and west mesa side of I urged them to return their Ambas- we should disapprove them and allow Albuquerque to make these wallets. sador. Relations in August when I was the administration to appoint an alter- These jobs are decent paying jobs. in Beijing were strained to such an ex- native to serve in these important posi- They are primarily jobs held by women tent that the Chinese Government had tions. and many of the employees, many of withdrawn their American Ambas- Let me talk a little about this trip to the employees of this company are sin- sador, asked their Ambassador to come Asia which I did take earlier this year gle women who are trying to raise fam- back to China for a period of time. My and which I felt was a very instructive ilies at the same time that they hold urging to the Foreign Minister and to and informative trip. We had three these jobs. other Chinese officials I spoke to was major themes that we were trying to I received a press clipping about 2 or that they return their Ambassador to learn about. One was regional security 3 weeks ago indicating that that plant Washington and that they signal to our issues. There has been great concern in Albuquerque employing those 250 Government as quickly as possible that raised about nuclear tests, about pos- people was about to close, that they they would like us to move ahead with sible missile technology exports from had announced they would close the the appointment and the confirmation China, about concerns about China’s plant and those 250 people, primarily of Jim Sasser as our Government’s rep- defense expenditures and weapons mod- women, who work in that plant—I have resentative and Ambassador in Beijing. ernization and potential threats to visited the plant several times—would I would say to their credit—I do not other countries in that region. be out of work, those jobs would be know; I am sure they had urgings from There were this summer live ammo gone. a great many other sources and a great military tests in the Taiwan Straits. So I called my friend and said, what many other individuals—but to their There have been some aggressive be- is the problem? Why are we having to credit, in response to whatever set of havior in the Spratly Islands in the close the plant in Albuquerque and put circumstances, they went ahead and South China Sea. 250 women out of work? The answer did exactly what I was urging them to Those were all the very real national was, we are no longer cost competitive, do and what I am sure others were urg- security issues, regional security issues or part of the answer at least was that ing them to do; that is, they returned that we wanted to explore, and we did we are no longer cost competitive with their Ambassador to Washington in have a chance to do that with several China. In China, they will do the work order to improve the lines of commu- governmental officials. much cheaper. There is no limitation We also wanted to explore trade be- nication, and they signaled to our ad- on their ability to import into this cause we have an enormous problem in ministration that they would like the country the finished products, and our trade relations with China. Anyone administration to go ahead and appoint from just looking at the bottom line who has not paid attention to our trade there are great incentives provided by Senator Sasser to this important posi- relations with China cannot be ade- the Chinese Government for us to lo- tion. quately informed about our trade situ- The administration, of course, fol- cate more and more manufacturing ation today in the world. lowed through quickly indicating that In 1994, the United States, according there, and those manufacturing jobs Senator Sasser was their nominee. The to our Government’s figures, had a there are displacing United States hearings were held. We now wait. We trade deficit with China of $29 billion. manufacturing jobs. now wait for some additional action The anticipated trade deficit for this That is an old story. That is a story presumably. year, 1995, is $36 billion, and the expec- that many people have told in one form According to the chart which I have tation is that in 1996, the trade deficit or another around this Senate ever here, Mr. President, the nomination could rise to as high as $50 billion. since I have been here over the last was sent to the Senate on the 25th of So what we see is that China is fast decade or so. September. The reason I think it is im- replacing Japan as the No. 1 trade We have to find some solutions to portant we raise this issue this morn- problem that the United States has. We that. Part of the solution to that is to ing is that the Congress is approaching had a $60 billion trade deficit last year get serious about our trade deficit with the end of its actions in the first ses- with Japan. Everyone recognizes that China. We need to recognize that this sion of the 104th Congress. When we do that is a serious problem. We have had deficit cannot be allowed to grow from adjourn that first session of the 104th various initiatives to try to deal with $29 to $36 to $50 billion year after year Congress, it will be clearly several it. Unfortunately, in the case of China, after year, indefinitely. At the rate of weeks before we begin again in the new we are just now beginning to awake to growth that is now involved, we are year to transact business here in the the fact that trade is a serious prob- clearly by the end of this decade going Senate. If we do not get this matter lem. So that was another issue we to have a bigger trade deficit with dealt with now, if we do not get a rati- wanted to look at and did get a chance China than we have with Japan. It is fication of not only Senator Sasser as to look at very seriously. not a trade deficit that will go away the nominee to serve in China, but if Technology development, that is an- quickly because they are manufactur- we do not get a ratification of each of other area where the policies of the ing, they are displacing manufacturing these, if we do not go ahead and ap- Chinese Government I think are ones that goes on today in this country. prove the nominations for each of these that we need to be aware of and con- They are manufacturing and selling important countries, it will clearly be cerned about. Clearly, their Govern- into this country. And we are not able next spring before any action will be ment policy is to target particular to sell into that country to near the taken by the Senate. technologies and develop those tech- extent we should. I think that is in derogation of our nologies, to trade market access for That is a problem that needs to be on duties, Mr. President. I think we have technology transfer. That is, if a Unit- the front burner of our U.S. Trade Rep- a duty by virtue of our position as Sen- ed States company wants access to the resentative’s office, on the front burner ators to go ahead and pass judgment on Chinese market, they are required to of the Department of Commerce. It is the nominees that the President sends give up technology, their rights to to some extent, but I believe very forward. If people want to vote no, I technology to get that access. strongly that it would be on the front have no problem with that. Everyone Obviously, electro property rights burner to an even greater extent if we gets elected to vote his or her con- are another major part of the tech- had an Ambassador in Beijing who science. If people want to come on the nology development issue. could make the point that this issue is Senate floor and vote against any of But let me just talk a little more important to us, who could represent these nominees, I think they should about the trade problem, Mr. Presi- our Government in meetings in that S 18048 CONGRESSIONAL RECORD — SENATE December 6, 1995 capital, and clearly we do ourselves a dorial nomination, again, was sent on ing Congress to act and decide this disservice by not going ahead and ap- June 28. issue through the ratification process. proving that nomination. Lebanon. Our country has a proud There are those who feel that the Mr. President, I have not visited the and longstanding relationship with first amendment rights ought to pre- other countries on this list. I believe it Lebanon. Many of the outstanding peo- vail, and they consider that this is a is fair to say I visited none of the other ple in my State, leaders in the business form of protest expression. If you look countries on this list. But there are community, leaders in all the impor- at the Constitution, the first amend- some very important trading partners tant communities in my State have ment talks about freedom of speech and very important allies that are also great pride in their Lebanese heritage. and freedom of the press. Both are represented. Let me just point out We should clearly have an ambassador forms of expression, and they make a some of those. to Lebanon. I have heard nobody sug- distinction between speech and press. In Malaysia, we have a nominee there gest that this was not the proper am- However, regardless of whether there whose nomination was sent to the Sen- bassador. is some distinction in regard to various ate on June 13. I know of no objection I could go on down the list. Many of forms of expression, I think we have to that has been raised to that nomina- these countries are in Africa. Again, I look to the history of staunch defend- tion. Here it is nearly December 13, and have not visited them, but I believe ers of civil liberties and of the first yet no action. We have not been given that it is important for us to have am- amendment rights. The two names that a chance to vote. If there is an objec- bassadors there. South Africa is a clear come to mind the most are Hugo Black tion, we should hear it; we should de- example. It is important enough that and Earl Warren. These Supreme Court bate it; and we should vote our con- our Vice President is there this week justices were very clear in their science one way or another. I have not on a trip. I have had the good fortune, writings that the first amendment did heard of any. as I know many Senators have, of hear- not apply to flag desecration. In fact, In Cambodia, we have a nominee ing Nelson Mandela speak to joint at a Judiciary Committee hearing on there which was sent to the Senate for meetings of the Congress. I believe I this issue, we had the Assistant Attor- consideration again on June 13. Again, have heard him now twice on trips that ney General for Legal Counsel, the I know of no reason why that nominee he has taken to this country. That re- Honorable Walter Dellinger, who is not an acceptable nominee. Every- lationship between the United States served as a professor of law at Duke thing I have heard would indicate to and South Africa is a very important University, testify against the amend- me that he is an acceptable nominee, relationship during these important ment. but we have not been given a chance to years as that nation moves out of and He recited, when I raised the issue vote. renounces apartheid, moves on to an about Justice Black and Chief Justice In the case of Thailand, again on open society. Clearly we need to have Warren, how fervently they felt that June 21, a nominee was sent to us for someone there representing U.S. inter- prohibiting did not violate the first the Ambassador to Thailand. I know of ests. amendment. Mr. Dellinger said at the no objection that has been raised to Mr. President, there are many other time that he was the law clerk for Jus- that nominee being appointed, but we issues that I could go into, and I am tice Hugo Black, ‘‘you know, law are not doing our duty and voting on glad to as the day proceeds, because I clerks always want to know what goes the issue. think these are important issues that on in conference.’’ So they, therefore, In the case of Indonesia, there I do we need to have before us. But at this will get their ears close to a keyhole want to just make a very short state- point I suggest the absence of a and listen in to hear sounds of voices ment about our nominee. The Presi- quorum. from within that sometimes quietly dent’s nominee is Stapleton Roy, who I The PRESIDING OFFICER (Mr. but effectively creep out. He said he am sure is well known to many Mem- ASHCROFT). The clerk will call the roll. would put his ear to the keyhole and bers of this Senate. He was formerly The assistant legislative clerk pro- listen to what was going on in con- the Ambassador representing our coun- ceeded to call the roll. ference to try and hear what the Jus- try in Beijing. He did a superb job. He Mr. HEFLIN. Mr. President, I ask tices were saying in their arguments. is eminently respected by everybody in unanimous consent that the order for He recited that there was no question diplomatic circles, and I think he is a the quorum call be rescinded. that Hugo Black and Earl Warren were superb appointment for that position. The PRESIDING OFFICER. Without fervent in their position, very strong in Again, his nomination was sent up on objection, it is so ordered. their position that first amendment June 28. No action. I have heard of no Mr. HEFLIN. Mr. President, today I rights were not being violated by the complaints about his appropriateness rise to show my support for this resolu- fact that you had statutes which pro- for the position. In fact, everything I tion that is designed to prohibit the tected the flag. have heard is praiseworthy. I had the desecration of the American flag. It is They wrote in Street versus New good fortune to meet with Stapleton clear that a constitutional amendment York, a case that was not directly in Roy before we took our trip to China. I is necessary to ensure the validity of point, and expressed themselves very say to colleagues, he was extremely any statute banning flag desecration. clearly in regard to this particular helpful in pointing out issues that we Forty-nine States have passed memori- issue. needed to explore with Chinese officials alizing resolutions calling on Congress Mr. Dellinger informed us at the because of his great knowledge of Unit- to take this action and forward this hearing that flag desecration brought ed States-China policy and his great issue for consideration to the States. these two eminent jurists together experience in that regard. Earlier this session, this resolution with the opinion that ‘‘the States and In the case of Pakistan, Pakistan is a was voted out of the Judiciary Com- the Federal Government do have the very important country in the world mittee by a bipartisan vote. I expect power to protect the flag from acts of today. We have a great many sensitive the same bipartisan support when the desecration and disgrace.’’ issues that we are dealing with. We whole Senate votes on this resolution. The American flag is the symbol that have votes here on the Senate floor. In The movement for this bill has been unites us and symbolizes everything the case when the defense bill was on unfairly attributed to political parties that we have fought for and died for the floor, I remember several votes using it for political gain. This is un- over the years. Honoring the flag is an about our policy toward Pakistan. I true. The impetus for this amendment integral part of American life. The think everyone recognizes the impor- comes from over 85 grassroots organi- Pledge of Allegiance that is given is a tance of having an ambassador rep- zations, such as the Citizens Flag Alli- pledge of allegiance to the flag. I think resenting this Government in Paki- ance and the American Legion. These this is very important to realize, be- stan. groups have worked unceasingly to re- cause the flag is the unifier that brings Oman. That is another very impor- turn to the protection of the flag by together our diverse, pluralistic views. tant ally of this country in the Persian means of a constitutional amendment. We sing the ‘‘Star Spangled Banner,’’ Gulf area. And clearly we need to have Their work has resulted in 49 State leg- and the ‘‘Star Spangled Banner’’ an ambassador there. That ambassa- islatures passing resolutions petition- speaks of the fact that it flies over December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18049 ‘‘the land of the free and the home of the protection of a constitutional to President Clinton try to make the the brave.’’ So I think our flag is a amendment, we reiterate our belief case that we should send American great unifier. Respect for the flag be- that we ourselves value the flag as a ground troops into Bosnia. I am per- gins at an early age, and is constantly symbol of what America stands for. fectly aware—and I say it with no criti- reinforced throughout our life. We sing Our society is increasingly plural- cism intended—that the President is a the national anthem at special events, istic, and being an American means very effective salesman. I have con- begin school days with the Pledge of many different things. As we highlight cluded that his failure to convince me, Allegiance, and stand at attention at our differences in this changing world, and his failure to convince the country, Veterans Day parades when our sol- we must remember what unites us. on the issue of sending ground troops diers proudly march through the Without unity, there would be no to Bosnia is not the result of his lack streets holding high the flag that they America. The flag is a great unifier of ability as a salesman. I think it has protect. that brings together Democrats and resulted from the fact that this posi- Few things stir more emotion and pa- Republicans, conservatives and lib- tion cannot credibly be sold. triotism for us as the Iwo Jima Memo- erals, and people from all walks of life I have always tried to use three tests rial which depicts the marines risking and different persuasions. The flag in deciding whether to send Americans their lives to raise our flag. I served in crosses religious belief, race, cultural into combat or into harm’s way. I have the Pacific in World War II, so it is heritage, geography, and age. To dis- applied those tests in the past and I hard for me to conceive that we have regard the power and the importance of have applied them to sending ground reached a point in our history where our flag is to take us down a path that troops to Bosnia: there is such casual disregard for the we would be wise not to follow. First, do we have a vital national in- flag that some citizens would desecrate I think we should support this con- terest? In the Persian Gulf, we had a it. stitutional amendment, and I feel that military dictator who was working to Opponents have raised several legiti- it is important that we do so. I believe build chemical and nuclear weapons, mate concerns over the amendment. that the vast majority of the American and who had invaded a neighboring One of these is whether the amendment people support the amendment. In fact, country. His military aggression would carve out an exception to the a 1995 Gallup Poll was taken, which threatened two vital allies of the Unit- first amendment. This amendment asked whether the American people ed States—Israel and Saudi Arabia. would simply overturn two erroneous thought that we should have the right And so, clearly, in the Persian Gulf we decisions of the Supreme Court which to determine by vote whether or not had a vital national interest. misconstrued the first amendment. In the flag should be protected from dese- I have been to the region that we are one of those cases, Justice John Paul cration. Eighty-one percent of the peo- discussing today. I have talked to our Stevens’ dissent summed up the sym- ple said ‘‘yes.’’ Asked whether they military at some length. Like virtually bol of the flag best in the case of Texas thought such an amendment would every other person in the country who versus Johnson decision, which was jeopardize their right to freedom of keeps up with what is happening in our handed down in l989 and unfortunately, speech, 76 percent answered that it country and around the world, I am allowed flag desecration. Justice Ste- would not jeopardize their freedom of aware of the terrible misery that has vens said: speech. plagued all of what used to be Yugo- It is a symbol of equal opportunity, of reli- So I feel that there is great support slavia, and especially the misery in gious tolerance, of good will for other people for this effort across the land, and I Bosnia. But I have concluded that we who share our aspirations. The symbol car- hope my colleagues will join us in do not have a vital national interest in ries its message to dissidents both at home adopting this constitutional amend- this region. and abroad who may have no interest at all ment, which will give great importance The second question that I tried to in our national unity or survival. to America and to the flag that unites ask is: Can our intervention be decisive By protecting this one unique na- us, because the flag that we pledge al- in promoting our vital interests? It is tional symbol, we have not reduced our legiance to is a pledge also to our Re- one thing to have a vital national in- freedom of speech. The first amend- public and to our belief in this great terest; it is another thing to be able to ment has been interpreted broadly by country of ours. be decisive in promoting that interest. the courts over the years, but it has I yield the floor. In the Persian Gulf war, we had the never been deemed absolute. It does Mr. GRAMM addressed the Chair. military capacity to promote our vital not protect ‘‘fighting words’’ or yelling The PRESIDING OFFICER. The Sen- national interest. ‘‘fire’’ in a crowded theater. Prior to ator from Texas is recognized. We also had a clearly defined objec- 1989, Americans’ right to express their f tive: drive Saddam Hussein out of Ku- views was not curtailed by the laws of wait. We were able to put together an 48 States, which prohibited flag dese- DISCUSSIONS ON THE BUDGET alliance and a plan that was as detailed cration. Other matters, such as obscen- AND BOSNIA about how we were going to end the ity, defamation, or other restrictions Mr. GRAMM. Mr. President, I see war and get out of the Middle East, as on freedom of speech, such as the de- that we have no other colleagues on it was about how we were going to in- struction of a draft card, have been the floor ready to speak on this sub- tervene. held by courts not to come within the ject, so I would like to speak both I concluded in the Persian Gulf that purview of the first amendment. about Bosnia and about the budget ne- we did have the capacity through our Another concern which has been gotiations that are going on here in the intervention to promote our vital in- raised is that there is no need for an Capitol. I would like to talk about both terests. Certainly history has proven amendment. The number of times the because I think they are very impor- that to have been the case. desecration of the flag is documented tant. I do not believe, however, that we is not the point. The law should not Mr. President, I am opposed to send- have this capacity in Bosnia. I am very turn simply on the number of cases; it ing American troops to Bosnia. I have concerned about putting young Ameri- should turn on what effect there is on not reached this conclusion quickly; I cans into the line of fire as a buffer the flag as a symbol of the unity and listened to President Bush and the force between two warring factions freedom of our country each time it is Bush administration debate this issue which have broken every cease-fire and desecrated. This flag is devalued when at some length and followed that de- have violated almost every treaty over there exists no legal means to protect bate pretty closely. They reached the the past 500 years. the flag from those who would dese- conclusion that sending ground troops Now we have proposals, both from crate it in order to express their views. to Bosnia was a mistake. My consist- the administration and from the lead- I believe this amendment will not ent position during that debate was ership of the Senate, which say that deter flag desecration in all cases. In that I also opposed sending ground we should not only serve as a buffer some cases, it may even spur a handful troops to Bosnia. force between those warring factions, of people to burn flags in order to test I have now had 3 years, counting the but remarkably, in my humble opin- its purpose. But by allowing the flag Presidential campaign in 1992, to listen ion, that at the same time we S 18050 CONGRESSIONAL RECORD — SENATE December 6, 1995 should be engaged in overtly arming together that, quite frankly, is full of have tremendous economic con- and training one of the belligerents in escape clauses and ejection seats so sequences. If I were still serving in my this conflict. that politicians can be on both sides of role as a professor of economics at I have to say, Mr. President, I re- the issue. Texas A&M instead of serving in the spectfully disagree with that policy. I I want a clear-cut vote where we can role, as I often feel, of trying to teach supported lifting the arms embargo vote ‘‘yes’’ we support the President’s economics here in Washington, DC— against Bosnia. I thought it might policy to send troops to Bosnia; or students at Texas A&M were a little make sense under some circumstances ‘‘no,’’ we do not. I intend to see that we more attentive—I would use the plot- for Americans to provide training—not get such a clear-cut, up or down vote. ting of interest rates in America as a in Bosnia—but maybe somewhere else. I am working with roughly a dozen of perfect example of how elections have It might make sense to train some of our colleagues who want to have that profound economic consequences, be- their senior officials in the United vote. I think it is very important that cause I know that the people who have States, which is the sort of thing we we say where we stand. I know there looked at the data are as astounded as have done in the past. will be those who will try to combine I am at the results we would see. I believe there is a conflict between the issue of supporting the troops with Interest rates were rising steadily the role of arming the Bosnians and supporting the President. Quite frank- until the day of the 1994 elections. serving as a neutral buffer force. I ly, I do not buy into that logic and I do When we had the most decisive elec- think that many even in our own Sen- not think it serves our political system tion since 1934, interest rates suddenly ate, and certainly some in the adminis- well to try to combine the two. There started to decline. They have declined tration, have not reconciled how we is not a Member of the Senate, nor has ever since, and as a result, the average could serve those two functions at the there ever been a Member, who would annual mortgage payment on a 30-year same time. It is not possible to be a not support the troops. mortgage in America has been reduced neutral buffer force and, at the same It is because I support the troops, be- by about $1,200. That is a dramatic time, be involved in the training and cause I am concerned about their well- change. arming one side. being, that I am opposed to sending Now, it seems to me that the logic of I know, from having discussed this troops to Bosnia. I have no doubt that this change is based on the rational ex- with some of our colleagues, there is a the Americans who serve in the Armed pectation that the 1994 election, which belief that we, in essence, took sides Forces of the United States will go brought a Republican majority in both when we bombed the Serbs. If that is where their Commander in Chief sends Houses of Congress, was going to so, then this should disqualify us from them. They will serve proudly. They produce a dramatic change in the serving in this intervention/peacekeep- will do their job well. That is not the spending patterns of our Government. ing role. I think it was a different situ- issue here. As we all know, Republicans had prom- ation. The Serbs had been issued an Their performance is not in doubt; it ised in the election that they would in- order by the United Nations to stop the is our performance that is in doubt. stitute such a change, that we would shelling and to withdraw their heavy Their ability to do their job is not balance the budget, that we would let weapons. They refused to do it. being questioned. It is our ability in working people keep more of what they NATO was asked to be the military the Senate to do our job that is being earn, and that we would make some arm of the U.N. forces in that case, a questioned. very modest changes to try to promote terrible command structure—one I I think it is important that there be economic growth. would never support under any cir- no ifs, ands or buts about it, that we Now we are on the verge of going into cumstance in the future and have not ought to have a clear-cut vote as to the new year without any of those supported in the past. who supports the President’s policy in changes having occurred. We have The point is, in no way do I see how Bosnia, and who does not. I, for one, do passed a budget, but the President is our intervention, in a period of time of not. going to veto it. That means we have roughly 1 year as set by the President, Let me add one other thing. This to start the whole process over. I sim- how this is going to change anything in whole issue has nothing to do with pol- ply want to raise a warning and a red Bosnia. There is no reason to believe itics. It has nothing to do with Bill flag that if we do not stand our ground that our intervention is going to be de- Clinton. It has nothing to do with our on the 15th of December, if we simply cisive. distinguished majority leader, Senator give President Clinton another credit Finally, let me say that in represent- DOLE, who supports the President on card without forcing him to sit down ing a big State with many people serv- this issue. It has everything to do with with us—the way families sit down at ing in the military, it has been my re- my obligation to 18 million Texans who their kitchen table with a pencil and sponsibility, after both Somalia and elected me. piece of paper and write out a budget the Persian Gulf, to console parents I was against sending troops into that everybody agrees they are going and spouses of young Texans who have Bosnia when George Bush was Presi- to stick with—if we simply give Presi- given their lives in the service of our dent. I am against sending troops into dent Clinton another credit card 10 country. Bosnia now that Bill Clinton is Presi- days before Christmas and do not exact In talking to families, it has struck dent, and I am going to be against for that, some change that begins to me that at least in my case there sending troops into Bosnia when some- implement a balanced budget, I am ought to be one more test. That test one else occupies the White House. concerned that after the first of the ought to be this: I have two college age This is an issue that I think is vitally year the markets that had changed sons; if one of my sons was in the 82d important and goes to the very heart of their investment patterns on the belief Airborne Division, would I be willing to what the role of Congress is. I believe that we would see a dramatic change in send him into battle? It seems to me that here we should say ‘‘no.’’ the fiscal policy of the country are no that if I cannot answer this question f doubt going to reevaluate their posi- with a yes—no ifs ands or buts about it; tion and interest rates are going to and in the Persian Gulf I could answer BUDGET NEGOTIATIONS start going up. it yes, no ifs ands or buts about it—if I Mr. GRAMM. Let me, Mr. President, I believe that if we do not do some- cannot answer this question with a yes, talk about the budget negotiations. I thing about this deficit before the first then I cannot feel comfortable sending am concerned that if we let this budget of the year, then we risk a rise in inter- someone else’s son or sending someone impasse go past the first of the year, est rates. I know it is very tempting to else’s daughter. that the financial markets in America say, 10 days before Christmas, we do So I am opposed to sending American are going to begin to react to the fact not want a confrontation with the troops into Bosnia. I intend to vote that no deficit reduction has occurred. President. It is also fair to say that, 10 against the President’s resolution ask- I want to remind my colleagues that days before Christmas, the President ing Congress to join him in endorsing the election which occurred in 1994 is does not want a confrontation with us this policy. I am concerned we are in one of the clearest examples that I either. I do not think this is the time the process of seeing a resolution put have ever seen of how elections can to fold up our tent and go home. I December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18051 think this is the time to stand our the President join us in a budget which cit, and there was not a single vote on ground, demand that the President meets the spending levels we set out in the other side of the aisle either in the sign on to a budget in order to get this the original seven year balanced budg- Senate or in the House of Representa- new credit card, and I am committed to et resolution. tives. But that other side of the aisle, the principle that we do just that. I see we have another colleague who having done nothing but cause deficits, I think we have written a budget is here to speak. So, to accommodate comes now with this pollster-driven which fulfills what we promised we him, I yield the floor. message that is developed by a retinue would do; I intend to stand with that The PRESIDING OFFICER. The Sen- of Senators coming to the floor, and budget. My proposal, which I have ator from Minnesota is recognized. now I have to listen to some kind of made on several occasions in the past Mr. GRAMS. I thank the Chair. lockbox nonsense. is this: we have set out what we can (The remarks of Mr. GRAMS pertain- Who caused the deficit? I know one spend over the next 7 years and still ing to the introduction of S. 1452 are who balanced the budget: Lyndon balance the Federal budget; we should located in today’s RECORD under Baines Johnson. President Johnson in ask President Clinton to sit down with ‘‘Statements on Introduced Bills and 1968 and 1969 was very sensitive about us and to try to reach agreement as to Joint Resolutions.’’) the charge of guns and butter and not how that money is spent. I do not be- Mr. GRAMS. Thank you, Mr. Presi- paying for the war in Vietnam and his lieve we ought to go back and rewrite dent. I yield the floor. Great Society. So he had a 10-percent our budget and let the President spend I suggest the absence of a quorum. surcharge on taxes, and he came with tens of billions of dollars we do not The PRESIDING OFFICER (Mr. spending cuts. At that particular time, have on programs that we cannot af- COATS). The clerk will call the roll. the entire budget was $178 billion—$178 ford. The bill clerk proceeded to call the billion for Medicare, for defense, for I think the best Christmas present roll. Medicaid, for welfare. All the things we could give America is a balanced Mr. HOLLINGS. Mr. President, I ask that everyone is talking about cutting, budget. Maybe my perspective is dif- unanimous consent that the order for President Johnson paid for and ended ferent because I am spending more the quorum call be rescinded. up with a $3.2 billion surplus. time outside Washington than many of The PRESIDING OFFICER. Without Now, where did the deficit start? our colleagues, and I am in a mode objection, it is so ordered. Presidents Nixon, Ford, and Carter all worked at cutting spending. But it was where you tend to listen a little more f intently than you might otherwise. I President Ronald Reagan who came to believe that the American people are ORDER OF PROCEDURE town with a promise of balancing the not so concerned about the Govern- Mr. HOLLINGS. Mr. President, I ask budget in 1 year. The others had not ment being disrupted as they are about unanimous consent that I be allowed to made that promise. They had worked the fact that a baby born in 1995, if the continue as if in morning business for on it. But the actual promise in the current trend in spending continues, is 10 minutes. campaign—and I can show you the doc- going to pay $187,000 in taxes, just to Mr. DORGAN. Mr. President, reserv- ument—was, ‘‘We are going to balance pay his or her share of the interest on ing the right to object—I will not ob- the budget in 1 year.’’ the public debt. This is not just eco- ject—I wonder if the Senator will add President Reagan, on coming to nomic suicide, it is immoral, and I to his request that I be allowed to town, said, ‘‘Heavens, I didn’t realize think we need to do something about speak for 10 minutes as if in morning the fiscal dilemma we are in. It’s going it. I submit, that if we cannot do it business. to take longer than 1 year.’’ And he now, how are we going to do it next Mr. HOLLINGS. I amend the request submitted and we passed in 1981 a budg- et to be balanced in 3 years. In 1985, year when we have to turn right accordingly. with Gramm-Rudman-Hollings, we around and write another budget? The PRESIDING OFFICER. Without promised a balance by 1990. And in 1990, I simply raise these alarms because I objection, it is so ordered. this Congress here, before President believe we need to stand firm on our Mr. HOLLINGS. I thank the distin- Clinton came to town, promised not commitments to the American people. guished Chair. only a balanced budget by 1995 but a After all, we did not say we were going f to balance the budget only if it was surplus of $20.5 billion. Now, that goes to all of this postur- easy. We did not say we were going to THE BUDGET ing about the historic effort that we balance the budget only if Bill Clinton Mr. HOLLINGS. Mr. President, I was are making in closing down the Gov- went along. We said we were going to getting a bite of lunch and noting on ernment and the partisan attack that TV the continued hypocrisy. There is balance the Federal budget. So I think we are the only ones for a balanced no better word for it. Some in the Sen- the time has come—in fact, in my opin- budget and the other crowd is not. The ate continue to come and blame Presi- ion, it is long past—to say to the Presi- fact is that for 200 years of history and dent Clinton for the deficit. They con- dent, if you do not sign on to a budget, 38 Presidents, Republican and Demo- tinue to say he does not want to do then we are not going to give you an- crat, up until 1981 we had yet to come anything about the deficit, which is to- other credit card. It seems to me, the to a national debt of $1 trillion. It was tally out of the whole cloth. It is good last time we went through this exercise less than $1 trillion. Now the deficit pollster politics to try to paint that the President got the credit card and has grown over the 15 years of spending we got this vague language about how image. over $250 billion and the debt to almost he was going to support balancing the But the fact of the matter is, where I $5 trillion. budget in 7 years under all these cir- could be blamed for the deficit because The deficit for this year is considered cumstances and all these conditions. I have been up here for years and oth- by the Congressional Budget Office to The President was doing a lot of nod- ers could be, President Clinton was be $311 billion. Spending goes up, up, ding and winking and good gestures down in Arkansas balancing the budg- and away, and as we look at defense, during the negotiations, but once he ets for 10 years. He came to this town that has come from $300 billion down to got the credit card he said we have ei- with a plan in 1993, and it was trau- $243, similar domestic discretionary ther agreed on everything or we have matic. It said we are going to cut spending and others. But the one that agreed on nothing, and since we have spending and get rid of Federal em- has really taken off, is interest cost on not agreed on everything, we have, ployees. We are going to cut the deficit the national debt—$348 billion, or $1 therefore, agreed on nothing. $500 billion. We are going to tax. We billion a day. We have spending on I think we need to stop debating heard that word. We are going to in- automatic pilot. statements of policy. I think if we are crease taxes on beer and liquor and This land has fiscal cancer, and no- going to give Bill Clinton another cred- cigarettes and gasoline, and, yes, Mr. body wants to talk about it. it card, we need to have written into President, we are going to increase There was an old limerick, my chil- law limits on how much he can spend. taxes on Social Security—one of the dren, on Saturday morning, on the Finally, we need to require that, in re- really sacrosanct, holy of holies. He in- ‘‘Big John and Sparky’’ program on the turn for getting another credit card, sisted on that attempt to cut the defi- radio: S 18052 CONGRESSIONAL RECORD — SENATE December 6, 1995 All the way through life, make this your These programs save money, as well with the walker pulling the carriage goal: Keep your eye on the donut and not the as lives, but they would not even com- here. And he says, ‘‘Giddyup ol’ gal.’’ hole. promise. Every time they talk, they That is a cartoonists’ message of pok- Mr. President, we are looking right say, ‘‘Here’s our budget. Where is ing fun. Behind that cartoon is a mes- at the hole with tax cuts and avoiding yours?’’ sage. and evading the donut, which are tax The PRESIDING OFFICER. The Those who say that the tax cuts, half increases, because we know—and I am Chair would inform the Senator that of which goes to those whose incomes saying we in the budget process who his 10 minutes under the unanimous- are over $100,000 or more, will have no have been working in this discipline— consent request have expired. impact or no relationship to Medicare, and they know it on the other side of Mr. HOLLINGS. Mr. President, could that is hardly believable. That is not to the aisle, too. I can quote Senator DO- I have 2 more minutes? Is there objec- me or to cartoonists or to people MENICI, who, all the way back in 1985— tion? around the country. There is a rela- the present chairman of the Budget The PRESIDING OFFICER. Is there tionship. Committee—said you cannot balance objection? Without objection, it is so The discussion about all this is not without an increase in taxes. ordered. The Senator is recognized for 2 to balance the budget; we ought to. We tried budget freezes with then- additional minutes. The question is, how do you do two majority leader Howard Baker of Ten- Mr. HOLLINGS. I do appreciate the things, balance the budget and still re- nessee, the Republican leader. We Chair and the indulgence of my col- tain the priorities that are necessary worked in tandem; in those days you leagues. I simply will end by saying for this country? could work together. We tried not only that we can easily get together on the I have said before—and I want to the freezes but the spending cuts across 65 percent, $700 billion in savings right state again today—I give the Repub- the board, with Gramm-Rudman-Hol- now. This Senator believes we need lican Party credit, the Republicans in lings. And then, in 1986, we got on our taxes. Others say, no, you need more the Congress credit, because I believe Finance Committee friends—and I see spending cuts. I know if you could do it they sincerely want to balance this the distinguished chairman is present— in spending cuts, we would have long budget. I think their initiative to push and we said, look, we might be spend- since done it. to do that makes sense, and I com- ing in appropriations, but you folks The entire domestic discretionary pliment them for that. I think there with loopholes are spending way more spending is $273 billion. That is for the are a lot of us who also want to balance than the Government. President, the Congress, the courts, the the budget but want to do it with a dif- And so, with the distinguished Fi- departments, welfare, foreign aid. Just ferent sense of priorities. nance Committee and its chair, Lloyd get rid of it all. But you are spending I hope they will accord us the same Bentsen of Texas, we had tax reform in $348 billion automatically for nothing respect and say, ‘‘Yes, that makes 1986, and we supposedly closed the loop- in interest costs on the debt. sense.’’ And, ‘‘We understand your pri- holes. And at that time, we had freezes, You can do away entirely with Medi- orities.’’ And, ‘‘Let’s try to find a com- cuts, and the loophole closings. Then in care. That is only $200 billion. Do away promise.’’ I hope that is the way we 1987, a studied group within the Budget entirely with the entire Defense and will be able to solve this problem, to do Committee, charged with the respon- Pentagon budget of $243 billion. You two things, balance the Federal budget sibility of balancing the budget, agreed have still got a deficit. You cannot do and at the same time reach the kind of that it could not be done merely with it. compromise on priorities that protects cuts and freezes and loophole closings; So you have to get together, men and certain things that many of us think that we needed taxes. women of good will, and work together are important. In an informal vote on the Budget to freeze, cut, close loopholes, and get I happen to think that we ought to Committee, eight of us and two of our some kind of a revenue measure to get have separated this job. First, balance Republican colleagues, Senator Dan- on top of this fiscal cancer. It is grow- the budget, and then, second, when the forth of Missouri, Senator Boschwitz of ing faster than we can stop it. I look budget is balanced and the job is done, Minnesota—he did not come up here upon it as taxes because it cannot be then turn to the issue of the Tax Code. with a lockbox gimmick. He came with avoided. The truth of the matter is But that was not the case. The case a solemn vote for a 5-percent value- that we have to increase taxes to stop was that you had to do a tax cut within added tax allocated to eliminating the increasing taxes. Spending is on auto- the context of this reconciliation bill. tax and the debt. matic pilot, and nobody wants to admit The problem is that the priorities, in That was 8 years ago. Eight years it, and no plan here comes near excis- my judgment, are priorities that are ago, we were trying. But they do not ing this cancer. not square with what the country’s try now. They come with all the poll- I thank the distinguished Chair. needs are. ster nonsense, running around here, Mr. DORGAN addressed the Chair. A previous speaker talked about getting on top of the message. That is The PRESIDING OFFICER. Under being a Senate pork buster. I guess I why we are in session. the previous agreement, the Senator was unaware that we have a caucus I can tell you, if people of common from North Dakota is recognized for 10 called pork busters, a rather inelegant sense would look at the 65 percent of minutes as in morning business. name, but I understand what it means. what has been agreed upon in both f A pork buster, I think, would be to budgets, which would constitute about look at where is the pork, where is the another $600 billion in spending cuts, THE RECONCILIATION BILL spending that ought not be spent? I which this Senator could support, we Mr. DORGAN. Mr. President, I no- would encourage those who are part of could agree on cuts in Medicare—not ticed some earlier discussion on the the pork busters caucus to take a look no $270 billion. That is out of the whole Senate floor that prompted me to come at the defense bill, because I have cloth. We could pare back some on and discuss the pending veto of the rec- talked before about the issue of prior- Medicaid and the other particular pro- onciliation bill by President Clinton. ities in the context of balancing the grams. The President was asking just Some wonder, because they extol the budget, especially as it relates to the this time last week, on Thursday, he virtue of that reconciliation bill, why defense bill. said, you have given me $7 billion; you on Earth would the President veto it? I have a list here of additions to the force-fed me $7 billion, never even It occurred to me that often cartoon- defense bill that no one from the De- asked for by the Pentagon or by the ad- ists are able to capture the equivalent fense Department asked for, no one ministration, but you just heaped it of 1,000 words in one little picture. This wanted, no one said we needed, no one on. Now, just give me $1.5 billion so I cartoon out of the Times Union, I requested. This is extra money stuck can take care of technology and chil- think, describes pretty well why the into the defense bill by people in the dren’s nutrition and health care, envi- President feels he must veto this legis- Senate who said, ‘‘By the way, Defense ronment, education, so we do not have lation. You look at the cartoon. He has Department, you don’t want enough to wreck the Government, we can pay the Republican tax cut in the carriage, trucks. You didn’t order enough for the Government. and the elderly woman on Medicare trucks. We insist you buy more December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18053 trucks.’’ So the Congress says, ‘‘We’re stretches a very low income to eat and balanced budget provisions were essen- going to order more trucks for you. It pay for more medicine and pay for tially written without any assistance is true you did not ask for them, but rent. We say to that person, ‘‘Well, we from our side of the aisle. There was you need to be driving more trucks. just dropped off a $7 million tax cut not a budget meeting. The Senate Fi- You did not ask for more B–2 bombers. downtown to the CEO of a big com- nance Committee met drafting this We’re going to order up some B–2 pany, but our message for you is not with the majority party, which is fine, bombers for you. You didn’t ask for quite so good. We’re going to tell you but it does not make for a process in amphibious ships.’’ And the major de- that you are going to have to pay a lit- which you get the best of what both bate is which of the ships shall we buy? tle more for your health care and prob- parties have to offer. That is what I There is a $900 million one or a $1.2 bil- ably get a little less health care to think the end stage of this process lion one, so the Congress says, ‘‘You boot. You are going to pay more and ought to be. didn’t order either of them, so we insist get less. You have to tighten your belt So, I echo many of the things said by you buy both of them. That’s our prior- more. You understand the message. the Senator from South Carolina. I be- ity. You didn’t order enough F–15’s. You have to tighten your belt. Yes, you lieve the goal is very worthwhile. We We’re going to order some for you. You are in your late seventies; I know you ought to do it, we ought to do it the didn’t order enough F–16’s. We’re going cannot compensate by getting a second right way, the real way, and when we to order some of those for you. You job or first job, but you have to tighten get it done working cooperatively with didn’t order enough Warrior heli- your belt.’’ both sides of the aisle, I think the copters, Longbow helicopters, Black See the different messages? One to American people would have reason to Hawk helicopters. We insist you get the biggest office in town saying, ‘‘You rejoice that we put this country on some of those as well.’’ get a big tax cut.’’ The other to the sound footing. This is from people who say they are person struggling out there barely Mr. President, I yield the floor. conservatives. Probably some of the making it saying, ‘‘By the way, we’re The PRESIDING OFFICER. The ma- pork busters are some of these people, going to add to your burden.’’ That pri- jority leader is recognized. ority does not make any sense. I do not know. But if they are looking f for pork to bust, boy, I tell you this is There is another little piece in here— a slaughterhouse that will keep them I hope the chairman of the Senate Fi- FLAG DESECRATION CONSTITU- nance Committee will come and we can busy for a year. I can give you chapter TIONAL AMENDMENT—MOTION have a discussion about this someday— and verse on planes, ships, submarines, TO PROCEED a little piece in this tax cut bill, by the tanks, helicopters that were ordered Mr. DOLE. Mr. President, I hope we way, on the issue of deferral. It says, that the Secretary of Defense said he might be able to move ahead here. I un- we are going to make it more generous did not want. derstood maybe by 1 o’clock we would So, you know, I say, look, if this is a for you than under current law. If you be able to proceed to the constitutional question of priorities—and I think it move your plant overseas and close amendment on flag desecration. I do is—how do you balance the budget? your plant here we are going to make not know what the problem is. I hope I What are the priorities? How do you it more generous. We are going to in- am not part of it. I have been trying strengthen our priorities and reach crease the little tax loophole that says every day to get ambassadors con- from zero? There was $7 billion added to companies, ‘‘Leave America, put firmed, particularly our friend Senator to the defense bill this year, $7 billion your jobs elsewhere, close your plant Sasser. I am still working on it. that the Secretary of Defense said he here.’’ But I must say, this does not encour- Boy, you talk about an insidious tax did not want. I have said before and I age me very much to waste the whole perversion that says we will give you a am going to state again, because I morning and part of the afternoon, at a tax break if you only leave our coun- time when we are trying not only to do think it is descriptive of the priority try. That is in this bill. It is not a big this but cooperate with the President problem, a little program called star thing; it is a tiny, little thing. I bet on an item or two. schools is cut 40 percent and a big pro- there are not two or three Senators I hope the Senator from New Mexico gram called star wars is increased in know it is there or why it is there or will let us proceed. I can only say to funding by 100 percent. It is, I think, who it is going to benefit. But that is him, it is my intention before we leave the script of the fundamental problem the kind of thing that represents a fun- here this year to have the Executive of priorities. damentally wrongheaded priority. And The priorities are wrong. That is why Calendar cleared, START II completed, it is what the Senator from South the President is going to veto that Carolina talked about. and I do not know what else may have today. The priorities in terms of what There is not any question, you will been mentioned here this morning. the bill, the reconciliation bill, says to not get a debate in this Congress about I also understand that they are very the public, are these: In the same town, whether you should balance the budg- near an agreement that would permit going to two different addresses with et. We ought to do it. The question is us to do all this in 4 hours. It seems to two different messages. The first letter how, how do you balance the budget me that is worth pursuing. That is to describe how this balanced budget and at the same time have a fair sense what I have been doing on a daily plan affects you, we will go to the top of priorities about what strengthens basis, and as recently as yesterday, I floor of the best office building in our country and what is important in spoke to the Democratic leader about town. And on the 18th floor they will our country. it. knock on the CEO’s door of a major I am one of those who will negotiate, So I hope the Senator from New Mex- corporation and say, ‘‘Well, we just a team of people sitting around a table, ico, with those assurances, will let us passed this bill, this budget balancing Republicans and Democrats on a nego- proceed to Senate Joint Resolution 31, bill, and here is how it affects you. tiating team. I very much want this to so we might complete action on it to- Your company gets some relief from succeed, very much want it to work. I morrow and that we might complete what is called the ‘alternative mini- believe the end stage of the President action also tomorrow on the partial- mum tax,’ so you get $7 million in tax and the Democrats and the Repub- birth abortion bill and also perhaps a cuts because of a little provision called licans in Congress can agree on a goal conference report on State, Justice, the AMT in this bill. So we want you to of balancing the budget and agree on a Commerce. And that might be all we smile here on the 18th floor with this goal of preserving priorities that make can accomplish this week. But I hope big desk and big office, with a $7 mil- sense for this country in health care, we can proceed. lion tax cut we give you.’’ education, the environment, agri- I do not disagree with the Senator at And then you get back in the taxi culture and a couple of other areas, all. My view is every one of these nomi- and go to the other side of town to a that we can get this job done. The nees have families. I have made this little one-room apartment occupied by American people expect us to get it plea on the floor many times, regard- a low-income person in their late 70’s done, and we should. less of who was holding up ambassador- with heart trouble and trying to strug- But we have a circumstance where ships. I think in this case it has been gle along and figure out how she the budget reconciliation bill or the an effort on both sides—Senator KERRY S 18054 CONGRESSIONAL RECORD — SENATE December 6, 1995 on one side and Senator HELMS on the action on State Department reorga- In this important way, the OT&E other—to come together with agree- nization and then all the nominees saves the taxpayer money. ment, and I was told, as recently as 10 would be confirmed, and then START I understand that the provisions minutes ago, that they are just that far II—at least there would be an agree- eliminating the Director of the OT&E apart, which will certainly resolve all ment to take up START II. I think we originated out of an effort to stream- the questions that have been raised, I are getting very close to what the Sen- line the already bloated Pentagon bu- think, by the Senator from New Mex- ator from New Mexico would like to reaucracy. I support that larger effort. ico. achieve. I just hope we can work out Together with Congressman KASICH, I Mr. BINGAMAN. Mr. President, if I something so that while we are trying have sponsored legislation that would can respond to the majority leader’s to achieve this, which is the agree- streamline the Pentagon’s acquisition suggestion. ment, that we can also proceed on Sen- process. The PRESIDING OFFICER. The Sen- ate Joint Resolution 31. However, eliminating an effective ator from New Mexico. I have just been advised that maybe OT&E will not eliminate the need for Mr. BINGAMAN. Mr. President, I cer- one phone call away, we may be work- testing under realistic battlefield con- tainly have no question about the ma- ing something out on this. ditions. It does raise the question as to jority leader’s good intentions with re- Mr. BINGAMAN. Mr. President, I what office will be responsible for ap- gard to these matters. I think he has compliment the majority leader for the proving tests and representing the been trying to move ahead on them. progress made. I am glad to hear all troops through independent evalua- But unfortunately, in order to get any- this. I was not aware of it. I do believe tions of new weapons. thing done around here, you need unan- it is important we make that one addi- Moreover, the OT&E has already imous consent. We do not have that as tional phone call and get this nailed been streamlined. Last year’s Federal yet. down. If I go ahead and say fine, pro- Acquisition Streamlining Act merged In fact, the ambassadorial nomina- ceed—quite frankly, I have been asking live-fire testing with the operational tions we have been discussing are still the Democratic leader, Senator testing function. We should also recog- not out of committee, and the START DASCHLE, about these matters for nize that the OT&E is already one of II treaty is still not out of committee. about 3 weeks now, and he has consist- the smallest directorates in the Penta- They are not on the Senate Calendar. ently, and in good faith, said we are gon. I feel if we could get a unanimous- just about to agree. We are very close. Mr. President, the OT&E is an office consent agreement which provided for I know he is in good faith; I know the that has earned the respect of others in a vote prior to adjournment this fall of majority leader is in good faith; I cer- the Pentagon and in Congress. After this session on the Ambassadors and tainly feel I am in good faith. But I do Operation Desert Storm, former Sec- also provide for a time and some lim- want to see us get the agreement en- retary of Defense Dick Cheney stated ited amount of debate to get START II tered before we proceed to consider this that the vigorous, independent testing dealt with, I certainly would be willing constitutional amendment. oversight put into place by Congress to go with that. I think what we do As I said, I have no objection to us ‘‘saved more lives’’ than perhaps any need is an agreement that Senator voting on the constitutional amend- other single initiative. HELMS and all the others who are in- ment, but I would like to have that put Just last year, the GAO testified be- volved in this will agree to. off until we have agreement to vote on fore Congress stating that the priority I do not have any involvement in the these other matters that are agreed to we give to independent testing and negotiations that are taking place with by all Senators. evaluation should be increased and not the State Department reorganization Mr. ROTH addressed the Chair. decreased. In its examination of oper- or any of that. I do not have a dog in The PRESIDING OFFICER (Mr. ational testing, the GAO concluded that fight, as the saying goes. I do BURNS). The Senator from Delaware. that any changes to legislation for the want to see us deal with these particu- f testing and evaluation of military lar matters I have identified here. I equipment should preserve, if not would like agreement among all Sen- OPERATIONAL TEST AND strengthen, the fly-before-buy prin- ators to do that. If we can get that EVALUATION ciple. unanimous-consent agreement, with Mr. ROTH. Mr. President, I rise Yes, Mr. President, the provisions in Senator HELMS agreeing to it, then ob- today to express my strong opposition this year’s Defense authorization bill viously that would resolve my con- to what I believe is a very destructive would weaken that legislation. cerns. provision in H.R. 1530, the Defense au- Let me also remind my colleagues Mr. DOLE. I have the agreement in thorization bill. that this body, the U.S. Senate, unani- my hand. I have been trying to get it That provision would repeal the pub- mously passed a resolution just this for several weeks. We have come very lic laws that created and gave author- last August expressing our belief that close, I must say. This is not just Sen- ity to the Director of Operational Test the authorities and office of the OT&E ator HELMS. It involves the Senator on and Evaluation in the Office of the Sec- must be preserved. It is, thus, surpris- the other side. I do think we are that retary of Defense. ing if not shocking, that the conferees close. What is at stake here are the lives of appear to have overlooked this resolu- In this agreement, it also says we our men and women in uniform. tion. will take up the START II treaty. The OT&E was created by Congress Above all, Mr. President, the provi- START II is part of it, along with all over 10 years ago with strong biparti- sions that effectively decapitate the the nominations. I think it takes care san support. The purpose of this office OT&E constitute an issue of priorities. of those that might be pending in the is to ensure that our servicemen re- Do we care more about reducing the committee, too, or discharged. Even ceive weapons that are tested in an size of the Office of the Secretary of though they have not been reported independent manner and in an oper- Defense or the safety of our troops? I out, they would be covered, too, by our ationally realistic environment. This firmly believe that if this provision of agreement. office was created to guarantee that the Defense Authorization Act is not We thought we might get this agree- the weapons our soldiers take into the removed, Congress will be putting ment yesterday. That is how close we battlefield are ready for combat. countless lives at risk in the name of are. I have not given up on getting it In this important way, the OT&E reducing a handful of billets. yet today. I asked Senator HELMS, the saves lives. To do just that as we are sending our Senator from North Carolina—I Mr. President, the OT&E is also the troops to Bosnia seems to me to be all thought it might take several days on conscience of the acquisition process. the more dangerous. Just yesterday, I START II. He said he did not think so. Its work has helped to prevent waste read in the New York Times that our He thought there would be one or two and fraud. It is the cornerstone to Con- forces deploying in the Balkans will be amendments. gress’ and the Pentagon’s fly-before- equipped with an array of new tech- So, as I understand, once the logjam you-buy approach to new weapons plat- nologies that have never been tested in breaks, within 4 hours we can complete forms and other military equipment. combat. Could we imagine sending our December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18055 troops to battle with equipment that principle, integrity, and keen sense of that do not fly. I believe what is at we have not made the fullest effort to responsibility that have characterized stake are the lives of our men and subject to operationally realistic test- her entire career. women who serve this country in the ing? But Senator KASSEBAUM also stands Armed Forces. Mr. President, I urge the conferees of out for her bipartisan—even non- Mr. President, I am speaking today the Defense Authorization Act to re- partisan—approach. While working of the very useful and most critical move the provisions eliminating the wonderfully as a team player, she also role of the Office of the Director of Office of Operational Test and Evalua- has the strength to be independent Operational Test and Evaluation in the tion. If they are unable to remove that when her principles are at stake. That Pentagon and the effort underway in provision, I will encourage my col- is one of the reasons she has been so ef- the conference committee to totally leagues in the Senate to vote against fective. For example, in 1986 Senator annihilate and to eliminate this office. the authorization bill. The safety of KASSEBAUM broke with a Republican As I address the Senate this after- our servicemen and women requires President and led the vote to impose noon, the conference committee on the our full support. sanctions on the racist apartheid re- DOD authorization bill is now delib- Mr. FEINGOLD addressed the Chair. gime of South Africa. This, of course, erating over whether to repeal the bi- The PRESIDING OFFICER. The Sen- was the defining moment that changed partisan legislation written by myself, ator from Wisconsin [Mr. FEINGOLD] is United States policy from constructive along in 1983 with Senator ROTH, Sen- recognized. engagement to isolation of the regime, ator KASSEBAUM, Senator GRASSLEY, Mr. FEINGOLD. Mr. President, I rise which eventually brought down apart- and others, that created the independ- today to make a brief statement about heid, and gave birth to majority rule in ent weapons testing office. Senator KASSEBAUM which I know she South Africa. This legislation this is now known as prefers I wouldn’t, but which she will She has presided over our sub- section 139 of title X establishes the have to endure as a price of her retire- committee in the same nonpartisan Operational Testing Office that cur- ment. It is, of course, a statement of manner. While the Foreign Relations rently Mr. President, oversees, evalu- tribute to her service in the U.S. Sen- Committee may seem entangled in bit- ates, and reports on the results of tests ate, and an expression of deep personal ter partisan battles, the Subcommittee conducted on our new military hard- regret that she has decided to retire. on African Affairs has functioned ac- ware. Many of my colleagues and the major tively and smoothly under Senator This Office was designed to report di- papers are rightfully highlighting Sen- KASSEBAUM’s leadership, demonstrat- rectly to the Secretary of Defense with ator KASSEBAUM’s legislative accom- ing what bipartisanship can accomplish this independent assessment of the plishments and her many courageous, when reason prevails and pettiness and weapons being tested, procurement, nonpartisan positions. But I want to politics are set aside. For me, it has and combat use. The job of this Office focus my comments on her role in been a wonderful opportunity to learn has been to help make good weapons United States-Africa relations. I have about Africa, and I think it has also better and to help keep weapons that had the immense pleasure of working enabled the subcommittee to do its job do not work out of the hands of our sol- with her in the past year as the rank- as a policymaker. Senator KASSEBAUM diers and sailors. ing member on the Subcommittee on has given me faith that in spite of all It has saved the taxpayers billions of African Affairs, of which she has been the rancor and partisan bickering, it is dollars by exposing many troubled sys- an active member since 1981, and of still possible in the Senate to reach tems before they become costly dino- course now chairs. For me, Senator across the aisle and work together. saurs and disasters. The ultimate con- KASSEBAUM’s deep commitment, genu- These are some of the attributes that tribution, I think, of the Operational ine expertise, and tremendous leader- have made Senator KASSEBAUM a great Testing Office has been the lives it has ship on Africa have been one of the Senator. But she is also a joy to work saved by helping to ensure that our most inspiring influences I have had with because she is such a delightful Armed Forces are not sent into combat while in the Senate. and gracious person. As much as I with weapons that are faulty and do In many ways, the fact that she enjoy the subject matter, I think her not work and will fail in an operational chose Africa as one of her specializa- kindness and dedication have helped environment. tions says so much about what kind of sustain my active interest in Africa, Support for this Office, Mr. Presi- legislator she is. As our colleague from and make it an enjoyable experience. dent, has always been bipartisan. For Illinois, Senator SIMON, often reminds It will certainly be a more lonely example, former Defense Secretary us, though well-known and admired in process without her. Mr. President, I Dick Cheney said that the independent Africa, Senator KASSEBAUM surely got will value the next several months, weapons testing ‘‘saved more lives″ few votes in Kansas for advocating Af- working with her and learning from during Operation Desert Storm than rica’s interests. It certainly is not her. I will sorely miss her in the next perhaps any other single initiative. glamorous to travel to many of the session. Current Defense Secretary William places in Africa she has visited. And I yield the floor. Perry has recently described this Office she certainly does not get the limelight f as ‘‘The conscience of the acquisition often accorded foreign policy experts process.’’ as a leader on United States-Africa is- OPERATIONAL TEST AND Earlier this year, I was extremely sues. However, she has made a commit- EVALUATION shocked to learn that the House Na- ment to the region because it is the Mr. PRYOR. Mr. President, today, I tional Security Committee rec- right thing to do: because there are rise in the Senate to voice my very ommended repealing section 139 of title complex issues in Africa that call out strong opposition to the actions being X, thereby eliminating this Office. for American attention, and there have considered by the House Senate con- Because of what we consider to be a been too few voices in Congress that ference committee on the Defense au- very irresponsible initiative in the have cared about the United States-Af- thorization bill. House of Representatives, Senator rica relationship. She has grappled Mr. President, I have been informed, ROTH and myself sponsored a biparti- with the difficult issues, such as the with some of my colleagues, and I am san sense-of-the-Senate resolution genocide in Rwanda, the failing transi- very sorry I did not get to listen to all voicing the Senate’s full support for tion to democracy in Nigeria, the small of the remarks of my good friend and the Testing Office and our strong ob- window of opportunity to consolidate colleague and partner in this issue, jection to repealing its charter. This peace in Liberia, the reconstruction of Senator ROTH of Delaware, we have resolution passed the Senate unani- Angola, the tragedy in Sudan, and so been informed that the conference mously during consideration of the de- much more. Senator KASSEBAUM can committee is now considering turning fense authorization bill in August in always be counted on to address these back the clock on 12 years of progress 1995. issues, and then to work persistently to in the war against $600 hammers, $1,000 We were recently notified that the shape intelligent and active U.S. poli- toilet seats, guns that do not shoot, conference committee apparently is cies. This commitment exemplifies the bombs that do not explode, and planes disregarding the sense-of-the-Senate S 18056 CONGRESSIONAL RECORD — SENATE December 6, 1995 resolution by refusing to remove from EXHIBIT 1 We urge you to continue the bipartisan its conference report the language that U.S. SENATE, Congressional support for independent test- would kill operational weapons testing Washington, DC, December 1, 1995. ing by deleting from your conference report any provisions that would repeal section 139 in the Pentagon. Hon. STROM THURMOND, Chairman, Senate Armed Services Committee, of Title 10. This news is disheartening, indeed, Thank you for your consideration of this SR 228, Washington, DC. urgent matter. Mr. President. Repealing the law that DEAR MR. CHAIRMAN: We are writing to established independent weapons test- voice our strenuous objection to an action Sincerely, ing would be an irresponsible, unthink- the defense authorization conference com- WILLIAM V. ROTH, Jr. able course, and dangerously short- mittee is considering that would jeopardize CHARLES E. GRASSLEY. sighted. If this Office’s charter is re- independent operational and live-fire weap- DAVID PRYOR. voked, countless American lives will be ons testing in the Department of Defense. We Mr. PRYOR. Mr. President, I suggest at risk. Furthermore, the entire sys- believe that what is at stake are the lives of the absence of a quorum. our men and women who serve in the armed The PRESIDING OFFICER. The tem by which we acquire new weapons forces. clerk will call the roll. will be pushed back to the dark ages. As you know, the conference committee is The assistant legislative clerk pro- We will undoubtedly be bringing back currently discussing various measures to ceeded to call the roll. the unthinkable conflict of interest of streamline the Office of the Secretary of De- Mr. BINGAMAN. Mr. President, I ask the students grading their own exams, fense (OSD). We are aware that the con- ference committee is considering repealing unanimous consent that the order for when it comes to evaluating the results the quorum call be rescinded. of critical weapons testing. section 139 of Title 10. Repealing Section 139 would eliminate the authority of the Direc- The PRESIDING OFFICER (Mr. Last Friday, after learning that the tor, Operational Test and Evaluation CAMPBELL). Without objection, it is so Testing Office was, indeed, in jeopardy (DOT&E) to oversee, evaluate, and report on ordered. and in danger of being eliminated, Sen- the operational worth of weapons prior to f ator ROTH, Senator GRASSLEY and my- their production and procurement by the FLAG DESECRATION CONSTITU- self sent a letter to Chairman THUR- U.S. government. TIONAL AMENDMENT—MOTION MOND and to Chairman SPENCE, ex- The DOT&E office was created 12 years ago pressing our outrage over the apparent with strong bipartisan support. Its existence TO PROCEED has been critical to Congressional and Penta- The Senate continued with the con- desire to repeal section 139 of title X. gon efforts to promote a ‘‘fly-before-you- In this letter, Mr. President, we call on buy’’ approach to the multi-billion dollar sideration of the motion to proceed. the conferees to maintain our legisla- arena of military acquisitions. Mr. BINGAMAN. Mr. President, I tion that created the Operational Test- Section 139 of Title 10 is the foundation wanted to just add some information ing Office. upon which this important contribution to for my colleagues about some of the Mr. President, I ask unanimous con- DOD procurement is based. Since its enact- ambassadors that I have been discuss- ment, this provision has saved time, money, sent that a copy of this letter that we ing this morning and so far today and most importantly, the lives of our sol- about the qualifications of these peo- sent to Chairman THURMOND and to diers and sailors who must rely on tested, ple. These are individuals that have Chairman SPENCE be printed in the proven weapons. We truly believe that any been nominated by the President. RECORD directly following my remarks. decision by the conference committee to re- There are 18 of them that are presently The PRESIDING OFFICER. Without peal section 139 would result in many unin- tended consequences. pending in the Foreign Relations Com- objection, it is so ordered. mittee. They are an outstanding group (See exhibit 1.) Eliminating this office would not elimi- nate the requirement to conduct testing of nominees. Mr. PRYOR. I gladly join my good under realistic operational conditions. How- I was just provided with more de- friends from the other side of the aisle ever, it would raise the question as to who tailed information about what they in voting our strong bipartisan support would be responsible for approving test plans have been doing in their careers and for independent weapons testing. This and for providing independent evaluations of why they are considered by the Presi- Office has always enjoyed support from testing. This uncertainty would be costly in- dent to be qualified for these important each side of the aisle. I hope it always deed. We appreciate the conferees’ desire to positions. So I thought I would go will. It was created in this spirit. I cer- streamline the Office of the Secretary of De- through some of that information so tainly hope that it does not die under a fense. However, the Federal Acquisition that any Senator who has a doubt cloud of partisanship. Streamlining Act recently enacted by Con- about the qualifications of any nomi- I would like my views to be known gress merged live-fire testing with the oper- nee would hopefully have that doubt clearly and publicly before the con- ational testing function. Thus, independent put to rest. I do not know many of ferees conclude their deliberations on testing oversight has already been stream- these people myself, but I would like to the Defense authorization bill. I know lined. Furthermore, the DOT&E office is al- at least put in the RECORD the informa- they will take heed of the remarks of ready one of the smallest in the Pentagon tion about them. bureaucracy. Mr. President, going down the list, my colleague and good friend, Senator This directorate has proven itself as one of ROTH, who just delivered his eloquent the most important checks and balances in the President’s nominee to Sri Lanka speech on the floor of the Senate with the DOD procurement system. Its value has is Mr. Peter Burleigh, who is presently regard to this issue. been lauded by our two most recent Sec- the Deputy Assistant Secretary of If this conference report comes to the retaries of Defense. After Operation Desert State for Personnel. He is a career ap- Senate, Mr. President, with language Storm, former Defense Secretary Dick Che- pointee in the Department of State. He ney said that the vigorous, independent test- that revokes the charter of our weap- has been with the Department of State ing oversight put in place by Congress now for some substantial period of ons testing office, I will strongly op- ‘‘saved more lives’’ than perhaps any other time. He was a Peace Corps volunteer pose the conference report and I will single initiative. Current Defense Secretary before that. He has a very distin- ask it be rejected by the entire U.S. Perry recently described the DOT&E as ‘‘the guished re´sume´ which we will include Senate. conscience of the acquisition process.’’ In August, the U.S. Senate unanimously in the RECORD. As we prepare to send American The second of these nominees is the troops into Bosnia, it would be wrong— approved a Sense of the Senate resolution that stated clearly the Senate’s opposition President’s nominee for APEC, Asia- absolutely, totally wrong—to eliminate to repealing section 139 of Title 10. We con- Pacific Economic Cooperation. This the most important checks and bal- tinue to believe that repealing the law that person, Sandra Kristoff, is now the co- ances in the military procurement guides independent weapons testing is wrong ordinator in that position, and she is chain that has proven to save time, and dangerously shortsighted. being nominated by the President for money, and most importantly, the Clearly the question facing Congress is do the rank of Ambassador in that same lives of our fighting forces. The Amer- we care more about reducing the size of OSD position—again, a very distinguished ican taxpayers, the American men and or protecting the lives of our service men and women. We firmly believe that if the career of involvement in foreign policy women in uniform, deserve much bet- provisions repealing section 139 are not re- and trade related issues. ter. moved, Congress will be putting countless The third on this list is John Malott, I thank the Chair for recognizing me. lives at risk in the name of reducing a hand- who has been nominated by the Presi- I yield the floor. ful of billets. dent as the Ambassador to Malaysia. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18057 He is presently the senior adviser to as Ambassador to Lebanon. And again Service, with the class of counselor; a the Under Secretary of State for Eco- we have a person who at the present very distinguished career, formerly a nomic, Business and Agricultural Af- time serves as Director of the Office of Peace Corps volunteer in Kenya. fairs. He is a career member of the Sen- Egyptian Affairs in the Department of Finally, Gerald Wesley Scott, who ior Foreign Service at the class of min- State, a career member of the Senior has been nominated by the President ister-counsellor, clearly a very distin- Foreign Service with a class of coun- as the Ambassador to the Republic of guished and recognized public servant sellor. the Gambia. He is presently the Deputy in our diplomatic corps. Next is James Collins. Mr. Collins Chief of Mission in Zaire and in the Next is Mr. Kenneth Quinn, Kenneth has been nominated by the President American Embassy in Kinshasa, Zaire, Michael Quinn, who has been nomi- as Ambassador-at-Large and Special another career member of the Senior nated by the President to the position Adviser to the Secretary of State for Foreign Service with the class of coun- of Ambassador to Cambodia. He is pres- the New Independent States, and again selor. ently a special project officer for the a career member of the Senior Foreign Mr. President, I have gone through Bureau of East Asian and Pacific Af- Service with the class of minister- this list and given a little information fairs in the Department of State— counsellor, also a very distinguished about each of these individuals just to again, a career of foreign service, class career which I think well equips him make the point that this is not some of minister-counsellor. for that position. kind of political effort on my part or I would just point out parentheti- Next is Charles Twining, who has on the President’s part or anybody to cally here, Mr. President, that I can re- been nominated by the President as get these people in these new positions. These people have devoted their ca- member years in which we had great Ambassador to the Republic of Cam- reers, their entire professional lives, to debates on the Senate floor expressing eroon, presently the Ambassador to serving this country in often very dif- concerns about the political nature of Cambodia, a career member of the Sen- ficult circumstances. They have been the appointments being made by one or ior Foreign Service with the class of chosen by the President to serve in another President to some ambassa- minister-counsellor—again, a very dis- these important positions, and we owe dorial positions. In this group of 18, all tinguished public servant in our diplo- it to them as well as to those people we but 4 of the 18 are career Foreign Serv- matic corps. represent in our home States to get on ice officers, have devoted their entire Next is James Joseph. The President with approving their nominations so career to working in our diplomatic has nominated James Joseph as Am- that they can continue to represent corps, and the four who are not career bassador to the Republic of South Afri- this country in those important posi- Foreign Service officers I think are ca. He presently is the president of the tions. recognized by all to be well qualified to Council on Foundations and has a very That is the list of ambassadors that take important positions like this. distinguished career in a great many are presently being held up in the For- After the Ambassador to Cambodia is different areas, but obviously has the eign Relations Committee. I hope very Mr. William Itoh, the President’s ap- President’s confidence. much that we will be able to get an pointee as Ambassador to the Kingdom Next is Joan Plaisted. Joan Plaisted agreement here today, or very soon, to of Thailand, presently a student in the is the President’s nominee as Ambas- have all of those nominees reported to Capstone Program at the National De- sador to the Republic of the Marshall the Senate floor and have a vote on fense University—again, a career mem- Islands, now presently serving as Di- those nominees as well as on START II ber of the Senior Foreign Service with rector of the Office of Thailand and before we adjourn this session of the the class of counsellor. Burma Affairs in the Department of Congress. I think that would be a very Next is a gentleman I referred to in State, another career member in the major accomplishment and something my statement this morning, Mr. Senior Foreign Service with the class that would allow us to feel we had done Stapleton Roy, who has been nomi- of counsellor. our duty under the Constitution, which nated by the President as Ambassador Next is Don Gevirtz, who has been I think is certainly what all of us are to the Republic of Indonesia. He again nominated as Ambassador to the Re- intending to do. So with that, Mr. is a career member of the Senior For- public of Fiji, to the Republic of Nauru, President, I yield the floor, and I sug- eign Service, class of career minister. I to the Kingdom of Tonga and Tuvalu— gest the absence of a quorum. would point out that he was born in again, a very distinguished individual The PRESIDING OFFICER. The ab- China. He has spent much of his life in whose present position is chairman of sence of a quorum has been suggested. the Far East and China in particular. the board and chief executive officer The clerk will call the roll. He is extremely well recognized as an the Foothill Group, Inc., in California. The legislative clerk proceeded to expert on that part of the world and Next is our own former colleague, call the roll. has served our country extremely well Senator Jim Sasser, who is presently Mr. THOMAS. Mr. President, I ask in important positions including Am- an attorney here in the District of Co- unanimous consent that the order for bassador to China. He now, of course, is lumbia as well as in Nashville, TN, ear- the quorum call be rescinded. The PRESIDING OFFICER. Without being considered for this other very im- lier this year was a fellow of Harvard objection, it is so ordered. portant position for which I hope we University and is now, of course, the Mr. THOMAS. I ask unanimous con- President’s nominee as Ambassador to can confirm him. sent that I be allowed to speak as in The next after Mr. Roy is Thomas Si- Beijing. And I think all of us who have morning business. mons, Jr., who is nominated by the served with him would agree that he The PRESIDING OFFICER. Without President as the Ambassador to Paki- will perform in an exemplary fashion in objection, it is so ordered. stan. He is presently the Coordinator of that position as he would in any posi- Mr. THOMAS. Thank you, Mr. Presi- U.S. Assistance for the New Independ- tion for which the President would dent. ent States. His Foreign Service grade nominate him. f is career member of the Senior Foreign Next is David Rawson, whom the Service, a career diplomat, as many of President has nominated as Ambas- UNITED STATES TROOPS IN these nominees are, and somebody who sador to the Republic of Mali, pres- BOSNIA clearly has earned the respect and con- ently the Ambassador to the Republic Mr. THOMAS. Mr. President, I rise to fidence of the President. of Rwanda, a career member of the talk about an issue that all of us are Next is Frances Cook, who has been Senior Foreign Service, class of coun- concerned about and all of us are nominated by the President to be the selor; again, a very distinguished ca- thinking about, and that is the Presi- Ambassador to Oman, presently the reer in our diplomatic service. dent’s policy to put United States Deputy Assistant Secretary of State Next is Robert Gribbon, who has been troops on the ground in Bosnia. for Political Military Affairs—again, a nominated by the President as Ambas- First, let me make it clear that I am career member of the Senior Foreign sador to the Republic of Rwanda. His opposed to that idea. I had an oppor- Service. present position is Ambassador to the tunity about 5 weeks ago to go to Sara- Next is Richard Henry Jones, who Central African Republic, another ca- jevo along with some other of my asso- has been nominated by the President reer member of the Senior Foreign ciates here. We went to Stuttgart in S 18058 CONGRESSIONAL RECORD — SENATE December 6, 1995 Germany and visited for a day with the pushed by the administration. That ment than really talking about the supreme commander there. I was im- was not something that the adminis- substance of why we should, in fact, be pressed by the preparation, by the way, tration worked hard to encourage. But in Bosnia. We can talk about details, of our military, as always. I am sure shortly thereafter, I think it did cause and that is what we hear, all the de- they will be able to carry out whatever some action. Shortly thereafter, the tails of how we are going to train, how mission is assigned to them. United States then moved to get NATO we are going to move, all these things, We spent some time in Croatia talk- to do some airstrikes, which tended to but the real issue is not the details, as ing particularly to the Defense Min- bring together then the Croatians and important as they may be. The real ister there in terms of the Croatians’ the Moslems to a federation that sort issue is, why are we there and what is activities and their concerns. We spent of equalized, began to equalize the the rationale and reason and the vital a portion of our time in Sarajevo where forces there, and so we saw a change, I American interests for us to be there. we visited with the President of think prompted, at least partially, by We hear some saying, ‘‘Well, we’re Bosnia, had a chance to talk with the the action of this Congress to rec- going to put troops in harm’s way.’’ Of U.N. commander there, and also spent ommend that we lift the arms embar- course, no one wants to put troops in some time coming back through Brus- go. harm’s way. On the other hand, that is sels in Belgium, and spent some time So then we saw some effort to come what troops are for. The question is not with the NATO commander and all 16 to a peace agreement. When I was are they in harm’s way, the question is, of the Ambassadors that were there. there, there was just recently installed is there a good reason and rationale for Certainly, I am not an expert in the a cease-fire. I think it was the 31st them being in harm’s way? field, having been there just a few days, cease-fire, however. Nevertheless, it We hear, ‘‘If they don’t go, there will but I have to tell you that you do get was an effort to do that. Then we not be any peace.’’ I am not sure that a sense, you do get a sense from being moved toward the peace agreement and is true. there as to what the feelings are, a a meeting in Dayton, OH, or wherever, Until these warring parties are pre- sense that, as you would imagine, to do that. So the administration said, pared, genuinely, to have peace, I sus- those people are tired of fighting and gosh, we cannot really talk to you pect there will not be peace. We are looking for some resolution. You get a about what is in the wind here because told, and I think sincerely, that we are feeling, also, however, that there is not we are having a peace conference and it there to keep peace, not to make peace. a willingness to give up some of the po- would disrupt the peace conference. There is a little different term this sitions that people have taken and will We had a number of hearings, and we time, it is called enforce peace, which maintain, antagonistic positions and did not get too much information, be- is a bit hard to define. But when we conflicts that are very long lasting and cause they said we cannot do that. So asked the question, what do we do have been there for hundreds of years. then, for whatever commitment there when there is an organized military re- So, Mr. President, I came back hav- is to it, there was a peace agreement sistance to the U.S. forces that are ing not changed my opinion. I do think initialed in Ohio. I am glad there was there, NATO forces, the answer was, we need to continue to be involved. I and I congratulate those who helped ‘‘Well, we’re not there to fight a war, think we have had an excellent rep- bring it about. No one is certain what we’re not there to fight, we are there resentation there in terms of the nego- it means and how much commitment to keep and enforce the peace.’’ We tiation. I congratulate the negotiators. there is to it. Then we are told by the were led to believe we probably would We met yesterday with Secretary administration, ‘‘Well, we have a peace withdraw. Holbrooke. But I was no more con- arrangement now. We can’t really talk So, Mr. President, it is awfully hard vinced of the responsibility to have to you much because we can’t change to know. Some say, ‘‘Well, we have to 20,000 or 30,000 troops on the ground that.’’ have leadership, we’re isolationists.’’ I there and of our chances of coming The next thing we knew, the Presi- do not believe for 1 second that anyone away in the period of time, as described dent was in Europe on a peace mission can think of this country, the things by the President, of 1 year, or that the talking to a number of countries, in- we are involved in both in security and solution is any better than it was be- cluding NATO and European countries, trade, that would cause anyone to sug- fore. saying, ‘‘We are willing to bring these gest this country is isolationist. That Let me say, however, that we are troops in.’’ Of course, it was received is ridiculous. going to have differences of view here. with a great deal of enthusiasm. Who Some say, ‘‘Well, NATO will dissolve I hope we have an extended discussion would not? If we agreed to do most of without us.’’ I do not believe that. of the issue here on the floor. I think the heavy lifting, you would imagine NATO was designed, of course, to bring everyone who comes forward will hon- that. together the North Atlantic nations to estly have their views—and I do not So then following that comes the resist the Soviet Union, and they still impugn anyone’s motives as to why commitment for troops, and some pre- have a mission, certainly. Although I they are where they are. liminary troops are there now. must tell you, having been there, I Let me comment on a number of Mr. President—and I asked this ques- think there is some search for a mis- things that have concerned me. One is tion of the Secretary of State and the sion going on. NATO will continue to the process and the process of involv- Secretary of Defense in a hearing last exist; NATO has a legitimate purpose. I ing American citizens, through their week—what is the role of Congress? I do not know whether its purpose is to Congress, through their elected rep- did not get an answer, other than pro- quell civil wars within Europe. resentatives, in this decision. And I vide the money. I do not think that is So, Mr. President, we are in a sticky have to tell you that it is my observa- appropriate. wicket here, and I guess the stickiest tion that the Congress has essentially I do not want to get into the great thing—and I, frankly, did not get a been co-opted in this decision. discussions of the constitutionality of chance to ask the Secretary yester- It started some 2 years ago when the the President’s authority. There is dis- day—is, what is our policy in the fu- President, for whatever the reason, in- agreement about that. I do not happen ture, what is our position going to be dicated that he would place 25,000 to think the President has unlimited with regard to our role in civil disturb- troops in Bosnia, at that time mostly authority because he is named Com- ances, our role in civil wars, our role in to remove the U.N. forces if that was mander in Chief in the Constitution. ethnic disturbances throughout the necessary. So that was the first indica- Nevertheless, there must be a role world, and there have been a number tion why it was 25,000. Why it was not here for the Congress. I think it has and there will continue to be. 20,000, why it was not 40,000, why it was been handled very poorly, frankly, in Is our role to place troops and keep not 10,000, I am not sure. No one has terms of some involvement and com- the peace, enforce the peace? I do not ever been able to tell us that. mitment. know the answer. But we will have to So, then not much happened, and the It seems to me—and I am sorry for make a decision with respect to policy, Congress then passed resolutions say- this—it seems to me the administra- so that we know where we are, what ing we ought to lift the arms embargo tion is more in the posture of defending people can expect from us. We want to on the Moslems. However, that was not their decision and winning the argu- be a leader in the world; we will be, we December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18059 should be, we are the superpower. Peo- Nearly 12 years ago, there was a bi- will become a triangle. This action un- ple should have, however, a reason to partisan effort to create the Office of dermines any claims by Republicans in anticipate that our position will be Operational Test and Evaluation the Congress that they are for reform- based on policy. [OT&E] at the Department of Defense. ing the Pentagon. Mr. President, I think we find our- OT&E was created in response to a I am very fearful that this Congress selves in a very difficult position, one very simple idea: We should not spend has badly confused its principles. Being in which honest people can disagree. I billions of dollars of the taxpayers for a strong defense means ensuring happen to believe it is a mistake for us money before we know that a weapons that our troops get the safest and most to put U.S. troops on the ground there, works and will be safe and effective for effective weapons for our troops. It a mistake in terms of policy, a mistake our men and women in uniform. does not mean ensuring only a steady in terms of alternatives. There are al- The OT&E Office has been an un- and increasing cash flow for defense ternatives. It is not that or nothing. qualified success. It has saved the tax- contractors. We can continue to be involved with payers billions. The cancellation of And let me say, while the actions of diplomacy. We can continue to support that boondoggle, the Sgt. York the Congress are inexcusable, the ad- NATO. We can give other kinds of sup- [DIVAD] antiaircraft weapon, was due ministration’s actions are no better. port there. It is a question of what hap- in part to the work of OT&E. Cancel- We have heard not a word from the pens when we leave. What do we do to ling the DIVAD saved the taxpayers administration about the elimination ensure that having spent whatever it billions. More important, it ensured we of OT&E. How the administration, in is—I suspect even though the adminis- didn’t give our soldiers poor, unsafe the middle of sending our troops into tration says $1.5 billion, maybe plus equipment. Bosnia, can sit idly by and say and do $600 million in nation building, a little But far more important, OT&E has nothing while OT&E is being elimi- over $2 billion, I would be willing to bet saved lives. There is no question that nated is beyond comprehension. What you that is not right. We spent nearly the modifications made to the Bradley kind of signal does that send to our that much in Haiti, and this place will fighting vehicle to enhance its surviv- troops? be three times as expensive. ability ensured that many young sol- Mr. President, as I said at the begin- So the question is, what is the basis, diers came home from the Persian ning of my speech, I am astonished what is the rationale for that kind of Gulf. that I am standing on the Senate floor commitment? I hope we have an oppor- Former Defense Secretary Dick Che- having to debate this issue. This is a tunity to discuss it soon. I had hoped ney said that the vigorous, independent sad day for the taxpayers and even a we would this week. Apparently, it will testing oversight put in place with the sadder day for our troops. be next week. We ought to keep in creation of OT&E by Congress saved I strongly hope the conferees will re- mind the mass troop movement has not more lives than perhaps any other sin- consider this disastrous proposal and taken place. We have some folks in gle initiative. not bring the DOD authorization bill to there, some troops in there early to Now, what is our response to these the floor until it is resolved. prepare, but the troops are not there. accolades? To these successes? Why of I also wish to commend my col- We still need to make a decision. We course, we get rid of it. Incredibly this leagues, Senator ROTH and Senator still need to say to the President, if is actually being proposed right now by PRYOR, for their staunch support for that is what we believe, that we think the DOD authorization conferees. this office, both at its creation, and es- this is the wrong decision. No one here, OT&E asks the tough questions on pecially now. Their eloquent speeches however, will resist supporting troops weapons effectiveness, and it looks on this floor earlier today speak to once they are there. We are not talking closely at the answers. It does this their leadership on this issue. And I about that at this point; we are talking independent of the services and the would like to add my support to their about the decision to be there. It is a procurement bureaucracy at the Penta- effort to give our troops the very best tough one. We should face up to it, gon. So why would we want to elimi- come to the snubbing post and make equipment for their safety. nate this important check and balance? Mr. THURMOND. Mr. President, I decisions. I am sorry we have not made Simply put, OT&E is a vital check in them before now. We shall. It is our re- suggest the absence of a quorum. ensuring that the taxpayers get the The PRESIDING OFFICER. The sponsibility. Mr. President, I yield the floor. best bang for the buck and that the clerk will call the roll. Mr. GRASSLEY addressed the Chair. safety of our troops is the top priority. The bill clerk proceeded to call the The PRESIDING OFFICER. The Sen- The people who are clamoring to get roll. ator from Iowa, Mr. GRASSLEY, is rec- rid of OT&E are upset because OT&E is Mr. THURMOND. Mr. President, I ognized. a roadblock to their top priority: rip- ask unanimous consent that the order f ping the money sacks open at both for the quorum call be rescinded. ends, and pitchforking dollars to de- The PRESIDING OFFICER. Without OPERATIONAL TESTING AND fense contractors as quickly as pos- objection, it is so ordered. EVALUATION sible. f Mr. GRASSLEY. Mr. President, I These are people who must believe FLAG DESECRATION CONSTITU- want to address the Senate for just DOD exists merely as an expressway to maybe 3 or 4 minutes, 5 or 6 at the pad the coffers of contractors. And TIONAL AMENDMENT—MOTION most, on something that Senator they want to get rid of this small speed TO PROCEED PRYOR and Senator ROTH have already bump, the Office of Operational Test Mr. THURMOND. Mr. President, it is addressed, something that we three and Evaluation, because it slows down unfortunate that the Democrats will have worked on over quite a few years. the flow of money. not let us get beyond the motion to It deals with a matter of defense and Mr. President, I am particularly sad- proceed on Senate Joint Resolution 31, an operation within defense that is dened that this is happening under a the proposed constitutional amend- going to make sure that we get the Republican Congress. I have been as- ment to grant power to the Congress most money for our defense dollar and sured by Republican House leaders that and the States, the power to prohibit to make sure that a weapon system Pentagon reform is around the corner, the physical desecration of the flag of that we are producing is effective and even though in the DOD authorization the United States. This is an important safe. bill we are throwing more money at issue which should be submitted to the Mr. President, I am amazed that I the Pentagon. But I must say, if this is American people in the form of a pro- have to stand before you to say what I their idea of reform, they’ll have an posed constitutional amendment. am about to say. I never thought I unexpected battle on their flank. And Mr. President, today we begin consid- would have to rise to speak out to de- I’ll be leading the charge once again, eration of Senate Joint Resolution 31, fend this program. But, then again, I just as I did in the mid-1980’s. And we a proposed constitutional amendment continue to be astonished by the short- will win again. authorizing the Congress and the sighted and misguided actions of so House Republicans say they want to States to prohibit the physical desecra- many people in this town. reform the Pentagon so much that it tion of the American flag. I am pleased S 18060 CONGRESSIONAL RECORD — SENATE December 6, 1995 to be an original cosponsor of this pro- tion. The American people look upon that standard. The President of IBM posal. the flag as our most recognizable and says they spend $3 billion a year on re- In June of 1989, the Supreme Court revered symbol of democracy which has medial education. And you only need issued a ruling in Texas versus Johnson endured throughout our history. to look at the annual survey of high which allows the contemptuous burn- I urge my colleagues to join the spon- school seniors’ heroes in this country ing of the American flag. Immediately sors and cosponsors of this proposed to understand what they are learning after that ruling, I drafted and intro- constitutional amendment to protect about history, particularly the history duced a proposed constitutional our most cherished symbol of democ- of this country. amendment to overturn the unfortu- racy. By adopting this proposal, we can So what are we doing? We are doing nate decision. submit this important question to the two things. No. 1, we are cutting edu- After bipartisan discussions with American people to decide if they be- cation dramatically. Somewhere be- Members of the Senate and President lieve that the flag is worthy of con- tween 500,000 and a million youngsters Bush, the Senate voted on a similar stitutional protection. will not get a college education under proposal which I cosponsored. During I yield the floor. the budget reconciliation bill as it now this time, the Supreme Court ruled in The PRESIDING OFFICER. Does any stands. Those programs are going to be United States versus Eichman that a Senator seek recognition? savaged. Federal statute designed to protect the Mr. THURMOND. Mr. President, I I saw a bumper strip yesterday. I told flag from physical desecration was un- suggest the absence of a quorum. my wife about it last night. She said constitutional. The Texas decision had The PRESIDING OFFICER. The she had seen it years ago. It said, involved a State statute designed to clerk will call the roll. I will be glad when the schools of this protect the flag. The bill clerk proceeded to call the country and our children get the money they On June 26, 1990, the Senate voted 58– roll. need, and the Pentagon has to hold a bake 42 for the proposed constitutional Mr. BUMPERS. Mr. President, I ask sale to buy a bomber. amendment, nine votes short of the unanimous consent that the order for I have said many times, as I did dur- two-thirds needed for congressional ap- the quorum call be rescinded. ing the debate on the space station, if proval. The PRESIDING OFFICER (Mr. you take the money you are putting in Opponents of this proposed amend- GREGG). Without objection, it is so or- the space station and put it in edu- ment claimed it was an infringement dered. cation, I promise you the dividends will on the free speech clause of the first Mr. BUMPERS. Mr. President, first be 10 times greater. You take the $7 amendment. However, the first amend- let me commend my distinguished col- billion in the defense bill in excess of ment has never been construed as pro- league from New Mexico, Senator what the Pentagon asked for and put it tecting any and all means of expressive BINGAMAN, for objecting to the motion in education, and I promise you your conduct. Just as we are not allowed to to proceed to the constitutional chances for peace are exponentially falsely shout fire in a crowded theater amendment on flag desecration until better. or obscenities on a street corner as a roughly 18 ambassadors’ nominations So here we are, as the Atlanta Con- means of expression, I firmly believe which are being held up are released. stitution said, with a resolution that physically desecrating the Amer- We all, around here, do what we feel we searching for a problem. We are not ican flag is highly offensive conduct have to do to make a point. But we here to deal with the real or even an and should not be allowed. have extremely important ambassa- imagined problem. Everybody here in The opponents of our proposal to pro- dorial posts going unfilled because of a this body knows that this is pure, sheer tect the American flag have misinter- dispute over a totally different item. politics, with four flag burnings last preted its application to the right of I suppose it is that old saw ‘‘the year, and none this year. And we are free speech. Former Chief Justice War- wheel that squeaks the loudest gets going to tinker with the first amend- ren, Justices Black and Fortas are greased,’’ is true, and I am not criticiz- ment, with our cherished Bill of known for their tenacious defense of ing the Senator from North Carolina Rights, a document which we in good first amendment principles. Yet, they personally. He has a right to do what- common sense have not seen fit to all unequivocally stated that the first ever he wants to do. All I am saying is change one letter in 206 years? amendment did not protect the phys- I do not believe the country’s interests Where does this stuff come from? ical desecration of the American flag. are being well served when someone Why do people forever want to tinker In Street versus New York, Chief Jus- like our distinguished former col- with the most sacred document we tice Warren stated, ‘‘I believe that the league, Senator Sasser, is prohibited know next to the Holy Bible? The peo- States and the Federal Government do from taking his post in China where we ple of the country show a great deal have the power to protect the flag from so desperately need representation, at more common sense and respect for the acts of desecration and disgrace.’’ this time especially. Constitution than the Members of Con- In this same case, Justice Black, who So, I hope the Senator from New gress do. In 206 years we have amended described himself as a first amendment Mexico will stand fast on it. I will do the Constitution only 27 times, 25 ‘‘absolutist’’ stated, ‘‘It passes my be- my best to help him with it. That is times when we consider the passage lief that anything in the Constitution one logjam that needs to be broken. and repeal of Prohibition. bars a State from making the delib- Mr. President, what I came to the Would you like to take a guess, Mr. erate burning of the American flag an floor to speak about is the proposed President, at how many resolutions offense.’’ constitutional amendment dealing have been introduced in the Congress Mr. President, the American people with flag desecration. I have voted on to amend the Constitution? More than treasure the free speech protections af- that a number of times since I have 10,000. You think of it. So, thank God forded under the first amendment and been in the Senate, have steadfastly for the American people in their infi- are very tolerant of differing opinions opposed it every time it has been of- nite wisdom. Otherwise, we would have and expressions. Yet, there are certain fered, and I will oppose it again today. 10,000 changes in the Constitution of acts of public behavior which are so of- When I think of the real problems of the United States. Happily, most peo- fensive that they fall outside the pro- this Nation right now, and find this ple who offer resolutions here to amend tection of the first amendment. I firm- body dealing with this particular issue the Constitution will issue a press re- ly believe that flag burning falls in this at this time, I am appalled. Motorola lease, beat themselves on the chest category and should not be protected wants to build a big new facility and about how patriotic they are and how as a form of speech. The American peo- hire lots of people. They have elected representative they are of the people ple should be allowed to prohibit this to stay in this country and not go to back home, and that is the last you objectionable and offensive conduct. Malaysia, and the only criterion they ever hear of it. It is our intention with this proposed ask is that the applicants have a sev- At the risk of sounding slightly arro- constitutional amendment to establish enth grade knowledge of math, a fifth gant, the most neglected duty that a a national policy to protect the Amer- grade knowledge of English, and 50 per- legislator is to be an educator. If you ican flag from contemptuous desecra- cent of the applicants cannot meet are not capable of going before a town December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18061 hall meeting and saying, yes, I voted Essentially, you cannot show dis- would be just,’’ he said. ‘‘The sus- against that bill and here is why, if you respect for the flag. In 1941, 6 months picions and hatreds of Salem have cannot stand for reelection and let the before Pearl Harbor, old Joe Johnson, ceased. Neighbor no longer inveighs people decide if you really represent who lived out in Saint Joe up in the against neighbor through the fear of their views and the best interests of Ozark Mountains, ran afoul of that the evil eye.’’ the Nation, if you are not willing to let law. I guess Saint Joe has maybe 300 And the writer of this column says, them ask, ‘‘Does the fact that he voted people. The county seat was Marshall, ‘‘The reasons for the misguided fears of against the flag amendment mean he is AR. The woman who dispensed com- 1942 are gone, but ignorance and intol- not patriotic?,’’ then you shouldn’t be modities to poor people at the court- erance are still with us.’’ here. Does that apply to our distin- house had heard that there were a I do not know what happened to me guished colleague from Nebraska, BOB bunch of those Jehovah’s Witnesses out last night. I woke up at 2 o’clock, and KERREY, a Congressional Medal of at Saint Joe. Not only did they not be- I could not go back to sleep. I could see Honor winner, who lost a leg in Viet- lieve like most good Christians, the it was a futile thing to try, so I went nam, who has said the revulsion we feel Bible and their religious training was downstairs where there were three for somebody who would desecrate our more important to them than the flag small books I had checked out of the flag is all we need to protect the flag? of the United States. Joe had a wife Library of Congress on the Salem As long as 99.9 percent of the people of and eight children. And he goes into witchcraft trials and on witchcraft in this country are repulsed and find flag Marshall as he does on the first day of general. I read until 4:30, and I am tired desecration repugnant, why do you each month to get his commodities to right now because I did not get enough want to change the first amendment? feed his children. sleep last night. Let me repeat, Mr. President. The Now, you have to understand Saint I started reading through the charges Bill of Rights is the most important Joe in that era of 1941, you have to un- that used to be leveled long before part of the Constitution of the United derstand the unspeakable poverty the Salem, back in the Middle Ages, and States and the first amendment is first people of the mountains lived in. So one thing I had not really thought for a reason. That is what gives us our Mrs. Who Shall Remain Nameless, even about is that witchcraft trials were freedom of religion, freedom of speech, though it was 1941—I am sure she is sexist. It was always the woman who and freedom of press. And, Lord knows, long since departed—says to Joe John- was the witch. And a woman who lived I have trouble with that sometimes, son, ‘‘We hear you have been drawing to be 60 are 70 years old, might develop but I wouldn’t change it. commodities for kids you ain’t got.’’ a haggard look. As we crossword puzzle I will tell you what the problem is. Joe says, ‘‘That’s not true. I’ve got junkies would say, she was a ‘‘crone,’’ The problem is going home and facing eight children. You’re welcome to and so the first thing you know, any- our constituents. Who wants to go come out and see.’’ She accepts that, body who developed that sort of look home and say, ‘‘Yes, I voted against and she says, ‘‘We also understand that was called a witch, riding a broom the defense budget?,’’ knowing his next you belong to a sect called Jehovah’s across the skies, if a child had a seizure opponent will have a 30-second spot Witnesses.’’ He said, ‘‘That’s correct.’’ in the community, she was very likely saying he is soft on defense, or he is ‘‘And we understand that you Jeho- to be the first one accused of being a not patriotic? It takes a little courage vah’s Witnesses don’t respect our flag. witch. In this little community of around here. Courage is in very short And if you are going to draw commod- Salem Village in Massachusetts, in a 2- supply. ities, I want you to stand up there and month period, 134 people are accused of I know of one Senator, I will not salute that flag.’’ Joe says, ‘‘I ain’t being witches. name him, who is laying his political going to do it. The Bible tells me that One of the books I was looking at future on the line because he comes I don’t salute any earthly thing except last night had transcripts of the trial, from a very conservative State, who the Bible. That’s my religious teach- believe it or not. Thirty-two were con- has taken a stand against this amend- ing.’’ victed, 19 either burned at the stake or ment. Is that sort of courage not, after There were quite a few people in that hung. On what grounds? The testimony all, what the American people want? office, and Joe went ahead to make a of 10-, 12-, 13-year-old children. We have When somebody comes up to me on the speech. And during the course of his not had witchcraft trials in this coun- streets of the towns and cities of my speech somebody testified at his trial try since. This comes close. State and says, ‘‘Why don’t you guys that he had touched the flag. That was I revere the flag. When I first came to screw up your nerve and do something enough to find him guilty of disrespect- the Senate, I went up in the North- courageous for a change?’’, do you ing Old Glory. So they fined Joe $50 eastern part of the country to one of know how that translates? I will tell and gave him 24 hours in jail. Then Joe the most prestigious universities in the you exactly. What they are saying is, took it to the Arkansas Supreme country, and the rostrum was full. I ‘‘Why are you afraid to do something Court, and while it was on appeal, the guess they wanted to see what a new that is unpopular?’’ It does not take Japanese bombed Pearl Harbor. So moderate Senator from the South courage to always do the popular Joe’s conviction was upheld on a vote looked like. The emcee got up and said, thing. of 6 to 1. ‘‘Let’s all stand and say the Pledge of I do not denigrate the people of this I remember well the Chief Justice of Allegiance.’’ I would say that at least country. But I know precisely how to the Arkansas Supreme Court—his son half of those kids refused to stand. vote, if I do not want to catch any flak was a very dear friend of mine—dis- I was pretty shocked, Mr. President. when I go home. I would vote for that sented. He dissented, saying you can- But I got to reflecting on how I first thing in a New York minute. But I just not have a law like this. You cannot went off to college and how anxious I happen to believe in the Constitution. I say that Joe has to choose a flag over was to prove my independence. My fa- consider it the document that is the his religion. He cited Oliver Wendell ther and mother could not tell me what glue that holds the fabric of this Na- Holmes that the country must fight to do any more. If I did not want to get tion together. And every time some- every effort to check the expression of up and say the Pledge of Allegiance, body says, well, I do not think you loathsome opinions, unless they so that was my privilege. ought to spit on the flag, or burn the threaten the country they had to be I was insulted by it, and I did not flag, or something else, I’m not ready stopped to save it. like it. But I did not see anybody there to say, ‘‘Let us amend the Constitu- ‘‘The fact remains,’’ Justice Smith I wanted to send to prison. Is that a tion.’’ I have said hundreds of times on wrote, ‘‘that we’re engaged in a war legal crime? Why, of course, it is not. the floor of this body in my 21 years not only of men, machines and mate- But I can tell you, I was offended by here that when you start tinkering rials but in a contest wherein liberty that, as I would be if somebody had with the Constitution, I belong to the may be lost if we succumb to the walked out in front and spit on the Wait Just a Minute Club. ideologies of those who enforce obedi- flag. Down in Arkansas in 1919 the legisla- ence through fear and who would write Is this desecration anyway? Desecra- ture passed a law saying you cannot do loyalty with a bayonet. If ignorance tion comes from the Latin root, I this and that and the other to the flag. were a legal crime, this judgment guess, which means sacred. S 18062 CONGRESSIONAL RECORD — SENATE December 6, 1995 So what is sacred? To some people way I hear it sung most of the time. I We already have protection of the the Bible is the only thing that is sa- am an old band man and marine, and I flag. The Supreme Court has already cred. It was the only thing that was sa- love the way the Marine Band plays said fighting words, acts calculated to cred to Joe Johnson. So people will ‘‘The Star Spangled Banner.’’ I wish create a violence can be considered to come in here who do not any more be- everybody would play it that way and be illegal. lieve in this amendment than a goon. sing it that way. Mr. President, let me ask you, what And I hate to say this. There are a lot At the Kennedy Center, this orches- kind of company are we going to be in? of Senators who will take you aside tra played ‘‘The Star Spangled Ban- I have two grandchildren. And like we and deplore this amendment, and they ner,’’ and one of the honorees was did with our own children, Betty and I will vote ‘‘aye’’ because they do not Marilyn Horne. There were a lot of put them on our laps, and we go want to have to go home and talk to other opera singers there, and they through Highlights looking for hidden their constituents. sang ‘‘The Star Spangled Banner,’’ and pictures, all those other little games. That is the risk you take. When I it just took the roof off. I promise you, One of the Highlights games is always, voted for the Panama Canal treaties, I all the people there had goose bumps. ‘‘What is out of place in this picture?’’ was getting 3,000 calls a day against It was exhilarating and thrilling and It will have 8 or 10 things. One obvi- my position, and it has cost me dearly exciting. ously does not fit, it is out of place, out ever since. I do not mind telling you, if So if you had this flag amendment, of character. I had had a tough opponent in 1980, I do you think people there would have Here is a chart. And taken from would have probably been defeated. It gotten any more goose bumps? You Highlights magazine is ‘‘One of these was a very volatile issue. My pollster know what we do when we adopt this? things is not like the others.’’ Look at said in 1992 I still lost 3 percent of the We take a freedom away from people it. I ask you, which one is not like the vote because I voted for the Panama and create a class of political pris- others? Here you have Germany which Canal treaties. It would have been so oners. We will imprison people. in 1932 passed a law saying: nice to have said no to that treaty. You know what the amendment says. Whoever publicly profanes the Reich or one I am not saying that history has vin- The amendment says the States and of the states incorporated into it, its con- dicated that vote, but I will say this: I Congress may prohibit desecration of stitution, colors or flag or the German think Panama would be in absolute the flag. They will determine what Armed Forces, or maliciously and with chaos right now if we had not done it. desecration is. One State will charge premeditation exposes them to contempt, But there was also something called you with a $15 misdemeanor fine; an- shall be punished by imprisonment. Nazi other State will give you the death Germany. You cannot say anything about it, the Golden Rule involved in my vote on you cannot talk about it, you cannot dese- that. penalty; another State pins a medal on crate the flag, the constitution or much of So around here we vote for the flag you for it. What kind of nonsense are anything else. amendment, we vote for an amendment we into here? Every State would decide The Soviet Union, 2 years in the to require prayer in school. I have no- for itself a constitutional issue: what gulag. The Soviet Union, 2 years in the ticed the Republicans, who thought constitutes desecration of the flag? gulag for desecration of the flag. term limits was the greatest thing Coming back from Arkansas last China, 3 years. since night baseball, they do not much weekend, I counted three people, two Iraq, 7 years. like it anymore. I knew if they ever got men and a woman, whose shirts were And not to be outdone, Iran, 10 years. control, term limits would die a fast made out of the American flag. What South Africa, 5 years and a fine dur- death. are you going to do with them, Mr. ing apartheid. The line-item veto: I have never been President? Are you going to haul them Cuba, old Fidel is not as tough as for it; I will never be for it. We finally off like Joe Johnson, put them in jail? these other guys; only 3 months and a got it this year. What happens? Bill Well, maybe one State says you put fine in Cuba. Clinton is in the White House, so we them in jail, another State says you Syria, 6 years. cannot even get the conferees ap- cannot do that. You go into a bar and There they all are. And in the center pointed. Boy, if there ever was a time you get a drink and there is a swizzle is Old Glory. Is this the crowd we want I might support the line-item veto, it stick to mix your drink with a flag on to join? We are going to wind up giving would be right now. But I am not going the end of it. What are you going to do up a lot more freedom than we are to support it. I never have and I never with that bartender, the owner of that going to get. will, because it is a bad idea. The Re- bar? On the Fourth of July, the entire Mr. President, I have been amazed at publicans do not like it either when front page of the paper is the American where a lot of conservative writers are Bill Clinton is in the White House. flag, every one of them going into the on this issue. Charles Krauthammer—I Everybody runs on family values. trash before sundown. What are you do not read him. I do not care for his Who wants to face a 30-second spot say- going to do about that, Mr. President? articles, and I never read him. He ing, ‘‘He says he’s for family values, How about the used-car lot that has thinks this is pap nonsense. but look how he voted on prayer in an American flag sticking up on every George Will, Cal Thomas, and other school, look how he voted on this, look antenna? Do you ever suspect for a mo- conservatives. how he voted on that.’’ Everybody ment, Mr. President, that these car Senator MITCH MCCONNELL, from around here jumps under their desk lots with these massive displays of Kentucky, had a column in yesterday’s every time one of these controversial flags are designed to convince you that Post, and I thought it was absolutely issues comes up. Who wants to say, the owner of that place is a patriot? superb. He quoted a veteran, a man ‘‘I’m not for that new star wars pro- Some people would see it as the oppo- named Jim Warner, an American pa- gram’’? And people come by and say, site: commercialization of the flag. triot who fought in Vietnam and sur- ‘‘He doesn’t even want to defend the While we are covering desecration, vived more than 5 years of torture and people of this country against a missile why do we not also cover commer- brutality as a prisoner of the North Vi- attack.’’ Oh, would that that were all cialization of the flag or using the flag etnamese. Here is what he said: there is to the issue. for commercial purposes? And then, We don’t need to amend the Constitution Mr. President, if this amendment what is physical desecration? Does that in order to punish those who burn our flag. were adopted and we chose for the first mean you have to spit on it, tear it, They burn the flag because they hate Amer- time in 206 years to, in my opinion, burn it? What is physical desecration? ica, and they’re afraid of freedom. What bet- sully the Constitution of the United I tell you what it is, Mr. President. It ter way to hurt them than with the subver- States and the most sacred part of the is whatever each one of the 50 States sive idea of freedom. Spread freedom. Bill of Rights, it would not increase my say it is. You will have 50 different When a flag in Dallas was burned to patriotism any. I would not get goose definitions of what used to be a pre- protest the nomination of Ronald bumps any more than I did at the Ken- cious, protected freedom of political Reagan, he told us how to spread the nedy Center Sunday night. This mag- speech in the Constitution of the Unit- idea of freedom when he said: nificent orchestra played ‘‘The Star ed States, and then Congress will also We should turn America into a city shining Spangled Banner.’’ I cannot stand the weigh in so you will have 51. on the hill, a light to all nations. Don’t be December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18063 afraid of freedom, it is the best weapon we cause of everything it symbolizes, we Mr. President, we need this amend- have. have always held our flag with the ment because the soul of our society You do not hear me quote Ronald greatest esteem, with reverence. That seems to have been overtaken by the Reagan very often, but that was beau- is why we fly it so high above us. When tennis-shoe theology of ‘‘just do it.’’ tiful. the flag is aloft, it stands above politi- If it feels good, just do it. Forget And finally, to quote our old friend cal division, above partisanship. about obligation to society. Forget Will Rogers, and I will close with this: Under this flag, we are united. And about personal responsibility. Forget When Congress gets the Constitution all Americans are united in calling for a about duty, honor, country. ‘‘If it feels fixed up, they’re going to start on the Ten constitutional amendment allowing good, just do it,’’ they say. Commandments, just as soon as they can them to protect their flag. If it makes you feel good to burn a find somebody in Washington that’s read When you ask them if burning the flag, just do it. After all, it is just a them. U.S. flag is an appropriate expression piece of cloth. I yield the floor and suggest the ab- of freedom of speech, nearly four out of Just a piece of cloth? Tell that to the sence of a quorum. every five Americans say no, it is not. men, women, and children who each The PRESIDING OFFICER. The In my home State of Minnesota, nearly day stand before the black granite clerk will call the roll. 70 percent of my neighbors support walls of the Vietnam Veterans Memo- The assistant legislative clerk pro- Senate Joint Resolution 31, and have rial, tearfully tracing with their finger ceeded to call the roll. called on Congress to pass it this year. the name of a loved one chiseled deep Mr. GRAMS. Mr. President, I ask Mr. President, there is no Minneso- into the stone. unanimous consent that the order for tan who has been more vocal in this Tell that to the veterans of the Ko- the quorum call be rescinded. fight than Daniel Ludwig of Red Wing, rean war, who have come by the thou- The PRESIDING OFFICER. Without and I am so proud of his efforts. Just sands to their new memorial just objection, it is so ordered. this summer, Mr. Ludwig had the great across the reflecting pool. They see the Mr. GRAMS. Mr. President, I rise honor of being elected National Com- statues of the soldiers, poised in a bat- today to join my colleagues in support mander of the American Legion during tle march, the horror of war forever of Senate Joint Resolution 31. I did not the organization’s 77th annual national frozen in the hardened steel, and they come to the floor to cite case law or convention. remember those who did not come precedent or to dispute the predictions Mr. Ludwig knows what the flag back. and the pronouncements of the con- means to the soldiers and veterans of Tell it to the veterans of World War stitutional scholars. I will leave that the American Legion. He is a Vietnam- I and World War II, who each year don to the lawyers in this Chamber. But I era veteran of the U.S. Navy who spent their uniforms for the annual Veteran’s came here to tell you what I believe in 8 years in the military, and he told me Day parades. Time may have slowed my heart as an average American, the that passage of the amendment we de- their march and stiffened their salute, son of a veteran, the kind of person bate today remains the American Le- but it has not diminished their passion who puts his hand across his chest dur- gion’s No. 1 priority. for the flag. ‘‘We are so close to victory,’’ he said. ing the national anthem and gets a To say that our flag is just a piece of ‘‘Protecting the American flag from lump in his throat during parades when cloth—a rag that can be defiled and desecration can be our greatest vic- the Stars and Stripes go by. trampled upon and even burnt into tory.’’ What is it about this multicolored ashes—is to dishonor every soldier who It has been too long in coming. ever fought to protect it. Every star, piece of cloth that inspires such emo- Since 1989, the year the U.S. Supreme every stripe on this flag was bought tion? Perhaps it is the high price this Court struck down state laws banning Nation has paid for the honor of flying through their sacrifice. desecration of the flag, 49 of our 50 Mr. President, as I walked to the it. States have passed resolutions direct- Fifty-three thousand Americans gave Capitol this morning and saw the flags ing Congress and their State legisla- on either side of the great dome flap- their lives defending this piece of cloth tors to support a flag protection in World War I; 292,000 Americans in ping in a gentle breeze, I knew I could amendment. not stand here today, cold and analyt- the Second World War; 33,000 Ameri- Our legislation restores to the States ical, and pretend I did not have a stake cans in Korea; 47,000 Americans in the right snatched away from them by in this emotional debate. Vietnam; most recently, 138 Americans the court to enact flag-protection laws. It is average Americans like me who gave their lives defending this piece of It does not force the States into action. cannot understand why anyone would cloth in the Persian Gulf war. It does not set punishments. It says burn a flag. It is Americans like me And when the bodies of those defend- simply that ‘‘the Congress and the who cannot understand why the Senate ers of freedom were returned home, it States shall have power to prohibit the would not act decisively, overwhelm- was this piece of cloth atop their cas- physical desecration of the flag of the ingly, to pass an amendment affording kets that caught and cradled the tears United States.’’ of their loved ones. This amendment returns to the peo- our flag the protection it deserves. I know in my heart that this simple In my heart, I know that the men ple the power to pass the flag-protec- piece of cloth is worthy of constitu- and women who sacrificed everything tion laws they feel are appropriate for tional protection, and I urge my col- they had to give on behalf of this flag their communities. and the ideals it represents would be Of course, there are those who are op- leagues to search their own hearts and heartsick to see it spit upon, trampled posed to this amendment, individuals support Senate Joint Resolution 31. I yield the floor, and I suggest the ab- over, burned, desecrated. who do not believe the people can be sence of a quorum. This is so much more than just an- entrusted with the responsibility of The PRESIDING OFFICER. The other piece of cloth. amending the Constitution. They think clerk will call the roll. Mr. President, in a nation like ours Congress should play the role of protec- The legislative clerk proceeded to that celebrates diversity, there is little tor, a guardian body that exists to save call the roll. that ties us together as a people. We the people from their own foolishness. Mr. BROWN. Mr. President, I ask come from different nationalities. We It is not something we enter into unanimous consent that the order for practice different religions. We belong recklessly, but it is the right of the the quorum call be rescinded. to different races. We live in different people to amend their own Constitu- The PRESIDING OFFICER (Mr. corners of this immense Nation, speak tion. Our Founding Fathers were wise THOMPSON). Without objection, it is different languages, eat different foods. enough to understand that times and so ordered. There is so much that should seem- circumstances change, and a Constitu- f ingly divide us. But under this flag, we tion too rigid to bend with the times are united. was likely to break. They created the HOUSING FOR OLDER PERSONS Far from being just a piece of cloth, amendment process for that very pur- ACT the flag of the United States of Amer- pose. We amend the Constitution when Mr. BROWN. Mr. President, I ask ica is a true, national treasure. Be- circumstances tell us we must. unanimous consent that the Senate S 18064 CONGRESSIONAL RECORD — SENATE December 6, 1995 now turn to consideration of Calendar The PRESIDING OFFICER. Is there with having children. Frankly, families No. 231, H.R. 660. objection? with children sometimes prefer not to The PRESIDING OFFICER. The Mr. BROWN. Mr. President, for clari- have the complaints about their activ- clerk will report. fication, I ought to note the amend- ity as well. The legislative clerk read as follows: ment that is referenced is the commit- H.R. 660 is intended to clear up this A bill (H.R. 660) to amend the Fair Housing tee amendment. problem. It is intended to make the law Act to modify the exemption from certain The PRESIDING OFFICER. Without clear and workable, and to stabilize the familial status discrimination prohibitions objection, it is so ordered. The Senator original exemption Congress created granted to housing for older persons. from Colorado. for senior housing. The PRESIDING OFFICER. Is there Mr. BROWN. Mr. President, the Civil In other words, what we are dealing objection to the immediate consider- Rights Act of 1968 was passed specifi- with here is making the law clearer ation of the bill? cally to prohibit discrimination on the and more workable for seniors. This There being no objection, the Senate basis of race. Title VIII of the act was bill aims to protect seniors so that proceeded to consider the bill, which the Fair Housing Act. It prohibited dis- they can, if they wish to, move into had been reported from Committee on crimination on the basis of ‘‘race, housing where they are protected in the Judiciary, with an amendment to color, religion or national origin’’ for their safety and their privacy. strike all after the enacting clause and any sale of housing, rental of housing, H.R. 660 will clarify the law and put inserting in lieu thereof the following: financing of housing, or provision of in place a bright line test for senior SECTION 1. SHORT TITLE. brokerage services. housing. The test is: First, the housing This Act may be cited as the ‘‘Housing for The housing practices in which dis- is intended and operated for seniors; Older Persons Act of 1995’’. crimination is prohibited include the second, there is an actual 80 percent SEC. 2. DEFINITION OF HOUSING FOR OLDER following: Sale or rental of a dwelling, occupancy rate of the occupied units; PERSONS. provision of services or facilities in third, the intent is manifested by pub- Section 807(b)(2)(C) of the Fair Housing Act connection with a sale or rental of a lished policies of the housing commu- (42 U.S.C. 3607(b)(2)(C) is amended to read as nity; and fourth, the housing commu- follows: dwelling, steering any person to or ‘‘(C) intended and operated for occupancy away from a dwelling, misrepresenting nity complies with HUD rules. If that by persons 55 years of age or older, and— availability of dwellings, discrimina- is met, then senior housing is safe from ‘‘(i) at least 80 percent of the occupied tory advertisements, and charging dif- lawsuit. units are occupied by at least one person ferent fees provided and different bene- This revision, this clarification, who is 55 years of age or older; fits. passed in the House of Representatives ‘‘(ii) the housing facility or community 424 to 5. It was overwhelming. It is the publishes and adheres to policies and proce- The 1974 Fair Housing Act, or title VIII of the Civil Rights Act, was least we can do to give senior citizens dures that demonstrate the intent required the help they both desire and merit. under this subparagraph; and amended to prohibit discrimination on ‘‘(iii) the housing facility or community the basis of sex. In 1988, the Fair Hous- Frankly, this kind of abuse that senior complies with rules issued by the Secretary ing Act was amended again to prohibit citizens have been subject to from the for verification of occupancy, which shall— discrimination on the basis of being bureaucracy with regulations ought to ‘‘(I) provide for verification by reliable sur- handicapped or familial status, which end. We ought to have rules that a rea- veys and affidavits; and sonable person can understand and deal ‘‘(II) include examples of the types of poli- means living with children under 18. That is, the 1988 Fair Housing Act pro- with. What we have been subjected to cies and procedures relevant to a determina- in the existing regulations that have tion of compliance with the requirement of hibition of discrimination on the basis come down is flatly an effort to thwart clause (ii). Such surveys and affidavits shall of living with children under 18 in- the will of Congress, not an effort to be admissible in administrative and judicial cluded an exemption ‘‘for housing for deal reasonably with the problem. proceedings for the purposes of such verifica- older persons.’’ In other words, H.R. tion.’’. The reality is, we would not have 660, which enables housing for older this bill before us today if we had not SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE; persons, is not a new idea. This debate DEFENSE AGAINST CIVIL MONEY had some Federal regulators that had DAMAGES. is really about refining the original simply tried to thwart the original in- Section 807(b) of the Fair Housing Act (42 one. tent of Congress. We would not have U.S.C. 3607(b)) is amended by adding at the To meet the definition for housing this bill before us if the bureaucrats end the following new paragraph: for older persons under current law, ‘‘(5)(A) A person shall not be held person- had simply tried to deal with this prob- the housing must be intended for occu- lem in a way that was less cumbersome ally liable for monetary damages for a viola- pancy by persons 55 years or older, tion of this title if such person reasonably and less difficult. relied, in good faith, on the application of where there are ‘‘significant facilities I should point out that not only is the exemption under this subsection relating and services’’ designed to meet the this bill something that passed the to housing for older persons. physical or social needs of older per- House by 424 to 5, but reasonable ef- ‘‘(B) For the purposes of this paragraph, a sons. forts have been made in this Chamber person may only show good faith reliance on Interpreting and implementing the to modify the bill to further obtain the application of the exemption by showing ‘‘significant facilities and services’’ consensus. We have accepted sugges- that— standard has been very troublesome. In ‘‘(i) such person has no actual knowledge tions made by Senator SIMON and oth- that the facility or community is not, or will other words, it has been a pain in the ers which address their concerns. What not be, eligible for such exemption; and neck because it has been vague, it has comes out of committee and what is ‘‘(ii) the facility or community has stated been difficult, it has spawned litigation available for the Senate to consider, formally, in writing, that the facility or and created confusion. For the last 7 therefore, is a bill that I think Mem- community complies with the requirements years, it has been unclear what ‘‘sig- bers will be comfortable in voting for for such exemption.’’. nificant facilities and services’’ means. and will feel they can report to their Mr. BROWN. I further ask unanimous There have been so many lawsuits that constituents: We have cleaned up the consent the bill be considered under the exemption Congress intended is law, we have clarified the law, we have the following limitation: 1 hour for de- fast being revoked in fact. ended some unnecessary and unreason- bate on the bill to be equally divided Mr. President, the way bureaucrats able regulatory burdens and given a between Senator BROWN and Senator have administered this provision would reasonable, clear definition to protect BIDEN, that no amendments be in order make the people who came up with the the interests of senior citizens. to the bill with the exception of one Mississippi literacy test proud. It acts Mr. President, at this point I yield amendment, and that following the ex- as a bar to the reasonable provisions of the floor and I suggest the absence of a piration or yielding back of debate the law that were intended to make quorum and ask unanimous consent time, the committee amendment be housing available for families with that the time of the quorum call be agreed to, the bill be read a third time, children while continuing to allow charged equally to myself and the Sen- and the Senate proceed to a vote on housing for older persons. The fact is, ator from Delaware. passage of the bill with no intervening some older people do prefer not to have The PRESIDING OFFICER. Without action or debate. the noise and the trauma that go along objection, it is so ordered. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18065 The clerk will call the roll. extend this housing privilege to normal municated with me. Groups like the The legislative clerk proceeded to seniors in this country. Arizona Association of Manufactured call the roll. At this point, I yield 8 minutes of my Homeowners and their 25,000 home- Mr. BROWN. Mr. President, I ask time to the distinguished Senator from owners, Adult Action of Arizona and unanimous consent that the order for Arizona. their 42,000 homeowners, Fountain of the quorum call be rescinded. Mr. KYL. I thank the Senator. the Sun Homeowners, Arizona Manu- The PRESIDING OFFICER. Without Mr. President, I certainly have been factured Housing Institute, Sun Lakes objection, it is so ordered. privileged to work with the Senator Homeowners, Yuma East Owners Asso- Mr. BROWN. Mr. President, I ask for from Colorado in supporting this very ciation, Ellenburg Capital Corp., and the yeas and nays on H.R. 660. important piece of legislation and Fountains Retirement Properties, The PRESIDING OFFICER. Is there a would like to reiterate at the very out- these and others have contacted me in sufficient second? set precisely what we do here and why. support of this. There appears to be a sufficient sec- This bill, as the Senator from Colorado Real estate agents—the National As- ond. has noted, eliminates many of the sociation of Realtors—and housing de- The yeas and nays were ordered. problems that senior communities have velopment firms all favor this bill. Mr. BROWN. Mr. President, I suggest experienced over the last decade, and I AARP has written a letter to the chair- the absence of a quorum and ask that think everyone recognizes that my man of the committee, Senator HATCH. the time under the quorum call be State of Arizona was really a pioneer I ask unanimous consent that the charged equally to both sides. in the creation of these senior commu- letter of the AARP in support of this The PRESIDING OFFICER. Without nities. They know who they are, and legislation be printed in the RECORD at objection, it is so ordered. they do not need the Department of the conclusion of my remarks. The clerk will call the roll. Housing and Urban Development de- The PRESIDING OFFICER. Without The legislative clerk proceeded to signing a set of criteria such that the objection, it is so ordered. call the roll. Senator from Colorado has just pro- (See exhibit 1.) Mr. BROWN. Mr. President, I ask vided us with to define them as a sen- Mr. KYL. Many of these constituents unanimous consent that the order for ior community. argue that the rule defining ‘‘signifi- the quorum call be rescinded. Believe me, if you go to Arizona and cant facilities and services’’ increases The PRESIDING OFFICER. Without you are in one of these communities, the costs to their housing and tells objection, it is so ordered. you are fully aware that that is where them how to live. And that is the ob- Mr. BROWN. Mr. President, the point you are. But under current law, these jection I think in addition to the com- of this bill is to deal with a problem in communities must follow these HUD plexity of complying with these HUD seniors housing communities that is guidelines or regulations in order to regulations. created up by the ludicrous HUD regu- qualify for the exemption. The bill re- These individuals have complained lations which this Congress directed peals this so-called significant facili- that some senior housing complexes but which had earlier been rejected and ties requirement, simplifying the proc- are being hit with unfair discrimina- the new ones which I think strain the ess by which legitimate seniors-only tion lawsuits because of confusion imagination. facilities will gain the exemption. about which housing qualifies for the The problem that the seniors housing To obtain the exemption, the bill exemption from the antidiscrimination exemption could only be allowed for fa- only requires that 80 percent of the housing statute. cilities that were designed for the very households in a community have in Why is this bill important? wealthy. So we have a circumstance residence at least one person over the Although the ‘‘significant facilities where, if you followed the existing age of 55. That is the requirement. and services’’ provision was well in- HUD regulations, the rich could enjoy If the community publicly states and tended—it was designed to protect fam- the exemption but the normal seniors can prove that 80 percent of its units ilies with children from discrimination could not. have one or more occupants age 55 or in housing, which we all support, of Let me, for those Members who find older, then it would pass the adults- course—the exemption has made the that hard to believe—and I must say I only housing test and qualify for an ex- lives of seniors unnecessarily difficult. find it hard to believe—mention some emption from the Fair Housing Act’s Fewer regulations and restrictions of the standards that HUD put forward antifamily discrimination rule even if would allow senior communities to op- in regulations that they suggested sen- it lacked the significant facilities as erate more efficiently and freely. Is it iors must have in order to qualify for defined by HUD. too much to ask that the seniors of our the exemption: In addition, to reduce abusive litiga- country be allowed to live without in- T’ai chi classes, swim therapy, tion, the bill allows that realtors and trusion into their lives by the Federal macrame classes, fashion shows, regu- developers may show good-faith reli- Government? larly offered CPR classes, and vacation ance on the seniors-only exemption if Most senior citizens I know are inde- house watch. such person has no actual knowledge pendent and highly capable. They do How many normal seniors do you that the facility or community is not not want to pay extra to have some- know who have a need for that? or will not be eligible for such an ex- body read to them. They do not want Pet therapy services. emption, and the facility or commu- or need to be told by the Federal Gov- Are these things that you ought to nity has stated formally in writing ernment how often they have to have have in a program to qualify for a nor- that the facility or community com- bingo made available to them in their mal exemption? plies with the requirement for such ex- housing complex. Ping-pong, pool table, shuffleboard, emption. By increasing the price of rent in horseshoe pits, golf courses. Now, who supports this legislation? senior facilities, these regulations in These are things the average senior Fortunately, just about everybody. I effect discriminate against low-income would find extravagant. have received literally hundreds of let- seniors, as the Senator from Colorado Lawyers’ offices, lifeguards, swim- ters of support from seniors living in has pointed out. ming or water aerobic instructors, these communities. Many of the com- There is one other thing that I would dance and exercise instructors, craft munity coordinators have expressed like to say because there is an argu- instructors. support to us. Due to HUD’s stringent ment that the Housing and Urban De- I mention these because they are in ‘‘significant facilities’’ regulations, it velopment Department recognized the the HUD guidelines. I mention them is the fact that a few of these commu- problems with its regulations and also to make this point: HUD designed nities have actually lost their seniors therefore sought to relieve some of the guidelines that, for the normal seniors exemption. burden by revising and imposing a new in this country, became exorbitantly Constituents from Mesa, Tucson, set of regulations. expensive, and it was part of an effort Golden Valley, Green Valley, Scotts- I almost did not use the word ‘‘im- by HUD, I believe, to simply do away dale, Sun City, Yuma, Dreamland Villa posing,’’ but that is what it is. And I with the seniors exemption that would Community, and Phoenix have all com- think the point of this legislation is to S 18066 CONGRESSIONAL RECORD — SENATE December 6, 1995 say, ‘‘Nice try, but you still have not AARP believes that age-specific housing pire area including Riverside and San solved the problem.’’ should be preserved as an important service Bernardino Counties, which have tradi- This most recent rule of HUD revis- to many older persons. Congress recognized tionally been retirement communities ing the ‘‘significant facilities and serv- at the time the Fair Housing Amendments catering to all income levels of sen- Act was passed that the standards estab- iors—from low-income mobile home ices’’ regulation really does not answer lished to meet the statute’s exemption for the problem. housing for older persons would have to be parks to lavishly planned, full service One of my constituents, Susan clear, workable, and flexible enough to be retirement communities. One only has Brenton, for the 25,000 Member Arizona applicable to the wide array of housing, resi- to drive along Interstate 10, from Los Association of Manufactured Home- dents, and abilities to pay in the elderly Angeles to Phoenix, to see the many owners Group, stated, ‘‘The new rule is housing market. Unfortunately, promulgat- billboards advertising these retirement still very nebulous and leaves a lot of ing and enforcing clear and workable stand- communities. areas open to court decisions and each ards has proven to be nearly impossible. Ef- Previously, these 55-and-over com- court case costs the residents of the forts to clarify the statute’s requirement of munities have been known as adults ‘‘significant facilities and services’’ have only communities. However, during community thousands of dollars.’’ been undertaken in three rulemakings under The new regulations state that com- two Administrations. consideration of the Fair Housing munities that provide at least 2 serv- While AARP applauds HUD’s most recently Amendments of 1988, in an attempt to ices each from 5 of 12 categories all de- issued rule—a significant improvement over combat discrimination against families fined by HUD qualify for the exemp- its proposed rule of July 1994—the Associa- with children, adults only communities tion. But these services are really quite tion has come to the conclusion that the were called into question. frivolous, and they raise the costs to complex and seemingly contradictory statu- In turn, Congress decided to preserve residents. This is what the Senator tory provisions defining housing for older adults only communities, which pre- persons have made equitable enforcement from Colorado was just quoting from, viously housed seniors, with the new very difficult, if not impossible. Our Legal designation of ‘‘55-and-over.’’ One of Mr. President. Counsel for the Elderly office was unable to These so-called easier regulations are find any successful defense of a claim of ex- the requirements for this designation really at the end of the day not much emption for housing for older persons among was that communities must have ‘‘sig- of an improvement. HUD’s attempt at cases receiving judicial review. When cou- nificant facilities’’ in order to qualify. revising its statistics have only pled with significant anecdotal evidence of The Department of Housing and Urban trivialized what qualifies as a ‘‘signifi- rather arbitrary decisions by fair housing in- Development did not develop rules for cant service.’’ Clearly, HUD needs some vestigators, the conclusion is inescapable ‘‘significant facilities,’’ however, until that implementation of the law has not been 1991. Unfortunately, these rules proved help in fixing the problem that it fully consistent with the flexibility intended by acknowledges exists—regulatory over- to be very controversial and resulted in Congress. Indeed, widespread dissatisfaction several expensive law suits being reach in senior housing—but we think with the statute’s enforcement threatens the the way to solve the problem is to very viability of the important new protec- brought by HUD against the very com- eliminate the ‘‘significant facilities tions provided in the Act. munities Congress had intended to pro- and services’’ requirement altogether, AARP appreciates the leadership of your tect. and that is what H.R. 660 does. Committee and the work of Senators Gorton The most controversial point had to Mr. President, in conclusion, this leg- and Kyl in addressing this issue. If we can be do with the definition and differing in- of any further assistance, please do not hesi- islation has received not only wide sup- terpretations by the courts and HUD as tate to have your staff contact Don Redfoot to what constituted ‘‘significant facili- port from States like mine which have of our Federal Affairs staff at 434–3800. a lot of senior communities, but as you ties.’’ Did it mean that there had to be Sincerely, a 24-hour, on-site medical facility, for know, it has wide support around the MARTIN CORRY, example, or, could shuffleboard or country. It has significant support in Director, Federal Affairs. other planned activities suffice? the Senate. It passed out of our Judici- Mr. BOND. Mr. President, I rise in Last year, due partially to concerns ary Committee with virtual unanimity, support of H.R. 660, the Housing for expressed by my office, former Depart- and I am sure it will be adopted by this Older Persons Act of 1995. This legisla- ment of Housing and Urban Develop- body in very short order, again, with tion recognizes that elderly housing is ment Assistant Secretary for Fair virtual unanimity. special housing for seniors, that the el- Housing and Equal Opportunity Ro- What we will be saying to the senior derly are a special population that de- berta Achtenberg conducted hearings communities of our country is that we serve to live in housing reserved for the around the country, including one in heard you when you let us know that elderly, and that this legislation does San Bernardino County. From what I these regulations were too costly, too not constitute discrimination against understand, communities were pleased burdensome and really in a sense too families. with the outcomes of the hearings, and frivolous, and therefore the Congress is HUD recently published regulations eventually, HUD developed new rules not incapable of acting to correct a to clarify what constitutes elderly which lessened the definition of ‘‘sig- problem like this in order to make housing. HUD published these regula- nificant facilities.’’ your lives a little easier. That is what tions because the Congress in the Hous- Still, cities have been anxious for we will have done when we pass this ing and Community Development Act Congress to adopt H.R. 660, to perma- important legislation. of 1992 required HUD to clarify what nently eliminate the ‘‘significant fa- Again, I commend my colleague from constitutes elderly housing. I remind cilities’’ requirement. Take for exam- the State of Colorado for bringing the my colleagues that HUD has failed for ple, in my state of California, the city legislation forth and for getting it to years to provide the proper guidance of Hemet. the floor so that we can see this job and leadership on what constitutes el- In the city of Hemet, 50 percent of its through and get it done before the end derly housing, despite confusion and housing is 55-and-over communities. of the year. costly litigation over this issue. More- Removing the seniors-only status and I thank the Chair very much and re- over, the new HUD regulations remain requiring these communities to absorb serve the remainder of whatever time I sorely lacking. It is time that we pro- families with children will result in a did not use. vide clear guidance on what con- dramatic shortage of classroom space, EXHIBIT 1 stitutes elderly housing and I urge my and the tax-base. Demographics are AARP, colleagues to support H.R. 660. such that the financing of new school Washington, DC, October 23, 1995. Mrs. FEINSTEIN. Mr. President, I construction, in a city that was Hon. ORRIN HATCH, rise today in support of H.R. 660, the planned as a retirement community, Chairman, Committee on the Judiciary, Senate Housing for Older Persons Act of 1995. would not be possible. Dirksen Office Building, Washington, DC. The main thrust of this legislation is Adoption of H.R. 660 will preserve ex- DEAR MR. CHAIRMAN: I am writing on be- half of the American Association of Retired to remove the requirement for signifi- isting 55-and-over communities, and Persons (AARP) to express our continuing cant facilities at 55-and-over commu- will clarify, once and for all, congres- support for the Housing for Older Persons nities. sional intent with respect to protecting Act of 1995 (H.R. 660) and to urge its imme- This has been a major issue in Cali- senior housing in retirement commu- diate consideration and passage. fornia, particularly in the Inland Em- nities. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18067 Although discrimination against residents in Berkeley, CA. HUD’s ac- partment’s attempt at clarification. families with children should not be tions were a blatant violation of their This is an area of law that is crying for tolerated, when a community has been right to freedom of speech. HUD’s legislative relief. I believe, as do my planned specifically as a retirement abuse was so bad that they dropped the constituents, that the Department’s community, and at least 80 percent of suit and promised they wouldn’t do it rules go too far in mandating that all its residences house senior citizens, as again. HUD even issued new guidelines ‘‘55 and over’’ communities provide ex- this bill requires, then I believe those on the subject so it couldn’t happen pensive facilities and services and communities should have a right to be again. make these services accessible to older preserved as senior housing. But, not long ago, HUD has done it persons. Clearly, Mr. President, pri- Mr. FAIRCLOTH. Mr. President, I again. HUD is investigating five Cali- vately owned and operated ‘‘55 and strongly support H.R. 660. This legisla- fornians who went to court to get a re- over’’ communities catering to low- tion will eliminate many of the prob- straining order against a group home and moderate-income seniors cannot be lems that senior communities have for the developmentally disabled that expected to have the same facilities faced over the last several years, par- was planned for their neighborhood. and services as federally funded hous- ticularly from HUD’s excessive rules Mr. President, the issue is not wheth- ing projects. interpreting the Fair Housing Act. er the location for this group home is Seniors of all incomes deserve pro- Mr. President, unfortunately, this is proper, that issue can be decided by the tection. As noted in the Senate report not the only problem that arises from courts. The issue is freedom of speech. to H.R. 660, ‘‘poorly drafted regulations interpretations of the Fair Housing I believe anybody has the right to have discouraged or outright denied Act. In August of this year, I intro- speak their mind and to take legal ac- seniors housing.’’ With the overwhelm- duced legislation, S. 1132, to address tion against what they think is an in- ing passage of H.R. 660, the U.S. Senate two significant problems. justice. HUD has taken the opposite has stopped this practice. The U.S. First, S. 1132, would prevent HUD view in this debate. I think this is Senate took a stand on behalf of our from investigating and even suing peo- wrong and needs to be clarified in law seniors, and their right to fair, safe, ple who protest the establishment of by amending the Fair Housing Act. and equitable housing. group homes in their communities. Mr. President, I offer strong support Mr. BROWN. Mr. President, let me S. 1132 would also overturn a recent for H.R. 660, but would hope that in the repeat what is at issue. Supreme Court ruling in City of Ed- near future, the Senate would consider The way the HUD rules operate is monds versus Oxford House, by allow- other changes to the Fair Housing Act, that senior citizens are not allowed to ing localities to zone limits on the particularly those in S. 1132. I hope have a community by themselves un- number of unrelated persons living to- that we can make these reforms to the less they had some facilities that were gether if the zoning scheme is designed Fair Housing Act because we need to laid out by HUD, and they were things to preserve a single family neighbor- preserve this act to prevent real dis- like access to swimming pools, acces- hood. crimination, but we do not need to use sible club house, private fishing pond, a In that case, a home for 10 to 12 re- the act to pursue a far, far left agenda hair salon, a golf course, lawyer’s of- covering drug addicts and alcoholics that defies common sense, and silences fice, a vacation house watch, pet ther- was located in a single family neigh- free speech. apy services, tool loan services, regu- borhood. The city tried to have the Mr. GORTON. Mr. President, today larly offered CPR classes, fashion house removed because it violated the we passed a significant bill which will shows, craft classes in making jewelry, city’s local zoning code that placed remove the burdensome bureaucracy of a variety of classes including t’ai chi or limits on the number of unrelated per- the Federal Housing and Urban Devel- swimming therapy. sons living together. The Supreme opment Agency off the backs of Amer- What they came up with in the HUD Court ruled that the Fair Housing Act ican seniors. In this bill, which I origi- rules was a flat rule that said if you was violated by this zoning law. nally introduced in the Senate during are not rich and cannot afford these ex- I think the Supreme Court ruled in- the 103d Congress, we take significant traordinary services, we are not going correctly in this case. The Congress steps to provide fair, safe, and inde- to let you live together. clearly intended an exemption from pendent housing for Americans over Mr. President, that is not right. Sen- the Fair Housing Act regarding the the age of 55. I have received thousands iors in this country deserve an oppor- number of unrelated occupants living of letters from concerned residents of tunity to have reasonable rules. That together. My bill would clarify that lo- ‘‘55 and over’’ communities in Washing- is what this bill does. It has reasonable calities can continue to zone certain ton. regulations, and it is a reasonable areas as single family neighborhoods, Today, law provides for people over guideline that repeals some very unrea- by limiting the number of unrelated the age of 62 to be provided with spe- sonable regulations. It has the over- occupants living together. I think fam- cial housing arrangements. The quali- whelming support of seniors around ilies should be able to live in neighbor- fications for a senior housing develop- this country, the overwhelming sup- hoods without the threat that certain ment are simple: A community for per- port of the House. And I strongly urge types of group homes—which may be sons age 62 and older is required to its adoption. unsuitable for single family neighbor- have all residents age 62 or older. In Mr. President, we are now at a point hoods—can move in next door and re- 1988, Congress also legislated that com- where the proponents of the bill have ceive the protection of the Fair Hous- munities with citizens 55 or older used much of their time. I suggest the ing Act. would qualify as ‘‘housing for older absence of a quorum and ask that the But the most important point is this persons,’’ provided those communities time that is consumed in the quorum one: Decisions about zoning should be met three requirements: 80 percent of call be equally divided, except that at made at the local level and not in the housing units must be occupied by least 5 minutes remain usable at the Washington. If a locality wants to per- at least one person age 55 or older; a end of the debate for the proponents of mit group homes in a certain area—it community must show in its advertis- the bill. can do so without HUD interfering in ing, rules, regulations and leases that The PRESIDING OFFICER. Without the decision using the Fair Housing it intends to serve people over the age objection, it is so ordered. The clerk Act as cover. of 55; and the community must provide will call the roll. Mr. President, my bill would also ‘‘significant facilities and services’’ to The legislative clerk proceeded to correct the abuses of the Fair Housing its residents. call the roll. Act by the Clinton administration. In It’s those words: ‘‘Significant facili- Mr. BIDEN. Mr. President, I ask the past 2 years, HUD has taken to in- ties and services’’ which have proven to unanimous consent that the order for vestigating people under the Fair be so problematic. HUD tried to tell us the quorum call be rescinded. Housing Act who have protested group what ‘‘Significant facilities and serv- The PRESIDING OFFICER. Without homes coming into their neighbor- ices’’ meant—it received over 15,000 objection, it is so ordered. hoods. The most well known of these comments, all expressing continued Mr. BIDEN. Mr. President, par- cases was the incident involving three confusing and puzzlement over the De- liamentary inquiry. I wish to speak in S 18068 CONGRESSIONAL RECORD — SENATE December 6, 1995 opposition to this bill. Is there time for they needed special dining facilities, categories. If a facility provides a mere me to do that? And under whose con- where there was some type of extended 10 of them, like wheelchair accessibil- trol is the time? care, where it was in fact designed for ity, communal recreation facilities, The PRESIDING OFFICER. The Sen- elderly persons who in fact physically periodic vision or hearing tests or fel- ator controls 23 minutes in his own needed this special circumstance or lowship meetings, it qualifies as a sen- right. emotionally needed this special cir- ior housing project and may exclude Mr. BIDEN. I thank the Chair very cumstance, but not just because all of families with children. much. a sudden we have become trendy and I want to make it clear to seniors Mr. President, this bill, in my view, decided that kids are kind of in the who are not happy with me about this, retreats from the commitment we way. I do not even think that is stringent made to families with children. In 1988, If we are going to exclude children, enough, but at least it attempts to Congress said that America’s housing we said, you have to be an organized make the distinction. providers should not be able to dis- community providing significant facili- If a facility’s status is challenged, it criminate against families with chil- ties and services. This ‘‘significant fa- need only show that the certification dren. We did this in the face of wide- cilities and service’’ requirement was was accurate at the time of the alleged spread evidence that such discrimina- put into law for, as I have said, a very violation. The list of facilities and tion against families with children ex- good reason, put there to distinguish services included in the new rule was isted. between true senior communities and drawn from amenities actually pro- We spent a lot of time on this floor— those that just think children are a vided by a wide cross-section of senior and I participated and have for the pain in the neck. We recognized that housing developments across the coun- years I have been here—talking about something other than an animus try, large and small, affluent and less discrimination against minorities, against children must set these com- well off, manufactured housing com- talking about discrimination against munities apart in order to meet an ex- munities, condominiums and single- the elderly, talking about all forms of emption from the Fair Housing Act. family communities. discrimination, as we should, as we I understand that what constitutes In testimony before Senator BROWN’s should. But in my view, we spent pre- significant facilities and services has subcommittee, a representative from cious little time on this floor talking been a matter of a great deal of con- the Department of Housing and Urban about what is a mounting form of dis- troversy and uncertainty over the Development testified to the extreme crimination, discrimination against years, and I have not been satisfied, be- flexibility and cost consciousness built children, because some people find cause I have not believed that we set into the new guidelines. Here is what them inconvenient, inconvenient to be down stringent enough requirements to he said, and I quote: around. exclude—exclude—families with chil- The rule does not assume that people liv- In 1988, Congress said that America’s dren. ing in housing for older persons are frail, dis- housing providers should not be able to Heck, there are communities who let abled or require nursing home care. It does discriminate against children as well dogs in, let people have dogs, but will not require congregate dining or on-site as against blacks or Hispanics or peo- not let people have children. And so, medical care. The facility and services may ple based on their religion or based on significant facilities and services, as I be provided on or off the premises of the their gender. We took this action be- indicated, have been a matter of much housing. cause we wanted to prohibit all-adult controversy. Let me add, I think it should require housing communities just as we had Also understand, the Department of those things. But they may be provided prohibited all-white housing commu- Housing and Urban Development has by staff, volunteers, including resi- nities in 1968 with the passage of the taken many different stabs at the defi- dents and neighbors, or by third par- Fair Housing Act in the first place. nition which has led to confusion and ties, such as civic groups or existing Even as we said no discriminating has made it difficult for those trying to organizations in the community. against families, we also carved out an comply with the law. The new regulation does not require exception for legitimate retirement Mr. President, none of that, in my lavish services, nor do the mandated communities which catered to the spe- view, should lead us to abandon the facilities, affordable only by the well- cial needs—not just desires, needs—and basic principle: If you are going to be heeled; rather, they simply embody requirements of the elderly. The dis- able to discriminate against families, what is already being offered by bona tinction we made then, and which I you should be special, you should be fide senior communities of all sorts stand by now, is this: You cannot just serving the special needs of seniors. across the map. If a facility is provid- keep children out because you do not This principle should remain our guide- ing at least 10 of the 114 facilities or like them, you cannot just keep chil- post more now than ever, especially services on the list, it qualifies for an dren out because you do not want tri- since the Department of Housing and exemption, a self-designated exemp- cycles around, you cannot just keep Urban Development has just recently tion. children out and families with children promulgated completely revised regu- The bill’s supporters say the bill will out because it is inconvenient and you lations which resolve the confusion and make it easier and surer for a housing do not like it. make it much easier and clearer for community to determine whether it If you are going to exclude children, senior housing communities to take qualifies for a fair housing exemption, we said, you must be an organized com- advantage of the exemption. and they are absolutely right about munity providing ‘‘significant facili- The Department, many now agree, that. It makes it a lot easier. They do ties and services’’ designed to meet the has finally gotten it right. Under the not have to be a senior facility. They physical and social needs of the elder- new regulations, which went into effect can just not like kids. They can just ly. Or put another way, a lot of old September 18 of this year, a housing fa- not like kids around. folks like me—I am 53 now—get to- cility can self-certify. It is amazing, we What kind of message are we sending gether and say, ‘‘We’re tired of having do not let many other folks self-certify to families with children, most of kids around and we’re going to have that it falls under the Fair Housing whom are breaking their necks just this gated community that X percent Act exemption by simply filling out a making it? What are we saying? We of us are over the age of 50, and we can straightforward, easy-to-understand want to make it easier for you to have prevent someone from moving in who checklist of facilities and services de- a rationale to keep me out of that com- has kids.’’ signed for older folks, which, I add, I do munity with my 14-year-old daughter? Well, I tell you what, I think that— think is too lenient, not too strong. My I think it is outrageous—I acknowl- and by the way, there was ample evi- staff does not like me to say that, but edge, I am the only one who seems dence in the hearings we held then that that is what I think. I think it should upset about this; no one else is here to that is just what was being done. What be more stringent, if you are a senior speak against it, that I am aware of— we were not concerned about is a com- community meeting the exemption. unless they want to make it even easi- munity for the elderly with special But the checklist contains a menu of er and just say it is not in vogue to needs where they needed ramps, where some 114 facilities and services in 11 have kids: ‘‘If you have kids, go off and December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18069 live by yourself.’’ The other folks I just think this is wrong. I think it not served the American people. To should go off and live by themselves, is dead wrong. But I am going to lose. suggest that to have senior housing and if the kids want to follow, so be it. I just want to make sure when my chil- units, you have to have to have access Think about it for a minute. dren and grandchildren read this, they to swimming pools or hair salons, or Let us say that a complex contains will know their old man and their access to a clubhouse, or life guards, or 100 units; that all of these are occupied grandfather meant what he said. exercise instructors, or crafts instruc- by two people; and that 80 percent are The only important thing—the only tors, or golf courses, or a lawyer’s of- occupied by at least one person over important thing—in this whole outfit fice, or polka and ballroom dancing in- the age of 55. In this hypothetical com- is kids. That is the only important structors, or fashion shows, is simply munity, it will be able to lawfully dis- thing. All the rest is insignificant. And to recognize what they have done with criminate against families with chil- when we allow people to say, ‘‘No kids these regulations. They have said that dren under this bill if as few as 80 resi- here,’’ it is like we say, ‘‘No dogs you have to be rich to qualify for sen- dents of the 200 of them are over the here,’’ it is like we say, ‘‘No blacks ior housing. age of 55, while 120 could be under the here.’’ That is just wrong, unless there Mr. President, the reality is this: The age of 55, and we could put up a sign: is a real good and compelling reason majority of Americans who retire do ‘‘No children allowed.’’ for it. The fact you are over 55 and 80 not have a lot of extra money and a lot They probably all call themselves out of 200 people in a community over of them cannot afford these things. great Americans, too, by the way. They 55, that ‘‘ain’t’’ good enough for me. What we have done is come up with all talk about how they care about I yield the floor. HUD regulations that are reserved for families, and they may even go visit The PRESIDING OFFICER (Mr. the very rich, and that is silly and their grandchildren and pat them on ABRAHAM). Who yields time? wrong, and it ought to be corrected. the head on their birthdays and Christ- Mr. BROWN. Mr. President, I yield This bill does that. This bill is about mas. What does that say, if you can myself 2 minutes. I want to pay tribute expanding freedom, about giving sen- build a community where 80 out of 200 to my very thoughtful colleague from iors choices. I think it is a wise meas- people living in the community are Delaware. His comments are heartfelt, ure. It is why the House passed it by over 55 and you can say ‘‘no kids’’? If and I know he is very sincere. I know such an overwhelming margin. we want population control, this may his concerns come from a genuine in- A concern that has been raised about be one of the indirect ways of going at terest in seeing that the irrationality H.R. 660 is whether it requires a seniors it. of discrimination does not pervade our community to be intended for 100 per- To my mind, the math just does not society, and that we evaluate and work cent occupancy by people over the age add up to fairness for families and chil- with each other on the basis of reason- of 55. Section 807 (b)(2)(C) states that dren. I believe this bill will open the ableness, thoughtfulness and caring. I the housing is ‘‘intended and operated door to the very kind of discrimination want to pay tribute to him because I for occupancy by persons 55 years of we sought to outlaw in 1988, and I have a great deal of respect for him and age or older.’’ The congressional intent think it will make it just too easy for what brings him to his position. of this provision is simply that the folks to hang a sign on the door that I am persuaded that this is a good main purpose behind creating the com- just says, ‘‘No children allowed.’’ bill for a couple of reasons. One, I be- I cannot support this bill. I urge my munity is to provide housing for older lieve seniors, who have reached that colleagues not to support this bill. I re- persons. Any suggestion that this re- stage in life where they need to be in a alize that I am going to hear an awful quires the community to intend that safe, supportive environment, should lot from senior citizens about their 100 percent of the units be occupied by rights. I do not think there is anybody be allowed that opportunity. That is those 55 and older is a grave mis- on this floor who votes to protect the what the bill does. conception. the true meaning behind Second, Mr. President, I am per- rights of seniors any more than I do, this general statement is evident in the suaded that the guidelines that HUD but no senior, unless they have a phys- bill’s language, the legislative history, came up with are simply an attempt to ical or emotional problem and need, the subcommittee report, and current has a right to tell a kid they cannot make it impossible to make this ex- Federal regulations. live next door. It is just too darn bad, emption for seniors housing work, not This legislation will not require all and we are allowing it here. reasonable attempts at regulation. units in a seniors community to be in- I might add—well, I will not add any- After two administrations, three at- tended for use by persons over the age thing else, because I will just get my- tempts at regulations, four Congresses, of 55. The bill language makes it obvi- self in trouble if I keep thinking about specific Federal legislation directing ous exactly when counting occupancy it and keep talking about it. I do not HUD to fix this, countless lawsuits, nu- is critical. The bright-line standard it think this is the right thing to do. merous hearings and policy decisions, a creates clears up any confusion in de- I am sure to most, because we are so record number of constituent letters to termining what constitutes seniors busy, this is just a clarification of an agencies, the fact is that we ought to housing: At least 80 percent of the oc- existing piece of legislation. That is act and make it possible for seniors to cupied units are occupied by at least 1 how it is advertised. I respect my col- have units by themselves, if they wish person who is 55 years of age or older— league from Colorado. He is joined in it. not 100 percent and not total units—80 support for this by many of the strong- Mr. President, let me make two ob- percent of occupied units. est allies in the area of civil rights, servations. One, nobody who wants to But the general purpose of the com- many of the colleagues on this floor, be around kids, by this measure, is pre- munity, as outlined by the section in my colleagues who I tried rally a little cluded from being around kids. It does question, is to provide housing for bit about this. They seem to think I not do that. It also ought to be noted, older persons—and the definition of am kind of off. One of them even said, Mr. President, that when you have sen- what constitutes housing for older per- ‘‘BIDEN, that’s because you come from ior housing and seniors sell their home sons is that 80 percent of the occupied a big Catholic family, you keep talking and move into the senior housing, it units are occupied by persons 55 years about the size of families.’’ makes available additional units to of age and older. I do not like people who discriminate families who have children. We ought The language of the bill is clear on against kids. Period. I think it is well- to ask ourselves: where did the senior this point, and so is the legislative his- intended what is being done here, but I who moves into a seniors community tory. In 1988, Congress extended the want to tell you, if you are 55 years come from? Certainly they are Fair Housing Act to prohibit discrimi- old, ambulatory, still working, have no vacating other housing. So the process nation in housing against families with problem, live at home, have a wife or of senior housing is one that adds units children. At the same time, however, have a husband, you are hanging for family units, not subtracts from it. Congress provided for the exemption of around the house, and you are fine and Last, Mr. President, I think any ob- three different types of seniors hous- you do not have any special needs, you jective observer would look at the ing, including the one we are examin- should not be able to say a kid cannot guidelines that have come out from ing today; that is, housing ‘‘intended or move next door to you. Period. Period. HUD and understand they have simply operated for occupancy by at least one S 18070 CONGRESSIONAL RECORD — SENATE December 6, 1995 person 55 years of age or older per tentially threatening the very exist- Without objection, it is so ordered. unit.’’ ence of seniors communities. If a sen- The PRESIDING OFFICER. If there The fact that H.R. 660 does not re- iors apartment complex has 100 rooms be no further amendment to be pro- quire 100 percent occupancy for hous- available but can only find enough in- posed, the question is on agreeing to ing of persons 55 and older becomes terested seniors to occupy 90 of them, the committee amendment in the na- even more evident when one compares this bill would permit the remaining 10 ture of a substitute. this category of seniors housing with rooms to be occupied by families or The committee amendment was another one of the three original ex- other people under age 55. Forcing the agreed to. emptions. The second category is communities to leave these 10 apart- The PRESIDING OFFICER. The ‘‘housing intended for, and solely occu- ments vacant because seniors were not question is on the engrossment of the pied by, persons 62 years of age or available could threaten the economic committee amendment and third read- older.’’ Note the striking difference, viability of running a seniors commu- ing of the bill. besides age, between these two cat- nity. H.R. 660 protects seniors from The amendment was ordered to be egories: The one we are concerned with that risk. engrossed, and the bill to read the today no where states that housing is Current Federal regulations also sup- third time. to be solely occupied by persons 55 port the fact that housing ‘‘intended The bill was read the third time. years of age and older. Yet if this was and operated for occupancy by persons The PRESIDING OFFICER. The bill the congressional intent, certainly it age 55 and older’’ does not mean 100 having been read the third time, the would have been delineated in 1988 percent occupancy is required. Current question is, Shall the bill pass? when the three categories were first in- regulations require similar intent as The yeas and nays have been ordered. troduced. what is proposed in H.R. 660. In regard The clerk will call the roll. The subcommittee report also pro- to housing for persons 55 and over, it The bill clerk called the roll. motes this interpretation. In the sec- states that the owner or manager of a Mr. LOTT. I announce that the Sen- tion-by-section analysis, the provision seniors community must ‘‘publish and ator from North Carolina [Mr. in question is interpreted so that ‘‘the adhere to policies and procedures FAIRCLOTH] is necessarily absent. Mr. FORD. I announce that the Sen- housing provider can demonstrate its which demonstrate an intent to pro- ator from New Jersey [Mr. BRADLEY] is intent to providing housing for persons vide housing for persons 55 years of age necessarily absent. 55 years or older, even if it allows per- or older.’’ Not at any time has HUD in- The PRESIDING OFFICER. Are there sons under age 55 to continue to occupy terpreted this to mean 100 percent oc- any other Senators in the Chamber de- dwelling units or move into the hous- cupancy by seniors. This is a general siring to vote? ing facility and occupy dwelling units, statement requiring that the main pur- The result was announced—yeas 94, as long as the housing facility main- pose behind the housing facility is to nays 3, as follows: tains the 80 percent occupancy thresh- provide housing for seniors. No specific [Rollcall Vote No. 590 Leg.] old.’’ or numerical requirements are pre- The congressional intent voiced scribed, just that the goal of their ven- YEAS—94 throughout the legislative history and ture is to make seniors housing avail- Abraham Frist McCain Akaka Glenn McConnell subcommittee report is to make it able. Ashcroft Gorton Mikulski easier for seniors communities to qual- A specific, numerical requirement is Baucus Graham Moseley-Braun ify as housing for older persons, there- prescribed in this bill, but you won’t Bennett Gramm Moynihan by making seniors housing, particu- find it before the bright-line test in Bingaman Grams Murkowski Bond Grassley Murray larly lower income seniors housing, section 807(b)(2)(C)(i). This bright-line Boxer Gregg Nickles more affordable. Requiring 100 percent standard is the force of H.R. 660, re- Breaux Harkin Nunn of the units in a community, occupied placing the ambiguous ‘‘significant fa- Brown Hatch Pell Bryan Hatfield Pressler or not, to be intended only for persons cilities and services’’ requirement that Bumpers Heflin Pryor age 55 and older does not accomplish currently exists. But nothing else in Burns Helms Reid this goal—in fact, it makes qualifying this language prescribes any occupancy Byrd Hollings Robb as seniors housing more burdensome requirements beyond the bright-line Campbell Hutchison Rockefeller Coats Inhofe Roth and would further restrict the avail- standard of 80 percent actual occu- Cochran Inouye Santorum ability of affordable seniors housing. pancy. Cohen Jeffords Sarbanes What Congress does intend is to cre- Nothing in the legislative history, Conrad Johnston Shelby ate a 20-percent buffer zone for seniors congressional intent, current CFR’s, or Coverdell Kassebaum Simon Craig Kempthorne Simpson communities so that they can more language of this bill requires seniors D’Amato Kennedy Smith easily qualify, and remain qualified, as communities to have the intent to oc- Daschle Kerrey Snowe housing for older persons. It is easy to cupy 100 percent of their housing units DeWine Kerry Specter Dodd Kohl Stevens predict several situations that could with persons 55 years of age and older. Dole Kyl Thomas arise making this buffer zone a nec- There is a well-thought and intentional Domenici Lautenberg Thompson essary and vital protection for seniors 20 percent buffer zone to protect sen- Dorgan Levin Thurmond housing. iors communities and ensure they are Exon Lieberman Warner Feingold Lott Wellstone Suppose an elderly woman owns a effective, not unduly burdened, and Feinstein Lugar condominium in a seniors housing com- able to provide the best services to our Ford Mack munity. When this woman passes away, most valued citizens at the most af- NAYS—3 she wants to leave the home to her fordable cost. The bright-line standard Biden Chafee Leahy middle-aged son. Inheritance and and everything surrounding this bill transfer of property are an everyday make that clear. Do not be misguided NOT VOTING—2 occurrence in our democratic society, by inaccurate and hasty fears. H.R. 660 Bradley Faircloth and the 20-percent buffer zone outlined does not require the intention of 100 So the bill (H.R. 660), as amended, in H.R. 660 would accommodate such a percent occupancy, but rather the was passed. bequest. clear, understandable condition that to Mr. COCHRAN. Mr. President, I move Or consider the widow of a senior cit- be considered housing for older per- to reconsider the vote, and I move to izen who has passed away. If the sur- sons, 80 percent of the occupied units lay that motion on the table. viving spouse is younger than 62 or 55, must be occupied by persons age 55 and The motion to lay on the table was then, without H.R. 660, they face not older. agreed to. losing a loved one, but also having to Mr. President, I believe this com- Mr. SMITH. Mr. President, I suggest move out of their own home. This is pletes all the arguments. I ask unani- the absence of a quorum. not the role of the Federal Govern- mous consent that all time be yielded The PRESIDING OFFICER. The ment. H.R. 660 corrects this. back. clerk will call the roll. The possible scenarios that affect The PRESIDING OFFICER. Is there The assistant legislative clerk pro- seniors housing go even further—to po- objection? ceeded to call the roll. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18071 Mr. SMITH. Mr. President, I ask having standing to bring lawsuits, and The PRESIDING OFFICER. The Sen- unanimous consent that the order for the other one would deal with the ques- ator needs to make a request. the quorum call be rescinded. tion of who is civilly or criminally lia- Mr. BROWN. Mr. President, I ask The PRESIDING OFFICER. Without ble under the bill. At the appropriate unanimous consent that no vote occur objection, it is so ordered. time, with the concurrence of the spon- on the Brown amendment, which I am f sor of the bill, I will offer those amend- about to offer, until the Boxer and Dole ments. amendments are disposed of. PARTIAL-BIRTH ABORTION BAN Mr. President, at the appropriate The PRESIDING OFFICER. Is there ACT time I will try to offer those amend- objection? The Chair hears none, and it The PRESIDING OFFICER. Under ments for the Senate’s consideration. I is so ordered. the previous order, the Senate will now will make copies available in the Mrs. BOXER. I thank my friend, and resume consideration of H.R. 1833, RECORD. I wish him the best of luck with his which the clerk will report. Mr. President, I yield the floor. amendment, which I will support. The assistant legislative clerk read Mr. President, I suggest the absence Mr. BROWN. I ask unanimous con- as follows: of a quorum. sent that the pending amendment be The PRESIDING OFFICER. The temporarily set aside so that I may A bill (H.R. 1833) to amend title 18, United clerk will call the roll. offer an amendment. States Code, to ban partial-birth abortions. The assistant legislative clerk pro- The PRESIDING OFFICER. Without The Senate resumed the consider- ceeded to call the roll. objection, it is so ordered. ation of the bill. Mr. BROWN. Mr. President, I ask AMENDMENT NO. 3085 Pending: unanimous consent that the order for (Purpose: To limit the ability of dead beat (1) Smith amendment No. 3080, to provide a the quorum call be rescinded. dads and those who consent to the proce- life-of-the-mother exception. The PRESIDING OFFICER. Without dure to collect relief as provided for in this (2) Dole amendment No. 3081 (to amend- objection, it is so ordered. section) ment No. 3080), of a perfecting nature. Mr. BROWN. Mr. President, it is my Mr. BROWN. Mr. President, I rise to (3) Pryor amendment No. 3082, to clarify intention to offer an amendment con- certain provisions of law with respect to the offer an amendment and ask for its im- approval and marketing of certain prescrip- cerning deadbeat dads. The amendment mediate consideration. tion drugs. would make it clear that fathers who The PRESIDING OFFICER. The (4) Boxer amendment No. 3083 (to amend- are deadbeat and do not marry the clerk will report. ment No. 3082), to clarify the application of mother do not have the right to sue The assistant legislative clerk read certain provisions with respect to abortions under this bill and thereby gather a fi- as follows: where necessary to preserve the life or nancial bonanza. I circulated a draft of The Senator from Colorado [Mr. BROWN] health of the woman. that amendment to the parties who are proposes an amendment numbered 3085: The PRESIDING OFFICER. The Sen- leading the debate on this bill. On page 2, line 14, strike ‘‘(c)(1) The fa- ator from New Hampshire. I ask unanimous consent that I be al- ther,’’ and insert the following: ‘‘(c)(1) The Mr. SMITH. Mr. President, the Sen- lowed to offer that amendment without father, if married to the mother at the time ate is not in order. she receives a partial-birth abortion proce- a second-degree amendment being in dure,’’. The PRESIDING OFFICER. The Sen- order. Mr. BROWN. Mr. President, as draft- ator will suspend. The Senate will The PRESIDING OFFICER. Is there ed, the bill now extends the right to please come to order. objection? Without objection, it is so sue a physician and others involved in Mr. SMITH. Mr. President, I ask for ordered. the partial-birth abortion process, to Mr. BROWN. Mr. President, I ask the yeas and nays on the Boxer amend- the father and other parties. ment. unanimous consent that the pending It is this Senator’s belief that ex- The PRESIDING OFFICER. Is there a amendment be set aside so that I may tending the right to sue under the bill sufficient second? offer the amendment. to a father, who has assumed the re- The PRESIDING OFFICER. Is there There is a sufficient second. sponsibilities of fatherhood, is appro- objection? The yeas and nays were ordered. priate, but it is also my belief that to AMENDMENT NO. 3081 TO AMENDMENT NO. 3080 Mrs. BOXER. Reserving the right to object, I would ask that we go into a extend the privilege of standing and Mr. SMITH. Mr. President, I now call the potential enrichment it could con- for the regular order with respect to quorum. Mr. BROWN. Mr. President, I suggest vey to someone who has not assumed the Dole amendment. the absence of a quorum. the real responsibilities of fatherhood The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The would be a tragic mistake. To allow ator has that right. The pending ques- clerk will call the roll. someone a financial windfall when they tion is the Dole amendment No. 3081 to The assistant legislative clerk pro- have not married the mother, when the Smith amendment 3080. ceeded to call the roll. they have not lived up to their respon- Mr. SMITH. Mr. President, I suggest Mr. BROWN. Mr. President, I ask sibilities in our society, would send ex- the absence of a quorum. unanimous consent that the order for actly the wrong message. It would have The PRESIDING OFFICER. The the quorum call be rescinded. the effect of granting possibly substan- clerk will call the roll. The PRESIDING OFFICER. Without tial financial remuneration to someone The assistant legislative clerk pro- objection, it is so ordered. who has not been willing to meet his ceeded to call the roll. Mrs. BOXER. Will the Senator yield commitment to society or to meet the Mr. BROWN. Mr. President, I ask for a question before he begins? And I commitments of fatherhood. It would unanimous consent that the order for am fully supportive of his amendment, reward a deadbeat dad, something I be- the quorum call be rescinded. the way he is approaching it. lieve is simply wrong. So this amend- The PRESIDING OFFICER. Without Mr. BROWN. I am happy to yield. ment makes it clear that someone who objection, it is so ordered. Mrs. BOXER. I just want to get on has not married the mother does not Mr. BROWN. Mr. President, I ask for the record that it is not the Senator’s have the right to be enriched. the yeas and nays on the Dole amend- intention to have his amendment voted Mr. President, I think that sums up ment. on prior to the Boxer amendment and the amendment, and I hope the Senate The PRESIDING OFFICER. Is there a the Dole amendment but, rather, after will favorably consider it after it has sufficient second? the Boxer and the Dole amendments had an opportunity to consider and dis- There is a sufficient second. are disposed of? pose of the Dole and Boxer amend- The yeas and nays were ordered. Mr. BROWN. That is an accurate ments. Mr. BROWN. Mr. President, I want to statement of my intention, and my I yield the floor. make it clear that my hope is to offer hope would be that absent agreement, Mr. SMITH. Mr. President, I just two amendments to this bill for consid- we would save my amendment until want to say to the Senator from Colo- eration by the Senate. One would deal after the disposition of those two rado that we support his amendment. with the problem of a deadbeat father amendments. We think it is a good amendment and S 18072 CONGRESSIONAL RECORD — SENATE December 6, 1995 enhances the bill, and we are pleased to made the same point to me in private, equally divided in the usual form for support it. I appreciate the fact that frankly, that the affirmative defense closing debate on the two amendments. the Senator has offered it. approach may not give doctors who en- The PRESIDING OFFICER. Without Mr. President, is the pending busi- counter an exceedingly life-endanger- objection, it is so ordered. ness the Smith-Dole amendment? ing condition of the mother the suffi- Mr. SMITH. I further ask unanimous AMENDMENT NO. 3081 cient latitude that they need. There is consent that if the Dole amendment The PRESIDING OFFICER. It is the no medical evidence in the record pro- No. 3081 is adopted, the Smith amend- Dole amendment, which is a second-de- duced as a result of the hearing on No- ment No. 3080, as amended, be deemed gree amendment to the Smith amend- vember 17 before the Judiciary Com- agreed to without further action or de- ment, amendment 3081, I believe. mittee that the partial-birth-abortion bate. Mr. SMITH. I thank the Chair. That procedure is ever necessary to save the The PRESIDING OFFICER. Without being the case, at this time I rise in life of the mother. As I said, there sim- objection, it is so ordered. Mr. SMITH. Finally, I ask unanimous very strong support of this pending ply was no testimony. But Senators consent that immediately following amendment, Dole-Smith or Smith- have expressed discomfort, as I said, in the two back-to-back votes tomorrow, Dole, life-of-the-mother exception private to me, some wanting to vote that Senator SMITH or his designee be amendment. for this but felt that they were not recognized. In addition, I also, in the course of comfortable with the affirmative de- my remarks, would be addressing an- The PRESIDING OFFICER. Without fense approach. In a good-faith effort objection, it is so ordered. other amendment that the Senate will to accommodate these concerns, last be considering later this evening, Mr. SMITH. In light of this agree- night Senator DOLE and I offered a life- ment, Mr. President, the leader has which is the Boxer amendment, Sen- of-the-mother exception amendment, ator BOXER’s partial-birth abortion-on- asked me to announce there will be no and the new language which would be further votes this evening. demand amendment. added immediately at the end of sub- Mr. President, the underlying bill, AMENDMENT NO. 3081 section (a) of the pending bill reads as H.R. 1833, which came to us from the The second part of the Smith-Dole follows: House, bans what I have described as amendment is intended to ensure that the brutal and inhumane partial-birth- This paragraph shall not apply to a par- in such dire emergency cases that we abortion procedure. That is the only tial-birth abortion that is necessary to save talked about, a partial-birth abortion the life of the mother whose life is endan- could only be performed if it were the abortion procedure that it bans. Testi- gered by a physical disorder, illness or in- mony to the contrary notwithstanding, jury, provided that no other medical proce- only medical procedure available to this is the only abortion technique, the dure would suffice for that purpose. save the life of the mother. After all, as only abortion method that is banned Now, we heard some debate here last we all know now, the partial-birth abortion procedure is, first, brutal, and under 1833. It includes an affirmative night from some as if to say a physical second, inhumane. It cannot possibly defense exception under which a physi- disorder would not cover the complica- be justified except in a case of true cian would be subject to no penalty if tions that may arise from a pregnancy self-defense when there is no other that physician is able to demonstrate where a partial-birth abortion would be way—no other way—for a doctor to that he or she reasonably believed that performed. save the mother’s life. In that case, the mother’s life was in danger and no Of course, that would be covered. We self-defense is certainly legitimate and, other medical procedure would suffice are playing semantic games. The in- to save her life. of course, I would be supportive. tent is to cover this if, in fact, there is In sum, Mr. President, both Senator Obviously, Mr. President, a two- a need to protect the life of the moth- thirds majority of the House of Rep- DOLE and I believe that this carefully er, which at this point we have never resentatives believed that the affirma- drafted life-of-the-mother exception seen any testimony before any of our tive defense provision of H.R. 1833 fully amendment is fully adequate. You will committees. hear words to the contrary, but it is protected the life of the mother. It was The language of this Smith-Dole life- an overwhelming vote in the House, fully adequate to address the good- of-the-mother exception amendment is and, of course, as we indicated yester- faith concerns of those Senators who very clear. It could not be clearer. The day, there were pro-choice Repub- are not satisfied with the affirmative first part of the amendment is designed licans, pro-choice Democrats, and pro- defense provision in the underlying to make certain that the exception life Democrats and Republicans who bill. only applies to cases in which the supported overwhelmingly this legisla- As I indicated, I am satisfied with it. mother’s life is genuinely, physically tion. So in spite of the fact that it has But others are not, and I respect the threatened by some physical disorder, been called extremist, the truth of the fact that others are not and am willing physical illness, or physical injury. matter is many people on all sides of therefore and have been willing, and Mr. SMITH addressed the Chair. the issue supported H.R. 1833 in the Senator DOLE and others have been The PRESIDING OFFICER. The Sen- House. willing, to change it to clarify it more, In addition, as I have noted pre- ator from New Hampshire. to make sure there is no doubt that we viously, the American Medical Associa- UNANIMOUS-CONSENT AGREEMENTS support the life-of-the-mother excep- tion’s Council on Legislation voted Mr. SMITH. Mr. President, I ask tion. unanimously to endorse H.R. 1833 with unanimous consent that there be 90 We are satisfied that our language the affirmative defense provision in it. minutes equally divided between my- assures that this exception will not be It is clear then, based on that deci- self and Senator BOXER for debate on abused by doctors who are not acting sion, that the AMA Council also be- the Dole amendment No. 3081 and the in good faith to save mothers’ lives. We lieved that the affirmative defense pro- Boxer amendment No. 3082, and that feel we have taken care of that in the vision would fully protect any doctor following the conclusion or yielding amendment. Let me be very clear, Mr. who performed a partial-birth abortion back of time, the amendments be laid President, as clear as I can be. Under if it was performed to save the moth- aside, and the votes occur first on the the Smith-Dole amendment, no doctor er’s life when no other procedure was Dole amendment, to be followed imme- could be convicted of violating the Par- available to save the mother’s life, diately by a vote on the Boxer amend- tial-Birth Abortion Ban Act of 1995 un- even though, as we have indicated over ment on Thursday, December 7, with less the Government proved beyond a and over in the testimony and debate the time to be determined. reasonable doubt that the doctor had in the Chamber of the Senate, we have The PRESIDING OFFICER. Is there performed a partial-birth abortion that not seen any witnesses who have come objection? Without objection, it is so was not covered—not covered—by this forth in the hearing who said that the ordered. life-of-the-mother exception. mother’s life was threatened. But, nev- Mr. SMITH. I also ask unanimous As I indicated, Mr. President, this ertheless, to be fair, we have put in consent that immediately following Smith-Dole life-of-the-mother excep- this exception. the disposition of the State-Justice- tion amendment fully satisfies—fully— In spite of all that, a number of Sen- Commerce appropriations conference any legitimate concerns that the af- ators have argued on the floor and have report, that there be 60 minutes to be firmative defense provision of H.R. 1833 December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18073 does not adequately protect any doctor So, yes, if a woman had diabetes or some In short, our amendment could not that might act to protect the life of the other disease, there would be an exception. be clearer. This is a fully adequate, mother where no other procedure is But if, in fact, the birth endangered her life, genuine life-of-the-mother exception. available. We have gone the extra mile there would be no exception. Period. And not only that, it is exactly by doing this, even though—even That just simply is not true. It sim- what Senator BOXER repeatedly—over though—those of us that have put this ply is not true, and any reasonable per- and over and over and over and over amendment forth believe that the af- son who looks at this amendment will again—on the floor of this Senate prior firmative defense provision does, in see that it is not true, because it spe- to the hearing said that she wanted. ‘‘I fact, protect such doctors. cifically provides for a life-of-the- want the life-of-the-mother exception,’’ Mr. President, one of the Senators mother exception. she said. She said it again in the debate This is bizarre. I mean it really is bi- who has consistently made the argu- last night. We have it. Then she said zarre. I have been involved in a lot of ment that the affirmative defense pro- we do not have it. First she said we debates. I have served in the Congress vision does not protect doctors in life- have it, then we do not have it. saving situations is my colleague on for 11 years—I served in the Senate for Let me say what I think is really the other side of the issue, the other 5 and the House for 6—and I have been side of the management here this involved in debates on everything. You going on here. I think that those on the other side, the Senator from California evening, Senator BOXER. Last night name it, I think I have debated it here and others, know what this amendment after Senator DOLE and I offered our somewhere. But I do not think I have life-of-the-mother exception amend- ever heard a statement that was as is. They know, in fact, that it is a fully adequate, good-faith life-of-the-mother ment, Senator BOXER responded by say- quick a turnaround in the same debate exception. That is what it is. ing—I want to quote from the CONGRES- as that. And I guess my question is, what is SIONAL RECORD. ‘‘Here we have it, an What I suspect that they might be exception now for life of the mother. I the position of the Senator from Cali- afraid of is that the Senate’s adoption think that is progress. I think that is fornia? What is the position of the of the Smith-Dole amendment will progress, * * *.’’ spokesman on the other side of this make it much more difficult to achieve And in the spirit of comity, c-o-m-i- issue? Is it that we have a life-of-the- the real objective. Let us talk about t-y, as opposed to comedy, I welcome mother exception or we do not? She that real objective. Senator BOXER’s positive remarks. said both. I am curious what the posi- tion is. Maybe we will hear it. I do not Do you know what the real objective Senator DOLE and I acted in good faith. is? To gut this bill. To gut the bill. To We were pleased when she responded in know. I said last night if a complication re- kill this bill with a life or health ex- good faith. But later in that same de- sulting from a pregnancy is not a phys- ception, which opens up big doors. The bate there was an about-face by the ical disorder, what is it? I am not a keyword is ‘‘health.’’ Everyone really Senator from California. physician. I do not pretend to be a phy- knows in the abortion context what I say this with the utmost respect. that really means. It means abortion There was an abrupt change in tune. sician. I have never advocated being a physician. I have never said I was a on demand, but we are not talking, I Here is what Senator BOXER had to say physician, but if a physical disorder, a say to my colleagues, about abortion about the Smith-Dole life-of-the-moth- complication resulting from a preg- on demand under any circumstances at er exception amendment in the same nancy is not a physical disorder, I do all in this bill, except the partial-birth debate a few minutes after the state- not know what it is. abortion. That is the only issue before ment that I just read: (Ms. SNOWE assumed the chair.) us today. Nothing else. This so-called life-of-the-mother exception Mr. SMITH. Let me reiterate that we Whether or not you support, some that has been offered by my friend from New can play games with words, we can Hampshire, with Senator DOLE, is not—let time between the 5th and 9th month of me repeat—is not in any way a life-of-the- play semantics and obfuscate and dis- gestation, the opportunity for any mother exception. tort the issue, and that is exactly what woman to say—let us just use, for ex- is occurring here, but the truth of the I am going to repeat those two lines. ample, at 81⁄2 months gestation, that First, early in the debate, a quote from matter is, this is a life-of-the-mother this is a female child and ‘‘I don’t want exception. The other side knows it, but Senator BOXER: it. Therefore, because I don’t want it, that is not the agenda. because it is a female, I am going to Here we have it, an exception now for the A perfectly normal pregnancy is not life of the mother. I think that is progress. I abort it in the following manner: I’m a disorder. That is what the agenda is. think that is progress. going to allow a doctor to enhance, in- That is the agenda. They want the And I welcome those remarks. duce the delivery of everything except right to have an elective—elective— Then, later in the same debate, the the head.’’ So all parts of the child abortion, whether there is a life-of-the- same evening, quoting Senator BOXER: come out of the birth canal with the mother exception or not. That is the This so-called life-of-the-mother exception exception of the head. It is then re- agenda. that has been offered by my friend from New strained by the doctor. It is held. De- Hampshire, with Senator DOLE, is not—let A perfectly normal pregnancy is not a disorder in the sense that some com- livery stops because the doctor force- me repeat—is not in any way a life-of-the- fully stops the child from being born, mother exception. plications arise. It is not an illness, and then the child is killed by using So, if there is confusion on the part and it is not an injury. It is rather a perfectly normal and natural condition scissors to the back of the head, with those who are trying to figure out what no anesthesia, and a catheter to suck Senator BOXER’s view is on this, then I in which millions of women all over the country, all over the world, find them- out the child’s brains. That is what certainly understand that confusion. happens. That is the type of abortion It is rather curious, is it not, that selves in at a given time. Sometimes, we are talking about here. It is the throughout the Senate’s debate on this however, a woman develops a physical only type of abortion that we are talk- bill, the other side has repeatedly de- condition or a preexisting condition ing about here. I say to my colleagues, manded a life-of-the-mother excep- worsens as a result of the pregnancy let us not talk about these issues now, tion—repeatedly demanded a life-of- and that physical condition poses a such as deformities. We will talk about the-mother exception. Yet, when we grave physical threat to her life. those later. Let us talk about a offer one, we get praised for it, then That situation which I just described, healthy female child that somebody de- the gears are switched and we are de- where there is a threat to her life, cides they do not want only because it nounced. clearly, in the words of the Smith-Dole I do not know what a flip-flop is, but amendment, is a physical disorder, and is a little girl—no other reason—and if that is not one, I do not know what it is covered. To put it more simply, they abort it in the manner that I de- is. Madam President, normal pregnancy is scribed. That is what the agenda is for Mr. President, after abruptly chang- a natural physical order. It is not a dis- those who oppose this amendment. ing the position, we then get into ra- order, it is an order, a natural physical The Senate will consider, later this tionalization. Then we hear the quote order, and a life-threatening pregnancy evening, this killer amendment. It is from Senator BOXER: is a physical disorder. an amendment that is designed, again, S 18074 CONGRESSIONAL RECORD — SENATE December 6, 1995 to gut the bill. You may as well call it your puppy or your dog without anes- Mr. SMITH. Madam President, to the partial-birth abortion-upon-de- thesia? Would you do that? You would show more precisely why this amend- mand amendment. That is what it is. I be horrified if the local SPCA did that ment would gut the bill, let me focus know my colleagues in the House— and that was in the paper tomorrow. on the legal meaning of the term good colleagues, who have strong views You would be down there closing the ‘‘health’’ in the abortion context. The on this issue, pro-choice views, like place down, trying to adopt all the pets U.S. Supreme Court addressed that SUSAN MOLINARI and PATRICK KENNEDY, to get them away from there. That is very question in the 1973 decision of a moderate Republican and a liberal what you would do. But this goes on. Doe versus Bolton. ‘‘Whether the Democrat—voted for this ban, because Every day a baby dies like this—in health of the mother requires an abor- they were so incensed, outraged, horri- America, at least. We cannot stand tion is a judgment,’’ the Court said, fied, and sickened by a process that here and stop it, with all of the prob- ‘‘to be made in the light of all factors— would take the life of a child in this lems we face in America today, such as physical, emotional, psychological, the manner. balancing the budget, keeping the Gov- woman’s age, and relevant to her well- We have seen testimony, Madam ernment from closing down so people being.’’ President, of people who aborted chil- do not lose their jobs and are out of That is very clearly stated. In other dren in this manner. This is what we work for Christmas, deciding whether words, the Court has given the broad- are talking about. Let us not forget the or not troops should go to Bosnia? We est, most liberal terms imaginable to manner, because that is what we are have to stand here and try to stop the term ‘‘health’’ in the abortion con- talking about—in this manner: by scis- something as brutal as this, which text. As U.S. Court of Appeals Judge sors and a catheter in the back of the should not even be happening? My God. John Noonan said, ‘‘. . . it would be a neck, because they had Down’s syn- This amendment that the Senator rare case where a doctor willing to per- drome. We had testimony on that. My from California has offered allows any form an abortion would not be con- colleagues will recognize and I am sure partial-birth abortion on any viable vinced that his patient’s well-being re- many of us know that people with baby. If you do not believe that, I quired the abortion she asked for.’’ Down’s syndrome are very productive would urge Senator BOXER, when she I am not trying to get into the de- people. It is very interesting that some speaks, to say I will make an exception bate about when a woman’s health is at of those same people who were staunch if it is a little girl, I will make an ex- risk. We have had testimony, and we advocates for the Americans With Dis- ception if it is healthy, I will make an have called for witnesses to come be- abilities Act would not want to protect exception if it has blue eyes, I will fore the committee of the Senate. We an innocent child who may be born make an exception if it is a little boy, have heard testimony in the House. We with a disability. That is the height of I will make an exception—let me hear sought to find people who would come hypocrisy. It just does not get any it. You will not hear it. You will not in here, physicians, from anywhere in worse than that. hear it because that is not the agenda, America, to come in and testify and When one seriously examines the because we use it in this cloudy term tell us, the Senate or the House, where Boxer amendment, it becomes clear called the ‘‘right to choose.’’ there is a case where you would need to that the ‘‘partial-birth abortion-on-de- We are going to see pictures of happy do this type of abortion to save the life mand amendment’’ is what it is. It to- families from the Senator from Califor- of a woman. No one testified to that ef- tally and completely removes all of the nia. But one picture that is not going fect. protections of the underlying bill from to be in that happy family is that little No one. They could not produce one. any baby who is not, in the sole judg- baby who, yes, may have had Down’s They could not even produce somebody ment of the abortionist, viable. In syndrome, who could be productive, or that had a partial-birth abortion at the other words, under the Boxer amend- maybe a normal little girl. You will hearing we had, although they asked ment, any abortionist who wants to use not see their picture in the happy fam- for the hearing. this brutal and inhumane partial-birth ily, because they did not get a chance The Senate, in recent votes, has re- abortion procedure to kill an unborn to be a part of that happy family. jected this massive health loophole child who is not yet viable—and viabil- The post-viability language in the when it decisively defeated the Mikul- ity occurs somewhere around 24 Senator’s bill, like her pre-viability ski medical necessity amendment with weeks—can do so with total impunity. language, effectively removes all ba- respect to abortion coverage under the The amendment denies previable ba- bies from the protection of this under- federal employees health benefit plan a bies any protection at all. I have no lying bill. I want my colleagues to un- few weeks ago. doubt that Martin Haskell, the Na- derstand—and they all know my posi- The Senate was not fooled then. The tion’s foremost partial-birth abortion- tion on abortion. I believe life begins at Senate will not be fooled now. This ist, would be very pleased, indeed, if conception and that life is sacred and Boxer amendment would preserve the this amendment were adopted. Do you should be protected. But that is not status quo, under which barbaric, know why he would be pleased? Be- what we are debating today. We are de- cruel, and partial-birth abortion proce- cause Dr. Haskell, by his own admis- bating one specific type of abortion, an dures are available on demand, a status sion in statements—he refused to come abortion in which labor is induced and quo under which a partial-birth abor- and speak to the Senate—said he per- the child comes into the birth canal tionist like Dr. Haskell can freely take formed a thousand of these abortions and it is executed with scissors and the lives of babies, like the Down’s syn- like I just described—a thousand of catheters, brutally, in late-term preg- drome little boy that nurse Brenda them. Guess what, Madam President? nancies. That is what we are talking Shafer saw him destroy. Twenty percent—in other words, 200— about, nothing else. Do not be confused Brenda Shafer, for those that missed were because the child had some medi- by the debate on something else be- the debate, was a nurse who witnessed cal deformity—Down’s syndrome, or cause that is not what we are talking a partial-birth abortion, a little boy who knows—and 80 percent, or 800, by about. who had Down’s syndrome. She was his testimony, were perfectly normal So the Boxer amendment would es- horrified. She called his little face an children, who were aborted selectively sentially leave the judgment of wheth- angelic face. She said, ‘‘I looked into and electively by someone other than er a post-viability partial-birth abor- that face and I walked out of that clin- that child, that is for sure. That is tion is necessary to protect the moth- ic.’’ She was a pro-choice woman who what is going on in America. That is er’s health to the totally wide-open dis- believed in abortion, taught her daugh- all I am trying to stop. That is all I am cretion of the abortion doctor. That, ters that, but not this type of abortion. trying to do here. Madam President, is a prescription—to She was horrified, as any ordinary, I say to my colleagues, as I have said use a medical term—for abortion on de- normal person would be. before, and to anybody listening, if you mand. My colleagues, all I am asking, in had a pet that you had to euthanize, Madam President, how much time do spite of my own personal feelings about put to sleep, would you do it by using I have remaining? this issue, all I am asking my col- scissors to insert a hole in the back of The PRESIDING OFFICER. The Sen- leagues to do today, all I am asking the head and suck the brains out of ator has 24 minutes, 5 seconds. them to do is to vote to stop this single December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18075 horrible, disgusting type of abortion health consequence to the mother is also answers charges that the original which is unnecessary. left solely to the judgment of the at- bill did nothing to preserve the lives of The only circumstance under which tending physician. In other words, the the mothers. such a hideous and cruel procedure sole medical judgment of the abortion- Mr. President, Senators have no could possibly be justified would be in ist, the sole medical judgment of Dr. more excuses. Senators must decide, a true, absolute case of self-defense Haskell and his fellow birth abortion- and should decide soon, whether they where the doctor had no other way to ists. will approve a gruesome procedure that save the mother’s life. The interesting point, all this talk of is both inhuman and heartless. Sen- That situation—were it ever to hap- life of the mother, if it is your daugh- ators have heard the partial-birth abor- pen in a most extreme case anyone can ter and she is in that situation, or your tion procedure described. They have imagine—is provided for under the life- wife, would you take her to an abortion seen the graphic depictions. It can eas- of-the-mother exception amendment clinic if her life was threatened or ily and factually be said, as Senator that I believe the Senate will adopt. would you take her to a hospital? SMITH and I discussed when the bill Stabbing an innocent, tiny baby These are performed in abortion clin- first came to the Senate on November through the skull and sucking her ics. That is interesting, is it not? 7, that these innocent, tiny babies are brains out—how can you justify that, In short, Madam President, this nar- just 3 inches from the protection of the in order to safeguard some vaguely de- rowing language does not narrow her law, only to be mercilessly deprived of fined expansive notion of the mother’s health exception one iota. The words their right to live and to love and to be health? How does it help the mother’s ‘‘serious and adverse’’ are so clearly loved. health to do that? subjective, vague and broad as to be ut- Senators should also decide whether If it is hydrocephalic, you can drain terly meaningless and provides no they will disregard the medical facts off the fluid. In the 1 out of 100 that Dr. meaning. Senator BOXER’s amendment and enlightening testimony presented Haskell performed that was hydro- remains the partial-birth abortion on to the Judiciary Committee which con- cephalic—the rest were something also, demand amendment. firmed what proponents of the original 80 percent elective. In conclusion, I urge my colleagues, I bill have argued in the House of Rep- I urge my colleagues, before you vote plead, plead, plead with my colleagues resentatives and in the Senate—that on this amendment, look at the Su- one time, let us end this one, horrible, the voices of tiny babies are being si- preme Court’s decision of health in the disgusting type of abortion. Let us lenced so that a woman can continue context as set forth in Doe versus have the courage to do it. These little to choose to have an abortion in the Bolton. Health involves all factors: kids cannot stand up here on the floor third trimester. physical, emotional, psychological, and of the Senate. They do not have any- Let me add, if Senators miss this op- the woman’s age relevant to her well- body. They cannot stand here. The portunity to criminalize partial-birth being. ones that are killed never get a chance abortions, they will be thumbing their In light of that definition, a vote for to stand here. They are not going to be noses at the American public whose this is a vote for partial-birth abortion the first woman President. They are outcry against partial-birth abortions on demand because there just is not not going to be the first minority is overwhelming. any reason why you could not have one President. They will not be President Mr. President, I was pleased as the under that definition. A health excep- of anything. House of Representatives listened to tion to this bill’s ban on partial-birth Do you know what their sin is? They the American people and overwhelm- abortions is, quite literally, an excep- happen to be in the womb of somebody ingly passed the Partial-Birth Abortion tion that would consume the rule. who does not want them. That is their Ban Act by a vote of 288–139 on Novem- In other words, in the abortion con- sin. If they were in the womb of some- ber 1. If the Senate now follows, as it text, the word ‘‘health’’ in an excep- body who wanted them after 81⁄2 should, the House’s example—and I sin- tion, is a legal term of art, translated months, they would be allowed to be cerely hope that the Senate will—the into plain English means abortion on free and be born and live under the burden then will shift to President demand. Constitution of the United States. Clinton who is more than ready, he I say, if that is not the case, then I That is their sin. That is their sin. We says, to use his veto pen in order to ap- ask my colleagues on the other side, can do better than that in this country. pease the pro-abortion lobby unless including the Senator from California, We have more important things to do weighty restrictions are added to the to simply stand up and say, ‘‘I would than that. not support aborting a child by the I yield the floor. bill. partial-birth abortion method.’’ Mr. HELMS. First of all, Mr. Presi- And that is where we stand today as If a woman came in and said, ‘‘I am dent, I think all of us who understand the Senate has heard from the chorus 8 months pregnant, Dr. Haskell. I have this issue are grateful to the Senator of Senators, many of whom have taken a single baby and I do not want it.’’ I from New Hampshire for his courage their marching orders from the power- say she should not have that abortion. and his tenacity in standing up for the ful abortion lobby. Opponents of the If the Senator from California should unborn, particularly those who have bill have done their best to explain the stand up and say that, we will have been and otherwise may be destroyed medical necessity of a procedure that made progress. I hope she says it, but in the most gruesome and horrible legally allows a doctor to partially de- do not hold your breath. If she does not way—a partial-birth abortion. I person- liver a baby, feet-first from the womb, say it, we know what the real agenda ally am indebted to Senator SMITH, and only to have his or her brains brutally is—abortion on demand, not just regu- I admire him very much. removed via the doctor’s instruments. lar abortion. Mr. President, about a month ago, However, Mr. President, these objec- This kind of abortion, scissors, cath- the Senate decided to send H.R. 1833, tions by the bill’s opponents are hollow eter, something you would not do to the Partial-Birth Abortion Ban Act, to attempts to whitewash a hideous your dog or your cat. You know you the Judiciary Committee with instruc- wrong. For instance, they continue to would not. You know you would not do tions that Senator HATCH and his com- persuade Senators that partial-birth it. There is no way that you would do mittee hold at least one hearing and abortions are medically necessary in it. Why would you do it to a child? Why then return the bill to the Senate cal- order to preserve the health of preg- would you allow it to be done to a endar within 19 days. nant women. child? The Judiciary Committee has held Of course, ask NARAL and the other To be sure, Senator BOXER made a that hearing and despite the rehashed proabortion groups to define a ‘‘medi- cosmetic attempt to narrow the defini- charges of opponents of this bill, the cally necessary’’ situation and you’ll tion of health by saying, ‘‘Serious ad- U.S. Senate can no longer shirk its re- hear a variety of answers including verse health consequences to the sponsibility. Senator DOLE, by offering ‘‘emotional stress,’’ ‘‘depression,’’ or woman.’’ But the fact remains that a life-of-the-mother exemption to H.R. ‘‘psychological indecision.’’ NARAL under Senator BOXER’s amendment, 1833, has offered a provision that pre- even defined ‘‘medically necessary’’ whether there is a serious adverse serves the innocent lives of babies but abortions as ‘‘a term which generally S 18076 CONGRESSIONAL RECORD — SENATE December 6, 1995 includes the broadest range of situa- The PRESIDING OFFICER. Without completing a master’s in public health with tions for which a state will fund abor- objection, it is so ordered. enhanced analytical skills in maternal and tion.’’—‘‘Who Decides? A Reproductive (See exhibit 2.) child health at the University of Illinois at Rights Issues Manual—1990’’. Mr. HELMS. Mr. President, allow me Chicago. For the past 15 years I have prac- ticed in the inner city of Chicago and cur- Mr. President, I suggest we ask the to address one more objection raised by rently I am the Director of Medical Edu- American people who are ringing the opponents of this bill. In fact, the Na- cation in the Department of Obstetrics and phones off the hooks of Senate offices tional Abortion Federation raised it Gynecology at Mt. Sinai Hospital; a member whether they see eye to eye with with me in a November 3 letter, com- of the Association of Professors in Gyne- NARAL and other pro-abortion groups. plete with pictures of severely abnor- cology and Obstetrics; and the President They are not fooled. They recognize mal babies. The NAF claims that it is Elect of the American Association of Profile these semantic games as a smoke- the tragedy of deformed and abnormal Obstetricians and Gynecologists. It has re- screen to demand abortion at any time, babies that has produced a need for cently been brought to my attention that on November 7th the Senate will consider the for any reason. partial-birth abortions. Without this Partial Birth Abortion Ban. As a fellow citi- More importantly, the medical evi- procedure, they portend, a pregnant zen I urge you to support this legislation. dence declares that this procedure is woman’s health will be threatened—Dr. As you are probably aware the partial not needed to protect the health of the Smith and other doctors have already birth abortion procedure involves delivering mother in a late-term crisis pregnancy. refuted this point—and such abnor- a human fetus by breach extraction until Don’t take it from me. Take it from malities are ‘‘incompatible with life.’’ only the head remains inside the birth canal. Dr. Pamela E. Smith, Director of Medi- Now, Mr. President, nobody, in their The practitioner then kills the baby by in- cal Education in the Department of Ob- serting a pair of scissors into the base of the right mind, would ever wish for a skull and removing the baby’s brains with a stetrics and Gynecology at Chicago’s mother and father to face the heart- vacuum. This is the procedure the proposed Mount Sinai Hospital. breaking experience of their newborn bill seeks to ban. Dr. Smith, in her November 4 letter being delivered with a severe abnor- Last week, despite a tremendous amount to me, states that assertions implying mality. Nobody would ever want a of medical misinformation given by the op- that a partial-birth abortion is needed child to endure the physical and emo- ponents of H.R. 1833, the Partial Birth Abor- to protect the health of a woman in a tional scars of a physical deformity. tion Ban received strong support in its pas- late-term complicated pregnancy is Yet, for these reasons, they claim par- sage in the House. As this measure is now being presented for Senate consideration ‘‘deceptive and patently untrue.’’ Dr. tial-birth abortions should remain please be aware of the following medical Smith even goes as far to explain in legal. facts: her October 28 letter to Congressman Again, I disagree and ask opponents 1. Opponents insinuated that aborting a CHARLES CANADY that such a proce- of the bill to consider the reasons given living human fetus is sometimes necessary dure, in fact, presents medical risks to by Dr. Martin Haskell, a noted pro- to preserve the reproductive potential and/or the patient. ponent and practitioner of partial-birth life of the mother. Such an assertion is de- In her testimony before the Judiciary abortions, as to why this procedure is ceptive and patently untrue. Even if the Committee on November 17, Dr. Smith fetus is grotesquely malformed, a living conducted. Dr. Haskell, in a 1993 inter- intrauterine pregnancy is not a health risk asks an important question that I wish view with American Medical News, to its mother unless the woman suffers from every opponent of this bill would at- states that 20 percent are conducted for extremely rare medical problems that would tempt to answer, and it is this: genetic reasons, and the other 80 per- preclude pregnancy under any cir- Why would a procedure considered to im- cent are purely elective—purely to get cumstances. pose a significant risk to maternal health rid of the child. 2. Partial birth abortion is a surgical tech- when it is used to deliver a baby alive, sud- And according to materials presented nique devised by secluded abortionists in the unregulated abortion industry to save them denly become the ‘‘safe method of choice’’ to a House Judiciary subcommittee, when the goal is to kill the baby? the trouble of ‘‘counting the body parts’’ the non-elective reasons given for a that are produced in dismemberment proce- Mr. President, I ask unanimous con- partial-birth abortion conducted by the dures. It is not a ‘‘standard of care’’ for any- sent that Dr. Smith’s letter from No- late Dr. James McMahon included such thing. Equally important is the fact that the vember 4, 1995, her letter from October ‘‘flaws’’ as a cleft palate. Are these the risks involved in dismemberment procedures 28, 1995, and her November 17 testimony type of genetic reasons these babies and partial birth abortion include before the Judiciary Committee be suffer painful deaths? istrogenically produced cervical incom- printed in the RECORD at the conclu- Mr. President, the facts are in and I petence and uterine rupture. Medical alter- sion of my remarks. natives (like prostaglendine) do not pose will not belabor them further. But they these risks but have the undesirable ‘‘side ef- The PRESIDING OFFICER. Without clearly prove that partial-birth abor- objection, it is so ordered. fect’’ of sometimes producing a living child. tions are unnecessary to preserve the Women who were ‘‘counseled’’ by abortion- (See exhibit 1.) health of a woman in a late-term com- ists that they were submitting themselves to Mr. HELMS. Even Dr. Warren Hern— plicated pregnancy. Simply put, a par- a procedure that was ‘‘safe’’ and that would author of ‘‘Abortion Practice,’’ consid- tial-birth abortion is another means insure their future reproductive potential ered by the American Medical Associa- for a woman to terminate her un- were deceived and lied to. These women ac- tion as the Nation’s most widely used wanted child very late in pregnancy. tually risked losing their uterus or their textbook on abortion standards and lives by submitting to these dangerous intra- I urge my colleagues, do not be de- uterine extractions. procedures—boldly disputes the safety ceived by the pro-abortion rhetoric of this late-term abortion, calling it 3. In breach extractions frequently the which would have you believe that this baby’s head ‘‘slips out.’’ Since the practi- ‘‘potentially dangerous.’’ cruel procedure is needed. Instead, lis- tioners of this procedure (who by their own Ask Dr. Hern what he thinks about ten to the advice of medical experts. reports up until 1993 had performed at least partial-birth abortions as a safe option Consider the outcry of the American 3,000 of these procedures) have never re- for late-term abortions. Let me repeat people who recognize partial-birth ported a survivor you can be assured that Dr. Hern’s comments from a November abortions as inhuman and stand up for some of these fetuses were constitutional persons who were murdered. 20 article in the American Medical the most helpless and innocent human News. He says, ‘‘You really can’t de- 4. The baby is alive throughout the entire beings imaginable. procedure until the scissors are jammed into fend it,’’ referring to a partial-birth I thank the distunguished Senator the base of the skull. abortion. He continues, ‘‘I’m not going from New Hampshire, and I admire him 5. There are absolutely no obstetrical situ- to tell somebody else that they should and the great work he has done. I yield ations encountered in this country which re- not do this procedure. But I’m not the floor. quire a partially delivered human fetus to be going to do it.’’ destroyed to preserve the health of the EXHIBIT 1 Mr. President, I ask unanimous con- mother. sent that the November 20, 1995, Amer- NOVEMBER 4, 1995. Additionally, given the recent attempts by U.S. Senate, the ACGME to coerce OBGYN residents into ican Medical News article titled, ‘‘Out- Washington, DC. becoming abortion providers, many profile lawing Abortion Method,’’ be printed in DEAR SENATOR: I am a medical doctor, and prochoice physicians in training are con- the RECORD at the conclusion of my re- board certified in the specialty of obstetrics cerned that they will be forced to witness marks. and gynecology. I am also in the process of and/or participate in gruesome abortion December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18077 techniques. Most of these individuals support For the past 15 years I have practiced in inalienable right to life. Thus, the practi- the decriminalization of abortion . . . but the inner city of Chicago. I am currently the tioner must take great care to insure that are extremely uncomfortable with proce- Director of Medical Education in the Depart- the baby does not move those additional few dures that destroy a life that is undeniably ment of Obstetrics and Gynecology at Mt. inches that would transform its status from human. Sinai Hospital; an Assistant Professor at the one of an abortus to that of a living human I therefore urge you to consider these fac- Finch University/Chicago Medical School; a child. tors during the deliberations on this bill. member of the American College of Obstet- Another brazen attempt to mislead the The health status of women and children in rics and Gynecologists; and the President- American public as to the reality of the pain this country can only be enhanced by ban- elect of the American Association of Pro- experienced by the victims of this procedure ning partial birth abortions. Life Obstetricians and Gynecologists. is the assertion that the anesthesia kills the Sincerely, Honorable senators, before I testified on baby. Such a statement runs contrary to PAMELA E. SMITH, M.D., FACOG. this legislation on June 15, before the House published reports made by abortion practi- Judiciary Committee’s Subcommittee on the tioners, is not consistent with basic prin- OCTOBER 28, 1995. Constitution, I went around and described ciples of the pharmacology of drug distribu- Hon. CHARLES CANADY, the procedure of partial-birth abortion to a tion in the pregnant female, and violates Chairman, Subcommittee on the Constitution, number of physicians and laypersons who I common sense. Twenty-five percent of all House Committee on the Judiciary, Wash- knew to be pro-choice. They were horrified pregnancies in this country are delivered by ington, DC. to learn that such a procedure was even Cesarean section and many women receive DEAR CONGRESSMAN CANADY: It has re- legal. potent narcotics to relieve their pain during cently been brought to my attention that op- I believe that it is safe to say that until labor. Yet it is essentially unheard of that a ponents of HR 1833 have stated that this par- the recent publicity occasioned by the move- human fetus in labor dies secondary to anes- ticular abortion technique should maintain ment of this legislation, most physicians, in- thesia given to its mother. its legality because it is sometimes em- cluding obstetrician-gynecologists, knew I note that the American Society of Anes- ployed by physicians in the interest of ma- nothing of this technique as an abortion thesiologists issued the following statement ternal health. Such an assertion not only method. But the partial-birth abortion meth- recently: runs contrary to facts but ignores the reality od is strikingly similar to the technique of Recent debate in the U.S. House of Rep- of the risks to maternal health that are asso- internal podalic version, or fetal breech ex- resentatives and Senate regarding late-term ciated with this procedure which include the traction. Breech extraction is a procedure abortions has resulted in the distribution of following: that is utilized by many obstetricians with misleading and potentially dangerous infor- 1. Since the procedure entails 3 days of the intent of delivering a live infant in the mation to the public. The procedure, de- forceful dilatation of the cervix, the mother management of twin pregnancies, or single- scribed in the media and during congres- could develop cervical incompetence in sub- infant pregnancies complicated by abnormal sional debate, was developed by the late Dr. sequent pregnancies resulting in sponta- positions of the pre-born infant. James T. McMahon. In testimony before neous second trimester pregnancy losses and I would invite the members of the sub- Congress last June, Dr. McMahon incorrectly necessitating the placement of a cerclage committee to review the drawings of the stated that the fetus dies from the anesthe- (stitch around the cervix) to enable her to fetal breech extraction method that I have sia administered to the mother. carry a fetus to term. attached to my written testimony, repro- According to the president of the American 2. Uterine rupture is a well known com- duced from Williams Obstetrics, a standard Society of Anesthesiologists (ASA), Dr. plication associated with this procedure. In textbook. Compare this with the partial- Norig Ellison, the anesthesia administered fact, partial birth abortion is a ‘‘variant’’ of birth abortion procedure, as laid out step-by- to the mother in connection with such a pro- internal podalic version . . . a technique step by Dr. Martin Haskell in his instruc- cedure does not kill the fetus. Very little an- sometimes used by obstetricians in this tional paper, ‘‘Dilation and Extraction for esthesia crosses the placenta when general country with the intent of delivering a live Late Second Trimester Abortion.’’ (In that anesthesia is administered to the mother, child. However, internal podalic version, in paper, Dr. Haskell says that he ‘‘coined’’ the and many pregnant women are safely anes- this country, has been gradually replaced by term ‘‘dilation and extraction.’’ Neither that thetized every day without ill effects to the Cesarean section in the interest of maternal term nor the term now favored by opponents fetus. as well as fetal well being (see excerpts from of H.R. 1833, ‘‘intact dilation and evacu- ASA is concerned that because of publicity the standard text Williams Obstetrics pages ation,’’ can be found in any standard medical given to Dr. McMahon’s erroneous testi- 520, 521, 865 and 866). literature. There is nothing whatever mis- mony, pregnant women may delay necessary Furthermore, obstetrical emergencies leading about the term utilized in the bill, and perhaps lifesaving medical procedures (such as entrapment of the head of a hydro- ‘‘partial-birth abortion.’’) due to misinformation regarding the effect cephalic fetus or of a footling breech that In a total breech extraction, the physi- of anesthetics on the fetus. has partially delivered on its own) are never cian—frequently with the aid of ultrasound— Of course, if a baby really were dead, H.R. handled by employing this abortion tech- grasps the lower extremities of the baby. 1833 would not apply, since the definition of nique. Cephalocentesis, (drainage of fluid With the bag of waters serving as a buffer ‘‘partial-birth abortion’’ is ‘‘an abortion in from the head of a hydrocephalic fetus) fre- and cervical wedge, the physician pulls the which the person performing the abortion quently results in the birth of a living child. infant towards the cervix and vagina. To fa- partially vaginally delivers a living fetus be- Relaxing the uterus with anesthesia, cutting cilitate the delivery of the head by flexion, fore killing the fetus * * *’’ the cervix (Duhrssen’s incision) and Cesarean care is taken to maintain the baby’s spine in The cruelty of this treatment of the section are the standard of care for a normal, a position that points towards the mother’s human fetus is quite evident to those who do head entrapped breech fetus. bladder. not avert their gaze or close their minds. But There are absolutely no obstetrical situa- Depending upon the size of the infant, an these abortion procedures also carry with tions encountered in this country which re- attempt may be made to delivery the baby them significant risks to maternal health. quire a partially delivered human fetus to be without rupturing the bag of waters. In such Partial-birth abortion is not a standard of destroyed to preserve the health of the a case, the bag of waters facilitates delivery care for anything. In fact, partial-birth abor- mother. Partial birth abortion is a technique of the head by mechanically maintaining tion is a perversion of a well-known tech- devised by abortionists for their own conven- cervical dilation. Should the bag of waters nique used by obstetricians to delivery ience . . . ignoring the known health risks to rupture and the head become entrapped, it breech babies when the intent is to delivery the mother. The health status of women in can be released by cutting the cervix, or a the child alive. However, as the enclosed ref- this country will thereby only be enhanced Cesarean section can be performed to deliver erences in Williams ‘‘Obstetrics’’ readily by the banning of this procedure. the baby abdominally. document, this technique is rarely used in Sincerely, Partial-birth abortions, which according to this country because of the well known asso- PAMELA E. SMITH, M.D., the physicians who perform them have been ciated risk of maternal hemorrhage and Director of Medical Education, done on babies from the ages of 19 weeks to uterine rupture. The 19th edition of Williams Department of Obstetrics and Gynecology. full term, represent a perversion of the above ‘‘Obstetrics’’ states the following in regards technique. In these procedures, one basically to the safety of this method of breech deliv- TESTIMONY OF PAMELA SMITH, M.D. ON H.R. relies on cervical entrapment of the head, ery: 1833, THE PARTIAL-BIRTH ABORTION BAN along with a firm grip, to help keep the baby ‘‘Despite numerous attempts to defend or ACT, U.S. SENATE JUDICIARY COMMITTEE, in place while the practitioner plunges a pair condemn this procedure, there is presently WASHINGTON, DC, NOVEMBER 17, 1995 of scissors into the base of the baby’s skull. insufficient evidence to document its safety Mr. Chairman, honorable members of the The scissors also creates an opening for the . . . There are few, if any indications for in- Judiciary Committee, my name is Pamela insertion of a suction curette to remove the ternal podalic version other than the deliv- Eleashia Smith. I am a medical doctor, baby’s brains. ery of a second twin. The possibility of seri- board-certified in the specialty of obstetrics If, my chance, the cervix is floppy or loose ous trauma to the fetus and the mother dur- and gynecology, having received my training and the abortionist does not keep a good ing internal podalic version of a cephalic at Cornell University, Yale University, the grip, he may encounter the dreadful ‘‘com- presentation is apparent . . .’’ University of Chicago, and Mt. Sinai Hos- plication’’ of delivering a live baby—un- Why would a procedure that is considered pital in Chicago. doubtedly, a constitutional ‘‘person’’ with an to impose a significant risk to maternal S 18078 CONGRESSIONAL RECORD — SENATE December 6, 1995 health when it is used to delivery a baby an entrapped head at the cervix is not par- indication, because the mother already had alive, suddenly become the ‘‘safe method of tial-birth abortion. Caphalocentesis (drain- medical problems that are associated with choice’’ when the goal is to kill the baby? age of fluid from the head of a hydrocephalic excessive bleeding, infection or a need to be And if abortion providers wanted to dem- fetus) frequently results in the birth of a liv- delivered quickly. These conditions include onstrate that somehow this procedure would ing child. Relaxing the uterus with anesthe- eclampsia, abruptio placenta, amnionitis, be safe in late-pregnancy abortions, even sia, cutting the cervic (Duhrssen’s incision), premature rupture of membranes, incom- though its use has routinely been discour- and Cesarean section are the recognized op- petent cervix, and blood clotting abnormali- aged in modern obstetrics, why didn’t they tions in the medical community to deal with ties. go before institutional review boards, obtain this obstetrical problem. In addition, another 22% (39 cases) were for consent to perform what amounts to human In short, there are absolutely no obstetri- maternal ‘‘depression,’’ and 16% for condi- experimentation, and conduct adequately cal situations encountered in this country tions consistent with the birth of a normal controlled, appropriately supervised studies which require a partially delivered human child (e.g., sickle cell trait, prolapsed uterus, that would insure accurate, informed con- fetus to be destroyed to preserve the life or small pelvis). sent of patients and the production of valid health of the mother. Opponents of HR 1833 have also asserted scientific information for the medical com- Opponents of HR 1833 have similarly erro- that the term ‘‘elective’’ means that the doc- munity? neously declared that the partial-birth abor- tor elects to do this procedure rather than to It is also noteworthy that even leading au- tion method is necessary to protect the do some other one. I would invite any indi- thorities on late-term abortion methodology ‘‘emotional health’’ of the mother. Cer- vidual in this country to ask their doctor have expressed the gravest reservations re- tainly, I do not lightly dismiss the accounts what the term ‘‘elective surgery’’ means. Or garding this technique. Consider, for exam- of women and families who have experienced look the word up in the dictionary. It refers ple, this excerpt from an article in the No- the anguish of learning, late in pregnancy, to procedures that are optional. In a tape-re- vember 20 edition of American Medical News, that their babies have serious or even lethal corded 1993 interview with American Medical the official newspaper of the American Medi- disorders. In my own years of practice and News, Dr. Martin Haskell explicitly distin- cal Association. training, I have taken care of many women guished between the 20 percent of his ‘‘ex- ‘‘I have very serious reservations about who were carrying babies with fatal fetal traction’’ procedures (as he calls them) that this procedure,’’ said Colorado physician anomalies. My most recent such patient was he said involved fetuses with genetic prob- Warren Hern, MD, the author of ‘‘Abortion a 19-year-old female who was pregnant for lems, and the 80 percent that are, in his Practice,’’ the nation’s most widely used the third time. Her previous two pregnancies words, ‘‘purely elective.’’ textbook on abortion standards and proce- were remarkable for severe nausea and vom- HR 1833 has already been immensely useful dures. Dr. Hern specializes in late-term pro- iting, and she delivered two children who in educating the American public as to the cedures . . . [O]f the procedure in question he died before they were two months old sec- need to keep a watchful eye, in the interest of maternal well being, on the activities of says, ‘‘You really can’t defend it. I’m not ondary to heart abnormalities. With her cur- the abortion industry. Enactment of this leg- going to tell somebody else that they should rent pregnancy the patient was weak, dehy- islation is needed both to protect human off- not do this procedure. But I’m not going to drated, and emotionally torn between the de- spring from being subjected to a brutal pro- do it.’’ sire to bear a child and the horrible prospect Dr. Hern’s concerns center on claims that of attending another funeral. Our clinic cedure, and to safeguard the health of preg- the procedure in late-term pregnancy can be staff, all of whom are pro-life, counseled her nant women in America. safest for the pregnant woman and that on her options, supported her medically in EXHIBIT 2 without this procedure women would have the hospital, and respected her initial deci- [From the American Medical News, Nov. 20, died. ‘‘I would dispute any statement that sion to terminate her pregnancy. However, 1995] this is the safest procedure to use,’’ he said. the next day, the patient’s nausea and vom- OUTLAWING ABORTION METHOD Turning the fetus to a breech position is iting receded, she changed her mind, and now (By Diane M. Gianelli) ‘‘potentially dangerous,’’ he added. ‘‘You intends to carry the baby to term. WASHINGTON.—His strategy was simple: Which brings to mind another erroneous have to be concerned about causing amniotic Find an abortion procedure that almost any- insinuation presented by opponents of HR fluid embolism or placental abruption if you one would describe as ‘‘gruesome,’’ and force 1833: the assertion that as soon as a patient do that.’’ the opposition to defend it. Dr. Hern said he could not imagine a cir- is discovered to have a fetus with an anom- When Rep. Charles T. Canady (R, Fla.) cumstance in which this procedure would be aly, the pregnancy must be aborted imme- learned about ‘‘partial birth’’ abortions, he safest. He did acknowledge that some doc- diately because the baby has a high chance was set. tors use skull-decompression techniques, but of dying before labor begins, representing a He and other anti-abortion lawmakers he added that in those cases fetal death has threat to the life of the mother. Such a launched a congressional campaign to out- been induced and the fetus would not pur- claim is deceptive. It is often intended to sell law the procedure. posely be rotated into a breech position. the patient on the abortion option. Following a contentious and emotional de- The behavior of the abortion industry in First of all, it is not the standard of care bate, the bill passed by an overwhelming— regards to this current controversy is chill- to immediately terminate the life of a living and veto-proof—margin: 288–139. It marks the ingly reminiscent of the Tuskegee syphilis fetus just because that baby has abnormali- first time the House of Representatives has experiment conducted by medical and public ties. What is appropriate is to inform the pa- voted to forbid a method of abortion. And al- health personnel over two decades ago. In tient of your clinical suspicions, discuss with though the November elections yielded a this infamous study, poor black men were her all of the options, as well as the risks as- ‘‘pro-life’’ infusion in both the House and the deceived and lied to and a known lifesaving sociated with terminating her pregnancy Senate, massive crossover voting occurred, treatment option was withheld so that the prematurely, and then develop a plan of with a significant number of ‘‘pro-choice’’ researchers could follow the ‘‘natural management that respects the patient’s val- representatives voting to pass the measure. course’’ of the disease. Apparently some indi- ues and emotional needs. Many women opt The controversial procedure, done in viduals in our country failed to learn a valu- to continue such pregnancies. second- and third-trimester pregnancies, in- able lesson from this tragic chapter in our Although it is highly unlikely that the volves an abortion in which the provider, ac- nation’s recent history. Pregnant women partial-birth abortion procedure would ever cording to the bill, ‘‘partially vaginally de- should not be experimented upon under the be needed to save a woman’s life, HR 1833 livers a living fetus before killing the fetus guise of a deceptive rubric called ‘‘choice.’’ specifically states that the procedure would and completing the delivery.’’ Furthermore, since the partial-birth abor- be allowed if the doctor ‘‘reasonably be- ‘‘Partial birth’’ abortions, also called ‘‘in- tion procedure requires three days of forceful lieved’’ that it was necessary to save the tact D&E’’ (for dilation and evacuation), or dilation of the cervix, the mother could de- mother’s life, and that no other procedure ‘‘D&X’’ (dilation and extraction) are done by velop cervical incompetence in subsequent would suffice. Abortion providers, however, only a handful of U.S. physicians, including pregnancies, resulting in spontaneous sec- are fully aware that a lot of other procedures Martin Haskell, MD, of Dayton, Ohio, and, ond-trimester pregnancy losses and neces- would suffice—but they are primarily inter- until his recent death, James T. McMahon, sitating the placement of a cerclage (stitch ested in making sure that their job of termi- MD, of the Los Angeles area. Dr. McMahon around the bottom of the womb) to enable nating human life can be done according to said in a 1993 AMNews interview that he had her to carry a baby to term. It is therefore a their own convenience. With the partial- trained about a half-dozen physicians to do fact that this procedure represents a risk to birth method of abortion, the provider is the procedure. future fertility of the patient. It does not saved the trouble of assembling ‘‘baby parts’’ The procedure usually involves the extrac- represent the safest way for the patient to to make sure that nothing was left inside. tion of an intact fetus, feet first, through the maintain her fertility, as abortion advocates Earlier this year, the late Dr. James birth canal, with all but the head delivered. proclaim. McMahon provided to the House Judiciary The surgeon forces scissors into the base of Opponents of HR 1833 have also argued that subcommittee a list of a self-selected sample the skull, spreads them to enlarge the open- ‘‘decreasing the size of the fetal head to of 175 cases in which he utilized the partial- ing, and uses suction to remove the brain. allow delivery’’ is done to save the mother birth procedure for so-called ‘‘maternal indi- The procedure gained notoriety two years the risk of ‘‘ripping and tearing’’ the bottom cations.’’ Of this list, one-third (33%) of the ago, when abortion opponents started run- of the womb. But in fact, the standard of time the partial-birth procedure would be ning newspaper ads that described and illus- care for handling a baby who is breech with more appropriately classified as a contra- trated the method. Their goal was to defeat December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18079 an abortion rights bill then before Congress troubling ethical issues. In fact, the whole lining up to tack on amendments, hoping to on grounds it was so extreme that states strategy, according to Rep. Chris Smith (R, gut the measure or send it back to a commit- would have no ability to restrict even late- N.J.), is to force citizens and elected officials tee where it could be watered down or re- term abortions on viable fetuses. The bill to move beyond a philosophical discussion of jected. went nowhere, but strong reaction to the ‘‘a woman’s right to choose,’’ and focus on In a statement about the bill, President campaign prompted anti-abortion activities the reality of abortion. And, he said, to ex- Clinton did not use the word ‘‘veto.’’ But he to use it again. pose those who support ‘‘abortion on de- said he ‘‘cannot support’’ a bill that did not provide an exception to protect the life and * * * * * mand’’ as ‘‘the real extremists.’’ Another point of contention is the reason health of the mother. Senate opponents of MIXED FEELINGS IN MEDICINE the procedure is performed. During the Nov. the bill say they will focus on the fact that The procedure is controversial in the medi- 1 debate before the House, opponents of the it does not provide such an exception. cal community. On the one hand, organized bill repeatedly stated that the procedure was The bill does provide an affirmative de- medicine bristles at the notion of Congress used only to save the life of the mother or fense to a physician who provides this type attempting to ban or regulate any proce- when the fetus had serious anomalies. of abortion if he or she reasonably believes dures or practices. On the other hand, even Rep. Vic Fazio (D. Calif.) said, ‘‘Despite the the procedure was necessary to save the life some in the abortion provider community other side’s spin doctors—real doctors know of the mother and no other method would find the procedure difficult to defend. that the late-term abortions this bill seeks suffice. ‘‘I have very serious reservations about to ban are rare and they’re done only when But Rep. Patricia Schroeder (D, Colo.) says that’s not sufficient. ‘‘This means that it is this procedure,’’ said Colorado physician there is no better alternative to save the available to the doctor after the handcuffs Warren Hern, MD. The author of Abortion woman, and, if possible, preserve her ability have snapped around his or her wrists, bond Practice, the nation’s most widely used text- to have children.’’ has been posted, and the criminal trial is book on abortion standards and procedures, Dr. Hern said he could not imagine a cir- under way,’’ she said during the House de- Dr. Hern specializes in late-term procedures. cumstance in which this procedure would be He opposes the bill, he said, because he bate. safest. He did acknowledge that some doc- Canady disagrees. ‘‘No physician is going thinks Congress has no business dabbling in tors use skull-decompression techniques, but the practice of medicine and because he to be prosecuted and convicted under this he added that in those cases fetal death has law if he or she reasonably believes the pro- thinks this signifies just the beginning of a been induced and the fetus would not pur- series of legislative attempts to chip away at cedure is necessary to save the life of the posely be rotated into a breech position. mother.’’ abortion rights. But of the procedure in Even some physicians who specialize in question he says. ‘‘You really can’t defend it. this procedure do not claim the majority are ORGANIZED MEDICINE POSITIONS VARY I’m not going to tell somebody else that they performed to save the life of the pregnant The physician community is split on the should not do this procedure. But I’m not woman. bill. The California Medical Assn., which going to do it.’’ In his 1993 interview with AMNews, Dr. says it does not advocate elective abortions Dr. Hern’s concerns center on claims that Haskell conceded that 80% of his late-term in later pregnancy, opposes it as ‘‘an unwar- the procedure in late-term pregnancy can be abortions were elective. Dr. McMahon said ranted intrusion into the physician-patient safest for the pregnant women, and that he would not do an elective abortion after 26 relationship.’’ The American College of Ob- without this procedure women would have weeks. But in a chart he released to the stetricians and Gynecologists also opposes it died. ‘‘I would dispute any statement that House Judiciary Committee, ‘‘depression’’ on grounds it would ‘‘supersede the medical this is the safest procedure to use,’’ he said. was listed most often as the reason for late- judgment of trained physicians Turning the fetus to a breech position is term nonelective abortions with maternal and . . . would criminalize medical proce- ‘‘potentially dangerous,’’ he added. ‘‘You indications. ‘‘Cleft lip’’ was listed nine times dures that may be necessary to save the life have to be concerned about causing amniotic under fetal indications. of a woman,’’ said spokeswoman Alice fluid embolism or placental abruption if you The accuracy of the article was challenged, Kirkman. The AMA has chosen to take no position do that.’’ two years after publication, by Dr. Haskell on the bill, although its Council on Legisla- Pamela Smith, MD, director of medical and the National Abortion Federation, who tion unanimously recommended support. education, Dept. of Ob-Gyn at Mt. Sinai Hos- told Congress the doctors were quoted ‘‘out AMA Trustee Nancy W. Dickey, MD, noted pital in Chicago, added two more concerns: of context.’’ AMNews Editor Barbara Bolsen cervical incompetence in subsequent preg- that although the board considered seriously defended the article, saying AMNews ‘‘had the council’s recommendations, it ulti- nancies caused by three days of forceful dila- full documentation of the interviews, includ- tion of the cervix and uterine rupture caused mately decided to take no position, because ing tape recordings and transcripts.’’ it had concerns about some of the bill’s lan- by rotating the fetus within the womb. Bolsen gave the committee a transcript of ‘‘There are absolutely no obstetrical situa- guage and about Congress legislating medi- the contested quotes, including the follow- cal procedures. tions encountered in the country which re- ing, in which Dr. Haskell was asked if the quire a partially delivered human fetus to be Meanwhile, each side in the abortion de- fetus was dead before the end of the proce- bate is calling news conferences to announce destroyed to preserve the life of the moth- dure. er,’’ Dr. Smith wrote in a letter to Canady. how necessary or how ominous the bill is. ‘‘No it’s not. No, it’s really not. A percent- Opponents highlight poignant stories of The procedure also has its defenders. The age are for various numbers of reasons. Some procedure is a ‘‘well-recognized and safe women who have elected to terminate want- just because of the stress—intrauterine ed pregnancies because of major fetal anom- technique by those who provide abortion stress during, you know, the two days that care.’’ Lewis H. Koplik, MD, an Albuquerque, alies. the cervix is being dilated. Sometimes the Rep. Nita Lowey (D. N.Y.) told the story of N.M., abortion provider, said in a statement membranes rupture and it takes a very small Claudia Ames, a Santa Monica woman who that appeared in the Congressional Record. superficial infection to kill a fetus in utero ‘‘The risk of severe cervical laceration and said the procedure had saved her life and when the membranes are broken. the possibility of damage to the uterine ar- saved her family. ‘‘So in my case, I would say probably about Ames told Lowey that six months into her tery by a sharp fragment of calvarium is vir- a third of those are definitely dead before I pregnancy, she discovered the child suffered tually eliminated. Without the release of actually start to remove the fetus. And prob- from severe anomalies that made its survival thromboplastic material from the fetal ably the other two-thirds are not,’’ said Dr. impossible and placed Ames’ life at risk. central nervous system into the maternal Haskell. The bill’s backers were ‘‘attempting to ex- circulation, the risk of coagulation prob- In a letter to Congress before his death, Dr. ploit one of the greatest tragedies any fam- lems, DIC [disseminated intravascular co- McMahon stated that medications given to ily can ever face by using graphic pictures agulation], does not occur. In skilled hands, the mother induce ‘‘a medical coma’’ in the and sensationalized language and distor- uterine preformation is almost unknown,’’ fetus, and ‘‘there is neurological fetal de- tions,’’ Ames said. Dr. Koplik said. mise.’’ Proponents focus on the procedure’s cru- Bruce Ferguson, MD, another Albuquerque But Watson Bowes, MD, a maternal-fetal elty. Frequently quoted is testimony of a abortion provider, said in a letter released to specialist at University of North Carolina, nurse, Brenda Shafer, RN, who witnessed Congress that the ban could impact physi- Chapel Hill, said in a letter to Canday that three of these procedures in Dr. Haskell’s cians performing late-term abortions by Dr. McMahon’s statement ‘‘suggests a lack clinic and called it ‘‘the most horrifying ex- other techniques. He noted that there were of understanding of maternal-fetal phar- perience of my life. ‘‘many abortions in which a portion of the macology. . . Having cared for pregnant ‘‘The baby’s body was moving. His little fetus may pass into the vaginal canal and women who for one reason or another re- fingers were clasping together. He was kick- there is no clarification of what is meant by quired surgical procedures in the second tri- ing his feet.’’ Afterwards, she said, ‘‘he threw ‘a living fetus.’ Does the doctor have to do mester, I know they were often heavily the baby in a pan.’’ She said she saw the some kind of electrocardiogram and brain sedated or anesthetized for the procedures, baby move. ‘‘I still have nightmares about wave test to be able to prove their fetus was and the fetuses did not die.’’ what I saw.’’ not living before he allows a foot or hand to Dr. Hern says if the bill becomes law, he pass through the cervix?’’ NEXT MOVE IN THE SENATE expects it to have ‘‘virtually no signifi- Apart from medical and legal concerns, the At AMNews press time, the Senate was cance’’ clinically. But on a political level, bill’s focus on late-term abortion also raises scheduled to debate the bill. Opponents were ‘‘it is very, very significant.’’ S 18080 CONGRESSIONAL RECORD — SENATE December 6, 1995 ‘‘This bill’s about politics,’’ he said, ‘‘it’s A doctor who performed an abortion, of the women had the procedure that is not about medicine.’’ one of these late-term abortions, would referenced in this bill and one woman Ms. MOSELEY-BRAUN. I thank the face up to 2 years in prison and fines. actually gave birth. All the women had Senator from California for sharing The doctor and the house or the clinic agonized over the decision. It is, after time and I ask unanimous consent to where he or she worked would also be all, the most intimate and most per- be added as a cosponsor of her amend- liable for civil action brought by the sonal decision. ment. father of a fetus or the maternal par- Before I talk about the constitu- The PRESIDING OFFICER. Without ents of the woman, if she was under 18 tional policy implications of the legis- objection, it is so ordered. years old. lation, I would like to retell the story Ms. MOSELEY-BRAUN. Madam As I said, this bill is vague. The defi- of one of the women, Viki, from President, I continue to be astounded nition of abortion as covered under this Naperville, IL. She was at that hearing when I consider the extent to which a legislation is ‘‘partial birth,’’ a term a few weeks ago but did not have a woman’s constitutional right to choice used for its shock value, Madam Presi- chance to tell her story. I think it is has been taken away in this, the 104th dent, not for its medical accuracy. important that her story be told, be- Congress. There is no such medical term as par- cause I think she is a very brave person First came the Hyde amendment lim- tial birth. to come in this present environment iting a poor woman’s reproductive Because doctors cannot agree on and tell the story of what was a horren- choice because Government contrib- what this legislation is intended to dous, heart-wrenching episode in her uted to the payment of her health care. ban, they are going to be frightened life. Then came the battle of parental noti- from performing legal abortions and Viki and her husband were expecting fication, limiting very young women in medically necessary abortions because their third child. At 20 weeks she went their reproductive choices because of of the threat of civil or criminal pros- for a sonogram and was told by her their age—not their condition. Then ecution. doctor that she and her baby were com- came the battle over military hos- This bill further provides no excep- pletely healthy. She named the baby pitals, limiting military women in tion in cases where the banned proce- boy Anthony. At 32 weeks, Viki took their reproductive choices because they dure is used to save the life of the her two daughters with her to watch or their spouse chose to serve their mother. Instead, a doctor would be re- their brother on the sonogram. The country. Then came the battle over quired after being criminally charged technician did not say a word during Federal health insurance, limiting Fed- to provide affirmative defense. We flip the sonogram and asked Viki to come eral employees and their reproductive the whole presumption of innocence on upstairs and talk with the doctor. She choices because they work for the Gov- its head and make a doctor provide an thought maybe it was because the baby ernment. affirmative defense that he or she rea- was breech or there was another com- Now, Madam President, the battle is sonably believed that no other method plication. She is a diabetic and any over this legislation to fine or jail doc- would save a woman’s life. complication could be serious. tors who perform safe, legal, medical Madam President, this is foolish and This is a picture of Viki and her fam- procedures, abortions for women who dangerous for us to do. The affirmative ily. It is a shame she did not get a need them late in their pregnancy. defense will result in doctors going to chance to testify 2 weeks ago. The doc- Madam President, today as it has court and maybe even to jail for their tor at the time was too busy to see her, been since the landmark 1973 Supreme efforts to save a citizen’s life. but called at 7 o’clock in the morning Court decision of Roe v. Wade, the con- Madam President, even if a true life to say that the femurs, the leg bones, cept of reproductive freedom is under exception is substituted, there is no ex- seemed a little short, but assured her assault. Choice is a matter of freedom. ception in this bill in cases where the there was a 99-percent chance that Choice is a fundamental issue of the re- health of the mother is endangered. It nothing was seriously wrong, but asked lationship of female citizens to their does not allow a doctor to do every- her to come in for a level 2 ultrasound. Government. Choice is a barometer of thing he or she can to protect the Viki and her husband found out after equality and a measure of fairness. health and fertility of his or her pa- the second ultrasound was performed Choice is central to our liberty. tient. that their child had no brain—no brain. While, Madam President, I do not be- Madam President, this bill is also the There were eight abnormalities in all. lieve in abortion personally, I do be- first time, to my knowledge, that Con- Viki had to make the hardest decision lieve very strongly and fundamentally gress has attempted to tell a doctor of her life. This is how she explained it: in the right to choose. what specific medical procedures he or ‘‘I had to remove my son from life sup- Today, the assault on reproductive she cannot perform. By choosing to ar- port—that was me.’’ For Viki, the choice has taken on a new ferocity. bitrarily prohibit one type of procedure hardest thing for her as a parent, for The procedure that has become the and not others—and there are other op- any parent, to do is to watch a child be focus of this newest assault on choice tions as has been discussed—by choos- hurt. It is hard enough watching a is a very rare—which you have heard ing just one type of procedure regard- child get teased at the bus station, many times—a rare medical procedure less of the effect on the life and health much less make a decision such as she used to terminate pregnancies late in and the future reproduction options of and her husband had to make. the term when the life or health of the the woman involved, this Congress will The procedure that she underwent mother is at risk and/or when the fetus be micromanaging decisions that are took four visits to the doctor. She re- has severe—severe—abnormalities. best made in a physician’s office. ceived anesthesia on the first visit. Her Only one or two doctors in the entire If a doctor wants to perform an abor- son stopped moving on the first night. country perform this procedure, the tion that is covered by this bill, it is She knew at that point that he was procedure you have heard described. because he or she considers the proce- gone. This was before the procedure to Yes; it is gruesome. But so is the cir- dure to be the most medically sound remove the actual fetus took place. cumstance. This procedure, however, for the woman who is involved. Women Having a D&E procedure was particu- although rare and even though it is are going to face life and health risks larly important because Viki wanted to gruesome, can be the most medically as well as the loss of fertility as they know if this was something she would sound option for preserving the health are forced—forced—to undergo even pass to her two daughters. With a D&E and life of the woman whose life is at more hazardous procedures when their an autopsy can be performed. It was an stake, the citizen whose life and liberty own life may be at stake. isolated situation, although tragic, and is at stake. Madam President, a couple weeks ago her girls will be able to have children Madam President, H.R. 1833, the bill the Senate sent this bill to the Judici- of their own and not have the abnor- that this amendment relates to, is an ary Committee for a hearing. At that malities that Viki faced with her son. unconstitutional, vague ban on the hearing we were able to actually see Her D&E was the closest thing for her procedure that we have discussed here firsthand some women and talk with body to natural birth. She was able to on the floor and is the vehicle for the some women who had made the hardest preserve her fertility, and happily she newest assault on choice. choice that any woman can make. Two is now, again, 30 weeks pregnant and December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18081 the baby that she is carrying looks Then they came for the doctors and I did not times we may lose it. But I believe fine. speak out—because I was not a doctor. deeply that America has a heart and This procedure, Madam President, Then they came for me—and there was no soul and that men and women of good- that this Congress is talking about one left to speak out for me. will, if they truly listen to this debate, micromanaging to make illegal, saved Madam President, the fight on this recognize what it is about, and that is this woman’s ability to have other issue is a quintessential fight for free- what we do trust each other to make children, saved this family from having dom. The issue here is whether or not tragic, personal, private decisions? Or a child with no brain, born only to die women who are living, breathing citi- do we want to hand it over to Senators moments after he came into this world. zens of this United States will enjoy and Congresspeople? Madam President, this is a true story the constitutional protection to make Ms. MOSELEY-BRAUN. That is about a real woman and a family han- the most personal of all decisions—the right. dling an awful, horrible situation in decision whether or not to reproduce, Mrs. BOXER. That is what the Sen- the best way that it can. I know we and whether or not to sacrifice their ator pointed out. And I come down, and have heard other stories. I think it is lives in cases such as that Viki and her the Senator from Illinois comes down, important that we put a real face on family had to go through. That is what and I know my colleague presiding to- these stories because this is not some is at issue here. night comes down on the side of allow- matter of abstract language. We have I am not prepared—and I do not be- ing families, families like this, families to talk about it in constitutional lieve that it is appropriate—for us to like Vikki Stella’s from Illinois to terms, and we have to talk about it in substitute the judgment of the Govern- make those awfully difficult decisions. legal terms. We have to talk about it in ment, the judgment of the Members of I also wish to thank my colleague for medical terms. But the reality is this this body, for the judgment of these really reviewing for us all of the things Congress is moving into the territory women, of their families, of their doc- that have happened to women in this that we have no business in. I think it tors, of their priests, of their pastors. I Congress. Many people do not realize is important that we put a human face do not think that it is our business to that. When she gave us that updated on it beyond the personal and constitu- get that involved in an intimate deci- version of the poem, she pointed out tional implications. sion such as this—to tell a woman, no, the poor women on Medicaid who do I ask the Senator from California you may not save your life, or protect not have really have the right to how much longer may I have? your future fertility because some Con- choose anymore because they cannot The PRESIDING OFFICER. The Sen- gressman had an idea that he wanted afford it. This Congress will not allow ator from California has 34 minutes. to pass a law that restrains you in de- Mrs. BOXER. Madam President, I them to use their Medicaid insurance cisions about your own body and your to cover their right to choose; women yield 5 minutes to the Senator from Il- own health. When Viki made the deci- linois. in the District of Columbia who happen sion to remove her child from life sup- to have the misfortune of having Sen- Ms. MOSELEY-BRAUN. Under H.R. port—her body, and that is what it 1833 women will lose a constitutionally ators and Congressmen tell them what was—she made a decision with the help to do; Federal employees, women who based right. Under Roe versus Wade of her husband and her doctor that and Planned Parenthood versus Casey, pay for their own health insurance, a only she could make. The Government great part of it, no longer can use that the Supreme Court standard is that a has no right to intervene in this rela- State may not prohibit post-viability insurance; and now any woman in tionship between a woman and her abortions necessary to preserve the life America, any woman in America of any body, her doctor, and her God. or health of a woman. Under H.R. 1833/ income level in any circumstance is It is for that reason that I oppose S. 939, the only recourse is an affirma- being hit in her heart by the Smith- this legislation, and I support the tive defense and even then, this is only Dole bill, and it is very hurtful. Boxer amendment. for life. I am glad to yield to my colleague. In other words, if you wind up unable I would like to also clarify for the Ms. MOSELEY-BRAUN. Will the Sen- to have other children, if you wind up RECORD, to make clear that there is ator yield? ruined for life, that is OK under this right now in this bill no exception, no I never cease to find it a little amus- bill. exception for life of the mother, and ing—I know this gets on some difficult While H.R. 1833/S. 939 is focused on that is why the Boxer amendment is so ground in these debates, but most of late-term abortions, doctors who per- important. this debate takes place with people form early-term abortions by the loose- Again, we have no right, I believe, to who themselves have never been preg- ly defined means covered by the bill intervene in the relationship between a nant. are subject to the same liability. woman and her own body, a citizen, in Mrs. BOXER. That is correct. Choosing to have an abortion when the behalf of the fetus that is not yet a cit- Ms. MOSELEY-BRAUN. Quite frank- fetus is not yet viable is clearly a con- izen. Obviously, we would all want to ly, having been there—and as the Sen- stitutionally protected right under Roe see life. We all support the idea of a ator knows, everyone in this Chamber versus Wade. This bill changes that. right to life. Of course someone has a knows, there is nothing more impor- This assault on a woman’s constitu- right to life. But do not living have tant in my entire life than my son tional rights and this Congress’ relent- rights also? And is not this Constitu- Matthew, but I can tell you I gained 40 less attack on a woman’s right to tion written for them? And if it is writ- pounds, my teeth started to rot, I choose remind me of a famous poem by ten for them, is it not inappropriate for wound up hospitalized three times. I Martin Niemoller, a Protestant min- this Congress to intervene in areas in mean, who has not been through this, ister held in a German concentration which we are not expert and we do not who has not been through this who has camp for 7 years. I would like to again have the capability? I mean, we have actually been through a pregnancy? So give you my own, more contemporary no right at all to legislate. who can relate to the tragedy and to version of his parable. I call it ‘‘The And with that, Madam President, I the emotion and to the physical de- Assault on Reproductive Rights.’’ yield the floor to the Senator from mand of being in Viki’s shoes, being First they came for poor women and I did California. here, pregnant out to here. Remember not speak out—because I was not a Mrs. BOXER addressed the Chair. what it was like when you were preg- poor woman The PRESIDING OFFICER. The Sen- nant out to here? I was like that in Then they came for the teenagers and I did ator from California. June. It was miserable. Pregnant out not speak out—because I was no longer Mrs. BOXER. Before my colleague to here, only to discover the child that a teenager. from Illinois leaves the floor, I thank you are carrying, that you have an Then they came or women in the military her especially for the updated version identification with has no brain, and and I did not speak out—because I was of that very famous poem that came not in the military. this legislation would force that child Then they came for women in the Federal out of the Nazi era. Of course, the point to be born? Government and I did not speak out— is that we need to speak up when peo- I thank the Senator from California because I did not work for the Govern- ple are losing their rights, and some- for yielding, but I say to you that I ment. times it is a lonely battle and some- think it is also very important that S 18082 CONGRESSIONAL RECORD — SENATE December 6, 1995 those who cannot be pregnant really ception.’’ I thought it was going to term ‘‘abortionist.’’ He uses the term should think twice before they talk read like all of the life-of-the-mother ‘‘abortionist.’’ about this issue. exceptions which are very straight- I again want to say as we debate this I thank the Senator. forward and simply say notwithstand- emotional issue, a doctor who performs Mrs. BOXER. I say to my friend, she ing anything in this bill, there is an ex- an abortion is a doctor. A doctor who makes a very good point, because we ception for the life of the mother. But, performs a legal medical procedure is a hear men in this Chamber talk about no, when I finally read it, I realized, if doctor, not an abortionist. That doctor the joys of birth and the travel through you will, it is a partial life exception. also delivers many, many babies. That the birth canal, and, yes, we hope every And this is what I said on the same doctor is an ob-gyn and deserves re- pregnancy is a joyous, wonderful, prob- night. spect. If you want to make abortion il- lem-free moment for every single I have now had an opportunity to read it. legal, that is your right. That is your woman in this country, regardless of Meaning the amendment. right. I applaud that right. But do not her status in the country. do it through the backdoor like this, Unfortunately, we know also that is I want everyone to know that it is really not an exception for the life of the mother and do not call a doctor who performs not the case and sometimes the baby is because what it says is, essentially, that this a legal procedure an abortionist. not safe in the womb and sometimes procedure will be banned except it will not Then there is mention this one doc- the mother could contract a terrible apply to a partial-birth abortion that is nec- tor did not come to the hearing. He was disease such as cancer and is faced with essary to save the life of the mother whose invited. That is right. I put in the a choice where, if she carries through life is endangered by a physical disorder, ill- RECORD a letter from his lawyer. This with the pregnancy, she could lose her ness, or injury. doctor, his life has been threatened. He life. And to have people in this Cham- I say to my friend, this is not a life-of-the- has been harassed. And we stand up on ber stand up and say they want to be in mother exception. That is a pre-existing sit- this floor and call a doctor an abortion- uation. So, yes, if a woman had diabetes or that living room, in that hospital some other disease, there would be an excep- ist when we are having such an emo- room, in that family conversation, tion, but if, in fact, the birth itself endan- tional debate. frankly, makes me feel sick because we gered her life there would be no exception. I applaud Chairman HATCH of the Ju- were not elected to be part of this fam- That is what I said after I saw the diciary Committee who came down and ily or any other family. We have our amendment. So let us get that clear, made a speech on this and said, ‘‘I en- own families. Let us take care of our folks. Let us argue about what the dif- dorse this bill. I support it. But I abhor own families. And let us take care of ferences are here and not try to trap violence.’’ We have to resolve this as the larger American family. But do not each other into putting a spin on what human beings with disagreements. It does not help to raise emotion and get into the private lives of these peo- we are doing. attack a physician or a group of people ple. You have no right to do that. No- Now, of course, I say to my col- who have chosen to be ob-gyn’s who, by body voted for you to do that. And that leagues, vote for the Smith-Dole the way, vehemently oppose this bill, is what this is about. amendment because at least it will their organization, the American Col- Coreen Costello, the woman I have help save the life of three or four talked about over these last couple of lege of Obstetricians & Gynecologists. women out of the couple of hundred a days, said it best. When she found out And, yes, we heard from one nurse who year that find themselves in this cir- this tragic news, she fell to her knees served 3 days in a clinic who was dis- cumstance. No problem—vote for it. and prayed. She is very religious, very puted by her supervisor, but who said But then vote for the Boxer-Brown- religious. She is a conservative Repub- this was a terrible procedure. And that Specter-Murray-Lautenberg-Snowe- lican. She does not believe in abortion. is her right to believe that and to say Moseley-Braun amendment because And she said the last thing I wanted at that. But the American Nurses Asso- that addresses a true exception for the that moment was a politician telling ciation—and how many are in that as- life of the mother and an exception me what to do. And yet this bill would sociation? Many thousands, and we will when serious adverse health risks to deny the Coreen Costellos and the Viki have that number tomorrow; many Wilsons an option to save their life, to the mother exist. thousands—they absolutely oppose this Madam President, as I have said protect their fertility, and their health legislation. These are nurses who want since this debate started, ‘‘partial- because a majority of men in this Sen- to help people live. They want to help birth abortion’’ is not a medical term. ate decided they know better than Viki people live. There is no such thing as a ‘‘partial- and Viki’s husband and Viki’s doctors. Why on Earth would we ban a proce- birth abortion.’’ No medical text de- What arrogance of power. That is what dure that doctors have testified is nec- this debate is all about. fines ‘‘partial-birth abortion.’’ None of essary to save the life of the mother? Madam President, I would like to be the doctors who gave testimony at the Why would we do it? And who are we to told when I have 10 minutes remaining Judiciary Committee could define it. It do this? This is not a medical school. on my side. is a made-up term. It is made up by the This is not an ethics panel of a medical I am proud to add as original cospon- antichoice forces so that people will school. This is not a board of doctors sors to the Boxer amendment Senator get their emotions going. who sit around and discuss these issues BROWN, Senator SPECTER, Senator What is the picture that emerges and understand them. I repeat Senator MURRAY, Senator LAUTENBERG, and when you say partial-birth abortion? It KENNEDY’s comment that he made in Senator SNOWE. I ask unanimous con- sounds like a baby is being born and all the Judiciary Committee: ‘‘Some Sen- sent that that be made part of the of a sudden the mother says, I change ators are practicing medicine without RECORD. And of course, Senator my mind. How ridiculous that is. The a license.’’ MOSELEY-BRAUN, whom we have al- fact of the matter is, there is no such We are over our heads if we think we ready added. thing. It is a late-term abortion that is can sit here and because somebody got The PRESIDING OFFICER. Without done in an emergency procedure in a a drawing explaining the consequences objection, it is so ordered. tragic situation. And that is what they of a procedure, a medical procedure. Mrs. BOXER. I will open up this de- are going about banning here, a proce- That is not our job. I do not know any- bate by saying I do not appreciate dure that is used, that is the safest, one who ran for the U.S. Senate who when my comments are taken out of doctors say, many doctors say, to save said, ‘‘I’m an expert in medical proce- context. When I heard about the so- the life of the mother or protect her dures. Vote for me.’’ called life-of-the-mother exception, health, her future futility. We have heard the women’s stories. which is absolutely not a life-of-the- Now, another thing that has hap- We know how important this procedure mother exception, I was elated that the pened over the past few nights—I say was to real women and to their fami- Senator from New Hampshire was ad- to my friend from New Hampshire, he lies. We then hear time and time again mitting that those of us who said there and I have done this now running, I that many of these abortions were elec- was no life exception in his bill were think it is 3 nights running, plus we did tive—elective. That is a medical term. right, he finally agreed with us. it before when this first came up, plus That is a medical term. It refers to When I looked at the amendment, it we have been on national television de- anything other than a life-saving abor- was entitled ‘‘Life-of-the-Mother Ex- bating each other on this—he uses the tion. So we bandy about words like December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18083 ‘‘elective’’ without knowing what they simply a vessel, we are putting a face court Brace. I do not know whether mean. We talk about medical proce- on this. We are putting a face on this. that is acceptable to the Senator from dures as if we are physicians. We know that Viki’s testimony California or not. But the definition of I have just learned that the Amer- moved the people who heard it. an abortionist is one who causes abor- ican Nurses Association, they do not Tammy Watt’s daughter, McKenzie, tion. That is pretty clear. I do not represent thousands of members; they had no eyes, six fingers, six toes and know why anybody would object to the represent 2.2 million nurses. So, yes, large kidneys which were failing. The term ‘‘abortionist’’ when someone we had one nurse who served 3 days baby had a mass growing outside of her being called an abortionist causes an who came out against this procedure; stomach involving her bowel and blad- abortion. It seems to be awfully defen- and the American Nurses Association, der and affecting her heart and other sive to me. who represents 2.2 million nurses, says, major organs, and the doctor said they I want to respond to the Senator ‘‘Please vote down this ill-conceived had to use the procedure that this bill from Illinois, and I am sorry she is not bill.’’ will outlaw. here on the floor, in regard to her re- This is not about sex selection or Because we are looking for Viki’s marks. The Senator from Illinois, Sen- eye-color preferences. I resent the fact story, we may tell it tomorrow. I am ator MOSELEY-BRAUN, a few minutes that the Senator from New Hampshire going to keep her face up here, and I ago said that this bill is unconstitu- would attempt to make a statement am going to go on. tional. Even in Roe versus Wade —I that Senators who believe there ought This bill criminalizes the late-term want to point out, she said it was un- to be a life and health exception for the abortion procedure by placing the bur- constitutional, but even in Roe versus den on the physician to persuade the mother support those kinds of abor- Wade, the decision that is thrown judge or jury that ‘‘no other medical tions. I guess he does not understand around here all the time by the pro- procedure would suffice to save the life the law of the land, Roe versus Wade, choice people, obviously, the Supreme of the woman.’’ which says that subsequent to viability That means a doctor using this pro- Court said that the born child, that is the State has an interest in protecting cedure can be hauled into court, and I the exact terminology, ‘‘the born fetal life, and as long as it takes into will tell you, the chamber of horrors child’’ is a ‘‘person’’ entitled to ‘‘the consideration the life and health of the begins. equal protection of the law.’’ mother, the State can pass laws that Mr. President, I am going to close de- Let me repeat that, because the Sen- certainly prohibit abortions for eye bate tonight, after my friend from New ator from Illinois said this bill is un- color or sex selection. Hampshire has concluded his presen- constitutional. Even in Roe versus. This debate is not about unwanted tation, by reading Viki Wilson’s story. Wade, the Supreme Court said that the pregnancy. This is about wanted and But at this time, I yield the floor and born child is a person entitled to the loved babies, children planned and de- reserve the remainder of my time. equal protection of the law. sired by their families, but something The PRESIDING OFFICER. The Sen- Now, I ask any reasonable person, if horrible happened in the end of the ator from New Hampshire is recog- there is anybody left on the face of the pregnancy, either to the woman in her nized. Earth who is undecided—hopefully health or to the fetus, anomalies in- Mr. SMITH. Mr. President, I yield somebody may be in the Senate be- compatible with life. myself 11 minutes. cause we are the ones who have to I knew one woman who was diag- This is really an interesting debate, vote; hopefully, I pray, there might be nosed with cancer in the beginning of and I said last night, Viki Wilson’s somebody out there listening and try- the last trimester of her pregnancy and story is truly a tragedy and my heart ing to make up their mind—how can was told if she carried the baby to goes out to Viki Wilson. I understand anyone reasonably say that a child, term, she would die. She had to face the difficulty and horrible situation feet, legs, toes, little soft rear end, that with her husband. They had other that she went through. torso, shoulders, arms, hands, part of children. But she desperately wanted But let me read a paragraph from the neck out of the birth canal, born is this child. In the end, they decided to Viki Wilson’s testimony. Viki Wilson, not a child or a person because the save her life. before the Senate Judiciary Committee head still remains inside the birth Who is this Senate to tell her she did just recently: canal? How can anyone say that? What the wrong thing? Who is this Senate to My daughter died with dignity inside my is not child or not person about what tell her doctor he cannot use a proce- womb. She was not stabbed in the back of the doctor is holding in his hands? dure that might save her life? the head with scissors. No one dragged her Suppose it was reversed, Mr. Presi- Viki Wilson has two other children. out half alive and killed her. We would never dent, and the child’s head came first This is Viki Wilson. She is 39. Her hus- have allowed that. and he began to breathe, is he then band is Bill. Do you know what he My bill, the bill that is on the floor born? You bet he is. You bet he is, be- does? He is an emergency room physi- before us, or the amendments, would cause that abortionist cannot do a cian. Do you know what she does? She not have precluded Viki Wilson from thing to that child when the head is a registered nurse. These are their that procedure. Viki Wilson herself comes out first and that child is two children. John is 10 and Katie is 8. just admitted she would not have done breathing. He cannot do anything to it, They happen to live in Fresno, CA. He that procedure. and my colleagues know that. saves lives in the emergency room. He I also want to respond to Senator So what do we do? We reverse the po- exposes himself to great danger work- BOXER on a couple of other points. She sition in the womb, so that the feet ing there. She is a nurse. She saves made much of the term ‘‘elective pro- come first, with forceps. We reverse the lives. And Senators on this floor think cedure,’’ as if somebody made it up on position in the womb. It is a deliberate they have a right to interfere with the floor when talking about abortion. act, the most horrible act against an their personal decisions? What an out- This is Dr. Harlan Giles’ testimony innocent child. That is what we are rage. in court where he says as follows: talking about here. That is what we Their third child, Abigail—they gave An elective abortion is a procedure carried are talking about here. her a name—was their baby. Her brain out for a patient for whom there is no identi- That is not a ‘‘partial birth.’’ What is had formed two-thirds outside the fiable maternal or fetal indication; that is to that? That is a child. How can anyone say, the patient feels it would be in her best head. I want to talk about her story. interest to terminate the pregnancy either say that does not deserve protection The PRESIDING OFFICER (Mr. JEF- on social, emotional, financial grounds, et under the Constitution of the United FORDS). The Chair advises the Senator cetera. If there are no medical indications States? With the greatest respect for she has 10 minutes remaining. from either a fetal or maternal standpoint, the Senator from Illinois, I sure do not Mrs. BOXER. Mr. President, it is a we refer to the termination as elective. read that in the Constitution. I sure do story that will move you. It is a story So I think that is pretty clear that I not read that in Roe versus Wade. A that was told to the Judiciary Commit- did not make it up and that it is ac- born child. Now, if the Senator from Il- tee, and while you are going to see cepted. linois, or any other Senator, wants to posters of part of a woman’s body I am also looking at the Standard take the floor and say here and now drawn like a cartoon, as if a woman is College Dictionary, published by Har- that that is not a child, 90 percent of S 18084 CONGRESSIONAL RECORD — SENATE December 6, 1995 which is in the hands of that person— know who that anger is aimed at. I do During our drive to Los Angeles to see the call him a doctor, an abortionist, call not know if it is aimed at the Senators specialist we chose our daughter’s name. We him what you want—and is wiggling, who disagree. I do not know who it is named her Abigail, the name that my grand- moving, and you can feel the heart- aimed at. mother has always wanted for a grandchild. We live in a world where we do not We decided if she were to be named Abigail, beat, of course, and you can feel the her great grandmother would be able to rec- movement of the child—it is wiggling. know what lies ahead and down the ognize her in Heaven. You think of those That is not a child? What is it? My road. We pray to God that every birth things when you are going through a crises God, what is it? Let us be serious. Of experience that we will have in our like this. course it is a child. And you delib- own personal families and everyone’s Losing Abigail was the hardest thing that erately reverse the position in the will be a good one, and that the babies ever happened to us in our lives. After we uterus to make that child come out will be healthy. went home, I went into the nursery, held her feet first. I want to say that the anger that you clothes, crying and thinking I will never be just saw here displayed on this floor, in able to tell her that I love her. I have often A ‘‘chamber of horrors,’’ my col- wondered why this happened to us. What did league said. You bet it is. It is a cham- reality, is aimed at families like this in the picture. That is who it is aimed at. we do to deserve this pain? ber of horrors in the United States of I am a practicing Catholic and I could not America. And I have to stand here with These are the families that are the los- help but believe God had some reason for giv- some of my colleagues and try to stop ers. These are the families who will ing me such a burden. Then I found out something that should not be happen- lose a mom if this bill goes forward. about this legislation and I knew then and ing. I heard a lot about doctors and OB- Why do I say that? Because doctors there that Abigail’s life had special meaning. GYN’s. No one testified in that hearing have testified that it is the safest pro- I think God knew I would be strong enough to come here and tell you my story, to stop who performed one of these, and no cedure to use in the late term. I am going to read you Viki Wilson’s this legislation from passing and causing in- one—no one—including Viki Wilson statement, and then I am going to ask credible devastation for other families like and others, and including the young you whether you believe Viki Wilson ours because there will be other families in woman that Senator MOSELEY-BRAUN our situation, because prenatal testing is not deserves that kind of anger that we spoke about, had a partial-birth abor- infallible, and I urge you, please, do not take just heard on this floor. away the safest method known. tion, because a partial-birth abortion This is Viki here in the photo. She is involves killing a child by inserting a a nurse. This is her husband, who is a Mr. President, I ask unanimous con- catheter and scissors in the back of the doctor in an emergency room. sent for 5 additional minutes. head, in the canal. That is a partial- The PRESIDING OFFICER. Without At 36 weeks of pregnancy, all of our dreams birth abortion. That is what I am stop- and happy expectations came crashing down objection, it is so ordered. ping. We are not stopping anything around us. My doctor ordered an ultrasound Mrs. BOXER. Thank you. else. at that time and detected what all my pre- I told my Monsignor at my parish that I I do not know if the Senator from vious prenatal testing failed to detect, an en- was coming here to Washington, and he sup- California knows Mary Davenport, OB- cephalocele. That is a brain growing outside ported me and he said, ‘‘Viki, what happened GYN, Oakland, CA. She wrote to me on the head. Approximately two-thirds of my to you was not about choice. You did not December 1, 1995: baby’s brain had formed on the outside of her have a choice. What you did was about pre- skull and, literally, I fell to my knees from serving your life.’’ I was grateful for his DEAR SENATOR SMITH: I am writing to you shock because, being in pediatrics, I realized words and I agree, this is not about choice. in support of the partial-birth abortion bill. that she would not survive outside my This is a medical necessity. It is about life There is no medical indication for this proce- womb. and health. dure, and the performance of this operation My doctor desperately tried to figure out a My kids attend a Catholic school where a is totally in opposition to 2,000 years of Hip- way to save this pregnancy. All my medical playground was named in Abigail’s honor. I pocratic medical ethics. Please do your best rationality went out the window. I thought believe that God gave me the intelligence to to eliminate this procedure. It is not done in there’s got to be a way. Let’s do a brain make my own decisions, knowing that I am any other nation of the world. transplant. That is how irrational I was. I the one who has to live with the con- If you think I solicited that letter, I wanted this baby. My husband and I were sequences. have 250 more of them from OB-GYN’s praying that there would be a new surgical My husband said to me, as I was getting on all over America who are outraged and way, but all the experts concurred that Abi- the plane coming here to Washington, ‘‘Viki, disgusted and horrified that we would gail could not survive outside my womb, please make sure this Congress realizes this could not survive the birthing process be- do this to our children. What kind of a would truly, truly be the Cruelty to Families cause of size of her anomaly. Basically, her Act.’’ country are we? head would have been crushed and she would So, again, for us, for future families, and I yield the floor, Mr. President. have suffocated, and that would have been for more and more families. We are all sit- The PRESIDING OFFICER. Who her demise, coming through my birth canal. ting at home thinking, this is 1995, no way in yields time? Because of her anomaly, it was also feared a rational situation are they going to see the Mr. SMITH. Mr. President, I suggest that had she come through the birth canal, necessity of this legislation. They are going the absence of a quorum. my cervix would have ruptured. to realize that when they hear our stories. The doctor explained to me that even if I The PRESIDING OFFICER. The had gone into spontaneous labor— Mr. President, why are we getting clerk will call the roll. angry at women like this? Why are we Which, by the way, my colleagues The assistant legislative clerk pro- getting angry at husbands like this? say is an alternative. ceeded to call the roll. Why are we getting angry at families More than likely my uterus would have rup- Mrs. BOXER. Mr. President, I ask tured, rendering me sterile, and that was not like this? What right do we have to get unanimous consent that the order for an acceptable option. It was also discovered angry at decent, religious, family-lov- the quorum call be rescinded. during one of my exams. I kept crying on the ing people like this? To stand on this The PRESIDING OFFICER. Without examining table, saying, ‘‘How could this be? floor and wave our arms at people like objection, it is so ordered. You know, there are such strong baby move- this, because that is what this is about. Mrs. BOXER. Mr. President, how ments.’’ And they said, ‘‘I am sorry, Viki, The Smith-Dole exception for life of much time do I have remaining on my those are seizures.’’ My immediate response the woman is not an exception. It only side? was, ‘‘Do a C-section and get her out.’’ ‘‘Viki, deals with women who come in with a we do C-sections to save babies. We can’t The PRESIDING OFFICER. Eight save her, and a C-section in your condition is preexisting condition or injury. I minutes 11 seconds. too dangerous, and I can’t justify those pray—I pray—that the Senate will be Mrs. BOXER. Mr. President, I would risks.’’ courageous—because it is very difficult like to retain 2 minutes of my time, if The biggest question then became for my to explain this in 5 minutes to my col- the Chair will let me know when I have husband and I. A high power had already de- leagues—that they will support the used 5 minutes. cided that my baby was going to die. The Boxer - Brown - Specter - Lautenberg - The PRESIDING OFFICER. The question was, how is she going to die? Moseley - Braun - Murray - Snowe We wanted to help her leave this world as Chair will so advise the Senator. painlessly and peacefully as possible and in a amendment. It is bipartisan, it is the Mrs. BOXER. I thank the Chair. way that protected my life and my health, to right thing to do. Mr. President, we have just heard a allow us to have more children. We agonized We have come together as family, very loud and angry voice. I do not and we prayed for a miracle. loving Members of this U.S. Senate. We December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18085 have reached across the aisle that di- we will not get to this situation be- My friend from California talked vides us, Mr. President. We are stand- cause there has been no credible evi- about the fact that ‘‘America does have ing for these families. dence at all in the hearings—none— a heart and soul.’’ Yes, we have a heart I hope we will lower our voices, be- that this procedure would ever be used and soul. That is why we are on the cause there should not be room for that to save the life of the mother. That evi- floor. That is why Senator SMITH intro- kind of anger, in my humble opinion. dence was just to the contrary. The duced this bill. This is why people We are trying to reach a rational deci- evidence was that there were other pro- across this country—once they learned sion on a heart-wrenching issue here. cedures that would be used. This would about the facts of this procedure—are We should not be angry at each other. not be used. You would not use the pro- simply saying, ‘‘No, it is wrong. We We should not be angry at families like cedure. The evidence was it would take cannot tolerate it. We cannot permit this or to the doctors these families 3 days, which this procedure does. it.’’ turn to in the most difficult cir- Dr. Smith of Chicago, IL, and Mt. My friend talked about the arrogance cumstances. Sinai Hospital, a very credible witness, of power, that we are somehow arro- The PRESIDING OFFICER. The Sen- testified this is simply not the stand- gant to be making this argument. It is ator from New Hampshire has 5 min- ard of care. Let me quote a portion of not arrogance. I think it would be, utes 18 seconds. the testimony from the hearing. If any- quite frankly, not arrogance but indif- Mr. SMITH. I yield myself 18 seconds one has the doubt about the relevancy, ference for us to turn our back on this and the remainder of the time to the look at this on page 78 of the hearing horrible, horrible procedure. Senator from Ohio. by the Committee on the Judiciary. Finally, Mr. President, my friend I say in response to the Senator from Now, this insinuates that this is a standard from California talked about the anger. California, if the 800 children who were of care to take care of a trapped fetal head Who is this directed at, this anger? perfectly normal electively aborted on a breech deliver. This is totally untrue, This anger is not directed at anybody, could speak here on the floor today, and I have provided for you from Williams Ob- not a person. It is directed at a proce- they would be angry, too. stetrics the techniques that are used by obste- dure that a civilized society simply Mr. DEWINE. Mr. President, I think tricians to deal with this problem. Those should not permit. all the arguments have been made. techniques include relaxing the womb with halifane or with anesthesia, cutting the cer- Mr. President, we will surely con- That usually does not stop us. We con- vix, in limited circumstances if you are tinue this debate tomorrow. tinue to make them and will probably going to do a Cesarean section to save a term At this point, I yield the floor. make some more tomorrow. baby, you can do that. And if the baby has The PRESIDING OFFICER. Who Let me try to be very, very brief in what we call hydrocephalus, or water on the yields time? closing. I think it is important, as I brain, you insert a needle and drain that Mr. SMITH. Mr. President, I suggest said 2 days ago on this floor, we keep fluid. the absence of a quorum. our eye on the ball, we keep our eye on The testimony is very, very clear. Of The PRESIDING OFFICER. The what this debate is about, what is rel- the other procedures that you use, this clerk will call the roll. evant and what is not relevant. is simply not one of them at all. The assistant legislative clerk pro- The horrible tragedy that the Sen- Again, Mr. President, let us keep our ceeded to call the roll. ator from Illinois described a few min- eye on the ball. Let us talk about this Mrs. BOXER. Mr. President, I ask utes ago, the horrible tragedies that in a rationale way. Let us talk about unanimous consent that the order for my friend from California continues to what is relevant and what is not rel- the quorum call be rescinded. describe are horrible. They are tragic. evant. The PRESIDING OFFICER. Without Everyone was moved in the committee. Time and time again on this floor the objection, it is so ordered. I had tears in my eyes before I left the argument has been made that if you Mrs. BOXER. Mr. President, thank room listening to those horrible trage- support this bill, it is an attack on Roe you very much. dies. Our heart goes out to these fami- versus Wade. I would submit that flies Mr. President, this has been a very lies. But the fact is these horrible cases in the face of any rational discussion tough debate, and I have 4 minutes left. are not relevant to what we are talking about what Roe versus Wade really I am not going to use it. I know the about. Viki Wilson did not have this means and a correct interpretation of majority leader is ready to say good- procedure. it. night to all of us for the evening. So Let me repeat for my friends on the Pro-choice individuals in the House maybe we can have some semblance of floor and my friends who may be of Representatives, such as Representa- some sort of dinner. watching this on TV that Viki Wilson tives KENNEDY, MOLINARI, GEPHARDT, Mr. President, this has been probably did not have this procedure. I do not TRAFICANT, each one voted in favor of the harshest debate we have had to know how many times we have to say this. I do not want to put words in date on this topic. I think it is so im- it. That is what the facts are. None of their mouths, but I will simply say portant that when we debate each the three women did. It is simply not that a person who is pro-choice could other, we do it right on the mark, that true. very well support this. we get to our differences. I have told Let me read from the proposed stat- Mr. President, I ask for 3 additional some heart-wrenching stories, and ute. ‘‘As used in this section, the term minutes. these stories were told before the Judi- ‘partial-birth abortion’ means an abor- The PRESIDING OFFICER. Without ciary Committee by people like Viki tion in which the person performing objection, it is so ordered. Wilson, a nurse, a practicing Catholic. the abortion partially vaginally deliv- Mr. DEWINE. Mr. President, a person Her husband is an emergency room ers a living fetus before killing the who is pro-choice could very consist- doctor. fetus and completing the delivery.’’ ently support this bill as these pro- We have here Coreen Costello, whose That is not what happened in these choice Representatives in the House of story I have told a number of times, a particular cases, however sad they say Representatives clearly did. A pro- conservative Republican, who had been they are. choice person can support this simply completely against abortion until she Let us keep our eye on the ball. Let by believing, by saying, by arguing faced this tragedy. And she came and us keep our eye on the ball and have that there is some limit to what we told her story. relevant debate in regard to saving the will permit; there is some limit to Then my friends on the other side life of the mother. what a civilized people tolerate. said: Wait a minute. They made a mis- The bill, as Senator SMITH introduced Again, I do not want to put words in take, these women. They did not have it, had an affirmative defense. The their mouths. But I think that clearly the kind of procedure that we are try- amendment that Senator DOLE has pro- is a consistent position with being pro- ing to outlaw. posed should take any doubt away that choice. My friends, that is an interesting de- it is covered because it puts it right in So this is not an attack on Roe ver- bating topic, but do not tell these peo- the statute itself—puts that exception, sus Wade. You simplistically could ple what procedure they went through. the life-of-the-mother exception. But argue that. But I think it is very, very They read the definition in your bill. even, in a sense, of more significance is incorrect. Viki Wilson is a nurse. Her husband is S 18086 CONGRESSIONAL RECORD — SENATE December 6, 1995 a doctor. They read the bill—the doctor Mr. DOLE. Mr. President, for the in- speech guaranteed by the first amend- that performed this, a doctor that you formation of all Senators, we have been ment. have attacked over and over again, Dr. attempting—and have wasted the And, after all, the first amendment is James McMahon, who was summoned whole day—to bring up the flag amend- not absolute. One cannot use libel to by Representative CANADY to testify ment. We were precluded from doing convey an opinion and claim first because he performed the very proce- that by the efforts of the Senator from amendment protection. Obscenity, and dure you wish to outlaw. New Mexico, Senator BINGAMAN. He has fighting words, and yelling fire in a So if you want to speak out against every right to do that. I know he is not crowded theater, all fall outside the the Boxer-Brown-Specter-Moseley- for the flag amendment, but he indi- first amendment’s free-speech guaran- Braun–Snowe amendment, et al., you cates he does not mind if we vote on it. tee. should. You should speak out against But I wanted to point out that to- In fact, even some of the strongest our amendment. You should say there morrow is Pearl Harbor day. Tomorrow supporters of the first amendment should be no exception for the life and is December 7. On a Sunday morning 54 never imagined that the act—the act— serious health consequences to a years ago, more than 2,300 brave Amer- of flag-burning would merit constitu- woman. But do not say that these icans lost their lives during the raid on tional protection. women do not know what they are the U.S. Pacific Fleet. As a testament As Justice Hugo Black, considered by talking about and their families do not to their valor, some of the dead are many legal experts to be a first-amend- know what they are talking about, permanently entombed in the U.S.S. ment absolutist, once put it: ‘‘It passes when, in fact, your side has named the Arizona, one of the ships sunk during my belief that anything in the Federal very doctor that they used for this the attack. Constitution bars a State from making late-term abortion, your side has As World War II raged on, thousands the deliberate burning of the American named him and paraded his name of other brave American soldiers fol- flag an offense.’’ Or as former Chief around because he used that very pro- lowed their country’s flag into battle. Justice Earl Warren explained: ‘‘I be- cedure you wish to outlaw. The great sacrifices made by our fight- lieve that the States and the Federal So, Mr. President, this has been a ing men and women during this war Government do have the power to pro- tough night. We have heard raised and in subsequent conflicts—Korea, tect the flag from acts of desecration voices. It has not been pleasant. As a Vietnam, the Persian Gulf, Somalia— and disgrace * * *’’ matter of fact, this has been the most reflect the courage and strength of So, Mr. President, it’s time for a lit- tle reality check: We can pass laws unpleasant week that I can remember character of the American people. making it illegal to destroy U.S. cur- here in a long time for me personally, Our flag is the unique and beloved rency, or deface your own mailbox, or because, yes, I think it is arrogant to symbol of these qualities. Representing even rip the warranty label off your insert a politician into this woman’s Americans of every race, creed, and so- own bedroom mattress. But, according life, into this man’s life, and into these cial background, the flag is also the to the Supreme Court, if you want to children’s lives. I do not think that we one symbol that brings to life the burn our Nation’s most cherished sym- have the wisdom to know better how phrase ‘‘E Pluribus Unum’’—Out of bol, the flag, just go right ahead. many, one. they should handle a tragedy such as And that is why we need a flag So it would seem to me that as we the tragedy they had to handle. amendment: not to amend the Bill of look back over the history of America, And I hope and I pray that the bipar- Rights, not to change the first amend- one of our most enduring national im- tisan amendment that I have offered, ment, but to correct the Supreme ages is the famous picture of six coura- and which we have reached across the Court’s own red-white-and-blue blun- geous Americans—Sgt. Michael Trank, aisle to work together to protect fami- der. lies like this, passes. Cpl. Harlan Block, Pfc. Hamilton Let me make another point: The I yield the floor. Hayes, Pfc. Rene Arthur Gagnon, Pfc. Framers of the Constitution inten- Mr. DOLE addressed the Chair. Franklin Runyon, and Pharmacist’s tionally made the amendment process The PRESIDING OFFICER. The ma- Mate John Henry Bradley—who risked a difficult one, requiring the assent of jority leader. their lives to raise Old Glory at the top two-thirds of each House of Congress f of Iwo Jima’s Mount Suribachi. and three-fourths of the State legisla- These men were not constitutional FLAG DESECRATION CONSTITU- tures before an amendment’s ratifica- scholars. They were not legal experts. TIONAL AMENDMENT—MOTION tion. These sensible hurdles were de- They were young enlisted men, like so TO PROCEED signed to protect the Constitution from many of the 6,000 American soldiers Mr. DOLE. Mr. President, I now move ill-conceived and frivolous changes. who gave their lives to their country But once an amendment has been rati- to proceed to Senate Joint Resolution during the deadly ascent up that hill. 31 regarding the desecration of the flag. fied, clearing the high hurdles built Because of the sacrifices of these into the amendment process itself, the CLOTURE MOTION men and countless thousands like American people have spoken. Mr. DOLE. I send a cloture motion to them, I support this amendment. Be- OPENING A PANDORA’S BOX the desk. cause of the flag’s unique status as the The PRESIDING OFFICER. The Some of those who oppose the flag symbol of the American spirit and ex- amendment also claim that ratifying it clerk will state the motion to invoke perience, I believe it deserves constitu- cloture. will open a Pandora’s Box—that sup- tional protection. porters of other national symbols, no The assistant legislative clerk read AMENDING THE BILL OF RIGHTS as follows: different from the flag, will clamor for Now, there are those who charge the similar protection from desecration. CLOTURE MOTION supporters of the flag amendment with I reject this argument because the We, the undersigned Senators, in accord- attempting to amend the Bill of flag is unique. ance with the provisions of rule XXII of the Rights. I strongly disagree with this Standing Rules of the Senate, do hereby Do we pledge allegiance to the Con- move to bring to a close debate on the mo- characterization. stitution, or to the Presidential seal, tion to proceed to S.J. Res. 31, a joint resolu- It is the Supreme Court—and more or to any other national symbol? No. tion proposing an amendment to the Con- precisely five Justices on the court— Flag Day, June 14, is a national holi- stitution of the United States to grant Con- who amended the bill rights when they day, but do we have a national holiday gress and the States the power to prohibit concluded in the Texas versus Johnson honoring the Constitution, or the Pres- the physical desecration of the flag of the decision that the Act of flag-burning idential seal, or any other national United States: was constitutionally-protected speech. symbol? No. Bob Dole, Orrin Hatch, Conrad Burns, This misguided ruling effectively over- The ‘‘Star Spangled Banner,’’ our na- Ben Nighthorse Campbell, Slade Gor- turned 48 State statutes and a Federal tional anthem, honors the resiliency of ton, Craig Thomas, Alan Simpson, Larry Craig, Trent Lott, Connie Mack, law proscribing flag desecration. Most Old Glory. But does our national an- Don Nickles, Spencer Abraham, John of these statutes had been on the books them honor the Constitution, or the Ashcroft, John Warner, Chuck Grass- for decades, without threatening any of Presidential seal, or any other national ley, and Strom Thurmond. our freedoms, including our freedom of symbol? No, it does not. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18087 And 48 States and the United States hold up other nominations. If he wants Mr. President, I ask unanimous con- have enacted statutes prohibiting the to play this game—we cannot bring up sent that the rosters of each champion- desecration of the flag. Have the States bills; we cannot determine what the ship team be included in the Congres- and Congress passed laws prohibiting legislative agenda is going to be—if sional RECORD at this time. the desecration of the Constitution, or any Senator can stand up and say I will There being no objection, the rosters the Presidential seal, or any other na- determine what we will bring up to the were ordered to be printed in the tional symbol? The answer, of course, floor, if the leaders are powerless, then RECORD, as follows: is ‘‘no.’’ we have to resort to whatever means So, as you can see, the flag stands we have. In this case, all we can do is YANKTON ‘‘BUCKS’’ (11–0) alone. It stands alone as the unique file cloture, and we will obtain cloture Pos. Ht. Wt. Yr. symbol of our ideals, our hopes, our as- on Friday morning because I know pirations as a Nation. And that is why more than 60 Members will support clo- No.—Name: 12—Mason Mehrman ...... QB 5–11 165 12 I am proud to join today with the citi- ture. 14—Chris Reiner ...... QB 6–1 180 12 zens flag alliance, the American Le- f 15—Kevin Jordahl ...... QB 5–11 165 12 gion, and 113 other civic and patriotic 16—Lars Anderson ...... QB 5–11 165 11 MORNING BUSINESS 20—Thomas Draskovic ...... FB 5–9 165 12 organizations representing millions of 21—Aaron Dykstra ...... HB 5–10 145 11 22—Matt Jensen ...... HB 5–9 160 12 Americans across this country who Mr. DOLE. I now ask unanimous con- 23—Carl Tweeten ...... HB 5–11 165 12 support this amendment. sent there be a period for the trans- 27—Jason Hermanson ...... SE 5–10 150 11 action of morning business until the 28—Danny Grant ...... LB 5–7 150 12 ‘‘BANNER YET WAVES’’ 30—Wade Buxcel ...... LB 5–11 160 11 Mr. President, I will conclude now hour of 8 p.m. 31—Ryan Hanson ...... HB 5–9 165 11 The PRESIDING OFFICER. Without 32—Jeremy Tamislea ...... HB 5–8 165 12 with a few words from an article enti- 33—Jacob Wurth ...... HB 5–11 185 11 tled, ‘‘The Banner Yet Waves,’’ written objection, it is so ordered. 34—Matt Bohn ...... FB 6–1 185 11 f 36—Scott Nedved ...... HB 6–0 180 10 by the editors of the Reader’s Digest. 40—Derik Budig ...... FB 6–2 220 12 I read these words during the last de- SOUTH DAKOTA CHAMPIONS 42—Joe Merkwan ...... LB 5–10 170 12 bate on the flag amendment, back in 43—Paul Creviston ...... HB 6–0 154 11 Mr. PRESSLER. Mr. President, 44—Joey Novak ...... QB 5–11 140 11 1989, and I want to share them once 45—Rusty Williamson ...... HB 6–1 185 12 today I rise to pay tribute to the cham- again with my colleagues. The words 46—Scott Elwood ...... SE 5–10 165 11 pions of the 1995 South Dakota High 51—Jon Rhode ...... C 6–1 252 11 continue to ring true today. I quote: 52—Chris Swanstrom ...... C 6–1 180 12 School Football Playoffs. The playoffs 54—Brady Muth ...... T 6–2 245 12 While Americans know that behind this were held at the ‘‘Dakota Dome’’ on 55—Chad Sherman ...... C 6–0 205 12 rectangle of cloth there is blood and great 56—Daric Mortenson ...... C 6–0 270 12 sacrifice, there is also behind it an idea that the campus of the University of South 60—James Rye ...... C 5–10 145 12 Dakota in Vermillion on Friday, No- 61—Andy Holst ...... G 5–11 180 12 redefined once and forever the meaning of 62—Kevin Plavec ...... T 5–10 205 12 hope and freedom. Lawyers and justices may vember 3, and Saturday, November 4. 63—Nick Sternhagen ...... G 6–4 230 11 debate the act of flag-burning as freedom of In class 11AA, the Yankton Bucks 64—Ryan Swanstrom ...... G 5–11 180 11 65—Chauncy Lanning ...... T 5–10 170 11 expression. But a larger point is inarguable: won the championship for the second 66—Kyle Tacke ...... G 5–11 175 11 When someone dishonors or desecrates the year in a row and the fourth time in 67—Kam Williams ...... T 5–10 185 12 banner, it deeply offends, because the flag 68—Radim Miksik ...... K 6–1 180 11 school history. First year coach Jim 69—Jamie James ...... T 5–11 245 12 says all that needs to be said about things Miner led the Bucks. Quarterback 70—Tony Pierce ...... G 5–11 175 12 worth preserving, loving defending, dying Mason Mehrman was named the game’s 71—Chad Ellers ...... T 5–11 240 11 for. 72—Lance Peterson ...... G 6–3 250 12 Most Valuable Player (MVP). 73—Owen Cowles ...... T 6–0 215 11 Mr. President, that is what this de- 74—John Bohlmann ...... G 5–10 215 11 The Vermillion Tanagers capped an 75—Joey Rempp ...... G 6–2 225 12 bate is all about. It is not about mak- undefeated season by claiming the 76—Samuel Graham ...... T 5–11 245 11 ing fine legal distinctions or trying to class 11A crown. The Tanagers, who 77—Derek Danilko ...... T 6–4 190 12 78—Jason Cwach ...... T 6–2 265 11 prove who is the best constitutional also won a State title for the fourth 79—Beau Paulson ...... T 5–10 250 12 scholar. It is about protecting that time in school history, are coached by 80—Jeremy Fischer ...... SE 6–0 165 12 81—John Fischer ...... SE 6–2 165 12 which is sacred to us as citizens of this Gary Culver. Running back Vince 82—Mike Rhoades ...... TE 6–2 165 11 great country. Roche was named the game’s MVP. 85—Danny Johnson ...... SE 6–4 190 11 85—Jody Pinkelman ...... TE 6–0 170 11 Amidst the rich diversity that is The Cavaliers of Bon Homme County 86—Scott Robbins ...... SE 5–8 145 11 America, we must cherish the prin- High School, located in Tyndall, South 87—Matt Christensen ...... TE 6–3 195 11 88—Nick Meyers ...... K 6–1 175 12 ciples and ideals that bind us together Dakota, won the class 11B champion- 89—Ryan Heine ...... TE 6–6 215 12 as one people, one Nation, and for ship for the second year in a row. The which thousands of brave Americans Cavaliers extended their consecutive Head Coach: Jim Milner. have given their lives. As the unique winning streak to an impressive 21 Assistant Coaches: Arlin Likness, Dan symbol of these principles and ideals, Mitchell, Bob Muth. games. The Cavaliers are coached by Student Managers: Matt Gunderson, Jerry the flag must receive the constitu- Russ Morrell. Running back Josh Haas, Jake Harens. tional protection it so richly deserves. Ranek was named the game’s MVP. Athletic Director: Bob Winter. Mr. President, I regret that we are In class 9A, the Wakonda-Gayville- Cheerleaders: Mandy Humpal, Laurie now in a position of having to obtain Volin Panthers won their first State Koupel, Michelle Olson, Erika Simonsen, cloture before we can even consider title. The Panthers, who finished the Stephanie Sprecher, Natalie Tapken. this amendment. I hope that the Sen- season undefeated, are coached by Glen VERMILLION ‘‘TANAGERS’’ (11–0) ator from New Mexico, who, as I under- Ekeren. Quarterback Dan Freng was stand, opposes the flag amendment, named the game’s MVP. Pos. Ht. Wt. Yr. would find some other way to distract The Wildcats of Grant-Deuel County No.—Name: us from what I think is a very impor- High School, located in Revillo, SD, 2—Ryan Baedke ...... QB-LB 6-0 180 11 tant amendment. I know he is con- captured their first ever class 9B cham- 5—Marc Billings ...... WB-DB 5-11 145 11 6—Joe Guerue ...... TE-LB 5-8 195 12 cerned about ambassadors. I know he is pionship. Coach Chad Gusso led the 7—Josh Merrigan ...... TE-DE 6-3 200 11 concerned about treaties. But I can tell Panthers. Running back Heath Boe was 8—Brian McGuire ...... QB-LB 5-11 160 10 9—Matt Jordt ...... WB-DB 5-10 155 11 him, as I indicated this morning, this named the game’s MVP. 10—Dave Holoch ...... QB-DB 5-11 155 10 Senator is, too. I have tried almost I congratulate all the coaches, the 11—Andy Mechtenberg ...... WB-DB 6-2 160 12 12—Kevin McGuire ...... QB-DB 6-1 145 12 every day to bring this matter to some players, and the parents of these five 13—Josh Koller ...... HB-DB 5-9 150 11 resolution. We think we are very, very schools, as well as all the South Da- 14—Drake Olson ...... QB-DB 5-11 150 10 16—Mike Groves ...... HB-LB 5-8 150 11 close. And I see no reason to hold up kota schools that competed in this 18—Vince Roche ...... HB-DB 5-8 175 12 this particular constitutional amend- year’s playoffs. In the spirit of com- 22—Jeremy Johnson ...... HB-DB 5-8 130 11 23—Micah Thompson ...... HB-DB 5-6 130 12 ment, Senate Joint Resolution 31, in an petition, they have demonstrated the 25—Tim Willroth ...... HB-DB 5-6 125 10 effort to become involved in a process hard work, commitment, and team- 26—Brandon Hays ...... HB-LB 5-8 145 10 29—Matt Taggart ...... WB-DB 5-9 150 10 that has been going on for weeks and in work that it takes to be champions. 30—Joe Ulrich ...... HB-DB 5-8 145 12 which the Senator from New Mexico, as They all are to be commended for con- 32—Ben Hays ...... TE-LB 5-10 185 10 33—Jerrod Edelen ...... HB-LB 6-1 175 10 far as I know, has not been involved at tinuing such a great football tradition 42—Shane O’Connor ...... WB-DB 5-7 140 10 all. So I have no other course than to in South Dakota. 43—Travis Gors ...... WB-LB 5-11 160 12 S 18088 CONGRESSIONAL RECORD — SENATE December 6, 1995 VERMILLION ‘‘TANAGERS’’ (11–0)—Continued GRANT–DEUEL ‘‘WILDCATS’’ (10–1)—Continued Klamm, Janet Lueth, Carmen Vogel, Emily Fenhaus. Pos. Ht. Wt. Yr. Pos. Ht. Wt. Yr. f 44—Ben Leber ...... FB-LB 6-3 205 11 5—Josh Beutler ...... FL–DB 5–5 105 10 50—Wade Beach ...... OG-LB 5-9 180 11 6—Jon Peschong ...... QB–LB 5–7 120 8 PRESIDENT CLINTON’S VISIT TO 51—Rich Schoellerman ...... OG-LB 5-10 150 12 10—Heath Boe ...... TB–LB 6–1 175 12 ENGLAND, NORTHERN IRELAND, 52—Troy Myron ...... OT-DL 6-0 170 10 11—Dan Peterson ...... QB–DB 5–4 115 9 54—Wade Bromwich ...... OC-DL 5-7 165 10 12—Eric Stricherz ...... E–DB 5–9 160 12 AND IRELAND 55—Stafford Larsen ...... OT-DL 6-2 240 12 15—Tommy Street ...... FL–DB 5–5 110 9 56—Kevin Jensen ...... OC-DL 6-0 225 12 19—Erik Peterson ...... E–E 6–0 160 12 Mr. KENNEDY. Mr. President, last 58—Ryan Knutson ...... OC-LB 5-11 180 11 20—Brian Schafer ...... E–E–P 6–2 165 12 week, President Clinton became the 61—Shawn Benzel ...... OG-DL 5-9 180 10 21—Josh Morton ...... L–L 5–7 125 8 62—Cory Moore ...... OG-DL 6-0 160 11 23—Jared Engebretson ...... L–E 6–2 215 12 first United States President to visit 63—Josh Stewart ...... OT-DL 6-1 205 10 30—Kelly Kasuske ...... E–E 5–9 140 9 Northern Ireland. The extraordinarily 65—Dan Nelson ...... OG-DL 6-1 175 10 31—Cory Street ...... B–DB 5–5 125 10 66—Casey O’Connor ...... OG-LB 5-9 200 12 32—Parry Toft ...... B–DB 5–7 135 10 enthusiastic welcome he received from 67—Jon Leffers ...... OG-LB 5-8 165 12 34—Ricky Taylor ...... FL–DB 5–7 130 10 69—Matt Sorensen ...... OT-DE 6-2 185 12 the people was an impressive dem- 71—Paul Lilly ...... OT-DL 6-0 220 12 35—Mathias Lindberg ...... FL–DB 5–9 140 11 onstration of their desire for peace and 72—Chad Stensaas ...... OT-DL 5-11 235 10 41—Matt Bunting ...... E–DB 5–8 135 10 73—Mike Rasmussen ...... OG-DL 5-10 175 11 42—David Hixon ...... B–DB 5– 160 12 their gratitude for President Clinton’s 75—Steve Powell ...... OT-DL 5-10 225 10 11 and America’s commitment to that 78—Chris Ross ...... OG-DL 5-10 185 10 44—Garrett Hennings ...... FB–LB 5– 185 10 79—Travis Vacek ...... OG-DL 5-11 270 11 11 great goal. 81—Billy Willroth ...... SE-LB 6-0 170 12 45—Jamie Schafer ...... B–DB 5–7 130 9 82—Roland Johnson ...... SE-DE 6-2 170 11 52—Matt Loeschke ...... E–E 6–5 200 9 Large crowds of both Protestants and 85—Blaine Schoellerman ...... SE-DB 6-2 145 10 55—Nick Ansbach ...... E–E 6–1 190 10 Catholics welcomed the President on 86—Brett Bartling ...... TE-DE 5-9 150 10 56—Chad Johnson ...... L–L 6–2 215 12 58—Jed Sportz ...... L–L 5– 170 8 the Peace Line in Belfast and again at 11 the City Hall for the lighting of the Head Coach & Athletic Director: Gary Cul- 60—Tim Karels ...... L–L 5–7 145 11 ver. 62—Russell Schuelke ...... L–L 5– 150 8 Christmas tree. In addition, the Presi- Assistant Coaches: Roger Heirigs, Jim 10 dent was also cheered by a large crowd McGuire. 64—Nathan Boe ...... B–DB 5–8 120 8 65—Harris Hixon ...... B–DB 5–5 120 9 in Dublin when he spoke at College Student Managers: Teisha Upward, Alison 70—Ben Johnson ...... L–L 5–9 175 8 Green during his visit the next day to Hogen, Aaron Kerkhove, Aaron Hammer, 73—Rusty Rabine ...... L–L 6–0 275 8 Mikal Boughton. 75—Garrett Novy ...... L–L 6–1 200 9 Ireland. Cheerleader Advisor: Jennifer Huska. 80—David Bunting ...... E–DB 5– 130 11 Just before the President left for his 11 Cheerleaders: Amy Johnson, Kerri Wempe, 83—Justin Syrstad ...... L 5–9 155 9 trip, the Irish Prime Minister, John Shanna Manning, Shelley Kulkonen, Sarah 84—Jason Ebsen ...... L 5–4 170 9 Bruton and the British Prime Minister, White, Heidi Zimmerman. 95—Josh Anderson ...... L 5–8 170 9 99—Wade Novy ...... L 6–2 270 12 John Major, announced the launching of the twin-track process of an inter- BON HOMME ‘‘CAVALIERS’’ (11–0) Head Coach: Chad Gusso. national commission on arms, to be led Pos. Ht. Wt. Yr. Assistant Coaches: Barry Pickner, Galen by our former colleague Senator Schoenfeld. George Mitchell, and talks leading to No.—Name: Student Managers: Brian Dallman, Jesse 1—Chip Carda ...... RB 5–11 155 10 Street, Matt Lynde, Tyler Pickner, Shawn all-party negotiations by the end of 2—Nick Kortan ...... RB 5–7 135 10 3—Kevin Morrell ...... QB 6–2 175 11 Erp. February. The two Prime Ministers 5—Jamie Hajek ...... QB 5–7 135 10 Cheerleaders: Jodi Wollschlager, Jill credited President Clinton with help- 7—Jon Vavruska ...... RB 5–5 100 9 8—Ryan Kortan ...... QB 5–10 165 9 Wollschlager, Sharona Iverson, Lindsey ing to bring about this significant de- 14—Kris Vollmer ...... RB 5–11 145 9 Swenson, Wendy Bear. velopment. President Clinton’s com- 16—Jayson Branaugh ...... RB 5–9 135 10 18—John Nagel ...... E 5–6 125 10 mitment to peace in Northern Ireland 21—Corey Meske ...... E 5–9 140 11 WAKONDA-GAYVILLE-VOLIN ‘‘PANTHERS’’ (11–0) has had a profound and positive impact 23—Derrik Garhart ...... RB 5–6 130 10 24—Josh Holland ...... E 6–1 155 11 Pos. Ht. Wt. Yr. on the efforts of all sides to achieve a 27—Dalon Wynia ...... RB 5–10 155 11 lasting peace. 30—Josh Ranek ...... RB 5–10 170 12 No.—Name: 32—Rick Island ...... RB 5–6 120 9 7—Brent Barta ...... QB–LB 5–8 145 11 President Kennedy always remem- 33—John Showers ...... E 6–2 160 12 9—Damon Eggers ...... HB–DB 5–9 150 11 bered his 1963 trip to Ireland as among 34—Toby Privett ...... RB 5–4 95 9 10—Andy McCue ...... HB–DB 5–8 140 10 35—Brock Tucker ...... E–RB 5–10 150 10 11—Dan Freng ...... QB–S 6–4 215 12 the happiest days of his presidency. I 37—Casey Berndt ...... RB 5–9 170 11 12—Guy Eggers ...... QB–DB 5–9 145 9 have no doubt that President Clinton 30—Nathan Lukkes ...... E 5–9 145 9 17—Tim Olen ...... HB–LB 5–8 150 11 40—Nathan Lukkes ...... E 5–9 145 9 18—Eric McCue ...... HB–LB 5– 160 12 will remember his trip with the same 41—Chad Cooper ...... RB 5–7 140 9 10 44—Hannon Hisek ...... RB 5–4 145 10 fondness. 50—Jared Caba ...... L 6–0 230 11 19—John Peterson ...... HB–LB 5– 130 11 President Clinton spoke eloquently 51—Dan Walkes ...... L 5–9 190 11 10 52—Todd Dvoracek ...... L 6–1 195 9 20—Daniel Welman ...... HB–S 5– 160 12 throughout his visit to England, North- 55—Matt Johnson ...... L 5–10 180 9 10 ern Ireland, and Ireland and I con- 56—Ben Jacobs ...... L 6–5 290 11 21—Tyler Hoxeng ...... HB–LB 5– 175 9 58—Michael Pechous ...... L 6–2 175 10 11 gratulate him on the remarkable suc- 60—Chad Simek ...... L 5–11 205 12 22—Shannon Snow ...... HB–S 5–8 140 12 62—Grant McCann ...... L 5–9 155 9 26—Mike Kool ...... HB–LB 5–9 165 11 cess of his visit. I know several of my 63—Kevin Koenig ...... L 6–6 210 10 32—Mark Zimmerman ...... G–DT 5– 170 9 colleagues would like to join me in 64—Bryan Varilek ...... L 6–5 200 11 11 66—Jim Saloum ...... L 6–2 225 10 45—Sam Johnsen ...... HB–LB 6–1 190 12 placing the President’s statements in 67—Tony Bares ...... L 5–8 140 9 49—Jeremy Hanisch ...... G–N 5–8 200 11 the RECORD. I therefore will begin with 70—Chris Garhart ...... L 5–5 135 9 51—Chris Happe ...... G–DE 6–2 235 12 72—Mike Sedlacek ...... L 5–8 155 9 52—Josh Oien ...... G–DE 5–8 180 10 his first speech which was given to the 75—Travis Berndt ...... L 6–0 190 9 53—John Freeburg ...... E–DE 6–0 170 9 British Parliament in London. I ask 78—Matt Bierema ...... L 5–10 170 11 55—Don Logue ...... E–DE 6–5 185 12 79—Clint Starwait ...... L 5–10 205 9 59—Ken Girard ...... G–DE 5– 165 11 unanimous consent that it may be 82—Chris Schieffer ...... E 5–6 115 9 10 printed in the RECORD. 85—John Kaida ...... E 5–10 160 10 64—Nick Buckman ...... G–LB 5–9 180 10 87—Dustin Hoffman ...... E 5–9 160 10 65—Nick Tripp ...... C–DE 5– 212 11 There being no objection, the speech 10 was ordered to be printed in the Head Coach and Athletic Director: Russ 66—William Crissey ...... DE–DT 5– 185 9 10 RECORD, as follows: Morrell. 68—Tom Orr ...... G–DE 6–0 240 11 REMARKS BY THE PRESIDENT TO THE HOUSES Assistant Coaches: Byron Pudwill, Vince 73—J.R. Willman ...... G–N 5– 205 12 Tucker, Phil Garhart, Mike Duffek. 10 OF PARLIAMENT, ROYAL GALLERY OF THE Student Managers: Nicole Engstrom, Lisa 80—Keith Light ...... E–LB 6–3 205 12 PALACE OF WESTMINSTER, LONDON, ENG- 85—Justin Hazen ...... G–DE 5– 185 10 LAND, NOVEMBER 29, 1995 Humpal, Jenny Rueb, Melinda McNeely, 10 Renee Tjeedsman, Courtney Morrell, Stacy 87—Mike Pollman ...... FB–LB 6–2 220 12 My Lord Chancellor, Madam Speaker, Lord Hellman, Darcie Walkes. 88—Colter Saccento ...... E–DE 6–3 150 11 Privy Seal, the Lord President of the Coun- 89—Bob Greely ...... G–DL 5– 195 11 Cheerleaders: Heather Namminga, Kateens 10 cil, Mr. Prime Minister, my lords and mem- Lukkes, Lacie Peterson, Aesli Grande, Jes- bers of the House of Commons: To the Lord sica Einrem. Head Coach: Glen Ekeren. Chancellor, the longer I hear you talk the Assistant Coaches: Monte Neitzel, Tom more I wish we had an institution like this GRANT–DEUEL ‘‘WILDCATS’’ (10–1) Culver. in American government. I look out and see Student Managers: Brandon Steffen, John so many of your distinguished leaders in the Pos. Ht. Wt. Yr. Ganschow, Nick Skonovd, Jesse Ekeren. House of Lords, and I think it might not be No.—Name: Cheerleaders: Amy Anderson, Darcy Bye, a bad place to be after a long and trouble- 4—Matt Lounsbury ...... QB–DB 6–0 200 11 Megan Dreesan, Erica Freeburg, Mandy some political career. (Laughter.) My wife December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18089 and I are honored to be here today, and I In the years since, we have also stood to- showed anew the glorious strength of the thank you for inviting me to address you. gether—fighting together for victory in the human spirit. I have been here to Westminster many Persian Gulf, standing together against ter- I thank the members of the Churchill fam- times before. As a student, I visited often, rorism, working together to remove the nu- ily who are here today with us—Lady and over the last 20 years I have often re- clear cloud from our children’s bright future; Soames, Nicholas Soames, Winston Church- turned. Always I have felt the power of this and together, preparing the way for peace in ill—and I thank the British people for their place, where the voices of free people who Bosnia, where your peacekeepers have per- friendship and their strength over these love liberty, believe in reason, and struggle formed heroically and saved the lives of so many years. for truth have for centuries kept your great many innocent people. I thank the British After so much success together we know nation a beacon of hope for all the world, and nation for its strength and its sacrifice that our relationship with the United King- a very special model for your former colonies through all these struggles. And I am proud dom must be at the heart of our striving in which became the United States of America. to stand here on behalf of the American peo- this new era. Because of the history we have Here, where the voices of Pitt and Burke, ple to salute you. lived, because of the power and prosperity we Disraeli and Gladstone rang out; here where Ladies and gentlemen, in this century, de- enjoy, because of the accepted truth that the rights of English men and women were mocracy has not merely endured, it has pre- you and we have no dark motives in our secured and enlarged; here where the British vailed. Now it falls to us to advance the dealings with other nations, we still bear a people’s determination to stand against the cause that so many fought and sacrificed and burden of special responsibility. tyrannies of this century were shouted to the died for. In this new era, we must rise not in In these few years since the Cold War we entire world, here is a monument to liberty a call to arms, but in a call to peace. have met that burden by making gains for to which every free person owes honor and The great American philosopher, John peace and security that ordinary people feel gratitude. Dewey, once said, ‘‘The only way to abolish every day. We have stepped back from the As one whose ancestors came from these war is to make peace heroic.’’ Well, we know nuclear precipice with the indefinite exten- isles, I cherish this opportunity. Since I en- we will never abolish war or all the forces sion of the nuclear Nonproliferation Treaty, tered public life I have often thought of the that cause it because we cannot abolish and we hope next year a comprehensive test words of Prime Minister Churchill when he human nature or the certainty of human ban treaty. For the first time in a generation parents spoke to our Congress in 1941. He said that if error. But we can make peace heroic. And in in Los Angeles and Manchester and, yes, in his father had been American and his mother so doing, we can create a future even more Moscow, can now turn out the lights at night British, instead of the other way around, he true to our ideals than all our glorious past. knowing there are no nuclear weapons point- might have gotten there on his own. (Laugh- To do so, we must maintain the resolve and ed at their children. Our nations are working ter.) Well, for a long time I thought that if peace we shared in war when everything was together to lay the foundation for lasting my forebears had not left this country per- at stake. prosperity. We are bringing down economic haps I might have gotten here on my own— In this new world our lives are not so very barriers between nations with the historic at least to the House of Commons. much at risk, but much of what makes life GATT Agreement and other actions that are But I have to tell you, now our American worth living is still very much at stake. We creating millions of good jobs for our own television carries your Question Time. And I have fought our wars. Now let us wage our people and for people throughout the world. have seen Prime Minister Major and Mr. peace. The United States and the United Kingdom Blair and the other members slicing each This time is full of possibility. The chasm are supporting men and women who embrace other up, face-to-face—(Laughter)—with of ideology has disappeared. Around the freedom and democracy the world over with such great wit and skill, against the din of world, the ideals we defended and advanced good results, from South Africa to Central cheers and jeers. I am now convinced my are now shared by more people than ever be- Europe, from Haiti to the Middle East. forebears did me a great favor by coming to fore. In Europe and many other nations long- In the United States, we feel a special grat- America. (Laughter.) suffering peoples at last control their own itude for your efforts in Northern Ireland. Today the United States and the United destinies. And as the Cold War gives way to With every passing month, more people walk Kingdom glory in an extraordinary relation- the global village, economic freedom is the streets and live their lives safely—people ship that unites us in a way never before spreading alongside political freedom, bring- who otherwise would have been added to the seen in the ties between two such great na- ing with it renewed hope for a better life, toll of The Troubles. tions. It is perhaps all the more remarkable rooted in the honorable and healthy com- Tomorrow I will have the privilege of being because of our history. petition of effort and ideas. the first American President to visit North- First, the war we waged for our independ- America is determined to maintain our al- ern Ireland—a Northern Ireland where the ence; and then barely three decades later, liance for freedom and peace with you, and guns are quiet and the children play without another war we waged in which your able determined to seek the partnership of all fear. I applaud the efforts of Prime Minister forces laid siege to our Capitol. Indeed, the like-minded nations to confront the threats Major and Irish Prime Minister Bruton who White House still bears the burn marks of still before us. We know the way. Together announced yesterday their new twin-track that earlier stage in our relationship. And we have seen how we succeed when we work initiative to advance the peace process, an now, whenever we have even the most minor together. initiative that provides an opportunity to disagreement I walk out on the Truman Bal- When President Roosevelt and Prime Min- begin a dialogue in which all views are rep- cony and I look at those burn marks, just to ister Churchill first met on the Deck of the resented and all views can be heard. remind myself that I dare not let this rela- HMS Prince of Wales in 1941 at one of the This is a bold step forward for peace. I ap- tionship get out of hand again. (Laughter.) loneliest moments in your nation’s history , plaud the Prime Minister for taking this risk In this century we overcame the legacy of they joined in prayer, and the Prime Min- for peace. It is always a hard choice, the our differences. We discovered our common ister was filled with hope. Afterwards, he choice for peace, for success is far from guar- heritage again, and even more important, we said, ‘‘The same language, the same hymns, anteed, and even if you fail, there will be rediscovered our shared values. This Novem- more or less the same ideals. Something big those who resent you for trying. But it is the ber, we are reminded of how exactly the may be happening, something very big.’’ right thing to do. And in the end, the right bonds that now join us grew—of the three Well, once again, he was right. Something will win. (Applause.) great trials our nations have faced together really big happened. On the basis of those Despite all of the progress we have made in in this century. ideals, Churchill and Roosevelt and all of all these areas, and despite the problems A few weeks ago we marked the anniver- their successors built an enduring alliance clearly still out there, there are those who sary of that day in 1918 when the guns fell si- and a genuine friendship between our na- say at this moment of hope we can afford to lent in World War I, a war we fought side by tions. Other times in other places are lit- relax now behind our secure borders. Now is side to defend democracy against militarism tered with the vows of friendship sworn dur- the time, they say, to let others worry about and reaction. On this Veterans Day for us ing battle and then abandoned in peacetime. the world’s troubles. These are the siren and Remembrance Day for you, we both paid This one stands alone, unbroken, above all songs of myth. They once lured the United special tribute to the British and American the rest; a model for the ties that should States into isolationism after World War I. generation that, 50 years ago now, in the bind all democracies. They counseled appeasement to Britain on skies over the Channel, on the craggy hills of To honor that alliance and the Prime Min- the very brink of World War II. We have gone Italy, in the jungles of Burma, in the flights ister who worked so mightily to create it, I down that road before. We must never go over the Hump did not fail or falter. In the am pleased to announce here, in the home of down that road again. We will never go down greatest struggle for freedom in all of his- British freedom, that the United States will that road again. (Applause.) tory, they saved the world. name one of the newest and most powerful of Though the Cold War is over, the forces of Our nations emerged from that war with its surface ships, a guided missile destroyer, destruction challenge us still. Today, they the resolve to prevent another like it. We the United States Ship Winston Churchill. are armed with a full array of threats, not bound ourselves together with other democ- (Applause.) just the single weapon of frontal war. We see racies in the West and with Japan, and we When that ship slips down the ways in the them at work in the spread of weapons of stood firm throughout the long twilight final year of this century, its name will ride mass destruction, from nuclear smuggling in struggle of the Cold War—from the Berlin the seas as a reminder for the coming cen- Europe to a vial of sarin gas being broken Airlift of 1948, to the fall of the Berlin Wall tury of an indomitable man who shaped our open in the Tokyo subway, to the bombing of on another November day just six years ago. age, who stood always for freedom, who the World Trade Center in New York. S 18090 CONGRESSIONAL RECORD — SENATE December 6, 1995 We see it in the growth of ethnic hatred, racy during the Cold War, will help lead in process—the political leaders, and extreme nationalism and religious fanati- building this Europe by working for a broad- more importantly, the people of North- cism, which most recently took the life of er and more lasting peace, and by supporting ern Ireland ‘‘who have shown the world one of the greatest champions of peace in the a Europe bound together in a woven fabric of in concrete ways that here the will for entire world, the Prime Minister of Israel. vital democracies, market economies and se- We see it in the terrorism that just in re- curity cooperation. peace is now stronger than the weapons cent months has murdered innocent people Our cooperation with you through NATO, for war.’’ from Islamabad to Paris, from Riyadh to the sword and shield of democracy, can help The President called for an end to Oklahoma City. And we see it in the inter- the nations that once lay behind the Iron punishment beatings as well as for the national organized crime and drug trade that Curtain to become a part of the new Europe. full participation in the democratic poisons our children and our communities. In the Cold War the alliance kept our nation process of those who have renounced In their variety these forces of disintegra- secure, and bound the Western democracies violence. He said that the United tion are waging guerrilla wars against hu- together in common cause. It brought former States will stand with those who take manity. Like communism and fascism, they adversaries together and gave them the con- spread darkness over light, barbarism over risks for peace. The President spoke for fidence to look past ancient enmities. Now, all of us that day and I ask unanimous civilization. And like communism and fas- NATO will grow and expand the circle of cism, they will be defeated only because free common purpose, first through its Partner- consent that his remarks be printed in nations join against them in common cause. ship for Peace, which is already having a re- the RECORD. We will prevail again if, and only if, our markable impact on the member countries; There being no objection, the speech people support the mission. We are, after all, and then, as we agree, with the admissions of was ordered to be printed in the democracies. And they are the ultimate new democratic members. It will threaten no RECORD, as follows: bosses of our fate. I believe the people will one. But it will give its new allies the con- support this. I believe free people, given the REMARKS BY THE PRESIDENT TO EMPLOYEES fidence they need to consolidate their free- information, will make the decisions that AND COMMUNITY OF THE MACKIE METAL PLANT will make it possible for their leaders to doms, build their economies, strengthen [Belfast, Northern Ireland, Nov. 30, 1995] stand against the new threat to security and peace and become your partners for tomor- This is one of those occasions where I real- freedom, to peace and prosperity. row. ly feel that all that needs to be said has al- I believe they will see that this hopeful Members of the House of Commons and ready been said. I thank Catherine and David moment cannot be lost without grave con- Noble Lords, long before there was a United for introducing me, for all the school chil- sequences to the future. We must go out to States, one of your most powerful champions dren of Northern Ireland who are here today, meet the challenges before they come to of liberty and one of the greatest poets of and for all whom they represent. A big part threaten us. Today, for the United States our shared language wrote: ‘‘Peace hath her of peace is children growing up safely, learn- and for Great Britain, that means we must victories, no less renowned then war.’’ In our ing together and growing together. make the difference between peace and war time, at last, we can prove the truth of John I thank Patrick Dougan and Ronnie Lewis in Bosnia. Milton’s words. for their remarks, for their work here, for all For nearly four years a terrible war has As this month of remembrance passes and the members of the Mackie team who are torn Bosnia apart, bringing horrors we the holidays approach, I leave you with the with us today in welcoming us to this fac- prayed had vanished from the face of Europe words Winston Churchill spoke to America tory. I was hoping we could have an event forever—the mass killings, the endless col- during America’s darkest holiday season of like this in Northern Ireland at a place umns of refugees, the campaigns of delib- the century. As he lit the White House where people work and reach out to the rest erate rape, the skeletal persons imprisoned Christmas Tree in 1941, he said, ‘‘Let the of the world in a positive way, because a big in concentration camps. children have their night of fun and laugh- part of peace is working together for family These crimes did violence to the con- ter. Let us share to the full in their and community and for the welfare of the science of Britons and Americans. Now we unstinted pleasure before we turn again to common enterprise. have a chance to make sure they don’t re- the stern tasks in the year that lies before It is good to be among the people of North- turn. And we must seize it. us. But now, by our sacrifice and bearing, ern Ireland who have given so much to We must help peace to take hold in Bosnia these same children shall not be robbed of America and the world, and good to be here because so long as that fire rages at the their inheritance or denied their right to live with such a large delegation of my fellow heart of the European Continent, so long as in a free and decent world.’’ Americans, including, of course, my wife, the emerging democracies and our allies are My friends, we have stood together in the and I see the Secretary of Commerce here threatened by fighting in Bosnia there will darkest moments of our century. Let us now and the Ambassador to Great Britain, and a be no stable, undivided, free Europe. There resolve to stand together for the bright and number of others. But we have quite a large will be no realization of our greatest hopes shining prospect of the next century. It can delegation from both parties in the United for Europe. But most important of all, inno- be the age of possibility and the age of peace. States Congress, so we’ve sort of got a truce cent people will continue to suffer and die. Our forebears won the war. Let us now win of our own going on here today. (Laughter.) America fought two world wars and stood the peace. And I’d like to ask the members of Con- with you in the Cold War because of our vital May God bless the United Kingdom, the gress who have come all the way from Wash- stake in a Europe that is stable, strong and United States and our solemn alliance. ington, D.C. to stand up and be recognized. free. With the end of the Cold War all of Eu- Thank you very much. (Applause.) Would you all stand? (Applause.) rope has a chance to be stable, strong and Many of you perhaps know that one in four free for the very first time since nation f of America’s Presidents trace their roots to states appeared on the European Continent. PRESIDENT CLINTON’S VISIT TO Ireland’s shores, beginning with Andrew Now the warring parties in Bosnia have ENGLAND, NORTHERN IRELAND, Jackson, the son of immigrants from committed themselves to peace, and they Carrickfergus, to John Fitzgerald Kennedy have asked us to help them make it hold— AND IRELAND whose forebears came from County Wexford. not by fighting a war, but by implementing Mr. LEAHY. Mr. President, I join I know I am only the latest in this time-hon- their own peace agreement. Our nations have Senator KENNEDY in congratulating ored tradition, but I’m proud to be the first a responsibility to answer the request of President Clinton on his successful trip sitting American President to make it back those people to secure their peace. Without to Belfast. (Applause.) our leadership and without the presence of to the United Kingdom and Ireland. Al- At this holiday season all around the NATO there will be no peace in Bosnia. though I was not able to accept the world, the promise of peace is in the air. The I thank the United Kingdom that has al- President’s invitation to accompany barriers of the Cold War are giving way to a ready sacrificed so much for its swift agree- him on that historic visit due to other global village where communication and co- ment to play a central role in the peace im- commitments I had in Vermont, like operation are the order of the day. From plementation. With this act, Britain holds millions of Americans I followed his South Africa to the Middle East, and now to true to its history and to its values. And I travels closely in the press. One of the troubled Bosnia, conflicts long thought im- pledge to you that America will live up to its possible to solve are moving along the road history and its ideals as well. most memorable events was the Presi- to resolution. Once-bitter foes are clasping We know that if we do not participate in dent’s speech to the workers at the hands and changing history. And long-suffer- Bosnia our leadership will be questioned and Mackie Metal Plant in Belfast. ing people are moving closer to normal lives. our partnerships will be weakened—partner- Mackie’s is located on the Peace Line Here in Northern Ireland, you are making ships we must have if we are to help each which has historically divided Catho- a miracle—a miracle symbolized by those other in the fight against the common lics from Protestants. People from two children who held hands and told us threats we face. We can help the people of both communities come together at what this whole thing is all about. In the land of the harp and the fiddle, the fife and Bosnia as they seek a way back from sav- Mackie’s to an integrated work force agery to civility. And we can build a peace- the lambeg drum, two proud traditions are ful, undivided Europe. where they work side by side. At coming together in the harmonies of peace. Today I reaffirm to you that the United Mackie’s, President Clinton spoke of The cease-fire and negotiations have sparked States, as it did during the defense of democ- those who helped bring about the peace a powerful transformation. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18091 Mackie’s Plant is a symbol of Northern in the history of Northern Ireland. Now is other side, he said these words: ‘‘We have all Ireland’s rebirth. It has long been a symbol the time to sustain that momentum and lock done wrong. No one can say his heart is alto- of world-class engineering. The textile ma- in the gains of peace. Neither community gether clean and his hands altogether pure. chines you make permit people to weave dis- wants to go back to the violence of the past. Thus, as we wish to be forgiven, let us for- parate threads into remarkable fabrics. That The children told of that today. Both parties give those who have sinned against us and is now what you must do here with the peo- must do their part to move this process for- ours.’’ That was the beginning of America’s ple of Northern Ireland. ward now. reconciliation, and it must be the beginning Here we lie along the peace line, the wall Let me begin by saying that the search for of Northern Ireland’s reconciliation. (Ap- of steel and stone separating Protestant common ground demands the courage of an plause.) from Catholic. But today, under the leader- open mind. This twin-track initiative gives It is so much easier to believe that our dif- ship of Pat Dougan, you are bridging the di- the parties a chance to begin preliminary ferences matter more than what we have in vide, overcoming a legacy of discrimination talks in ways in which all views will be rep- common. It is easier, but it is wrong. We all where fair employment and integration are resented and all voices will be heard. It also cherish family and faith, work and commu- the watchwords of the future. establishes an international body to address nity. We all strive to live lives that are free On this shop floor men and women of both the issue of arms decommissioning. I hope and honest and responsible. We all want our traditions are working together to achieve the parties will seize this opportunity. En- children to grow up in a world where their common goals. Peace, once a distant dream, gaging in honest dialogue is not an act of talents are matched by their opportunities. is now making a difference in everyday life surrender, it is an act of strength and com- And I believe those values are just as strong in this land. Soldiers have left the streets of mon sense. (Applause.) in County Londonderry as they are in Lon- Belfast; many have gone home. People can Moving from cease-fire to peace requires donderry, New Hampshire; in Belfast, North- go to the pub or the store without the burden dialogue. For 25 years now the history of ern Ireland as in Belfast, Maine. of the search or the threat of a bomb. As bar- Northern Ireland has been written in the I am proud to be of Ulster Scots stock. I riers disappear along the border, families and blood of its children and their parents. The am proud to be, also, of Irish stock. I share communities divided for decades are becom- cease-fire turned the page on that history; it these roots with millions and millions of ing whole once more. must not be allowed to turn back. (Ap- Americans, now over 40 million Americans. This year in Armagh on St. Patrick’s Day, plause.) And we rejoice at things being various, as Protestant and Catholic children led the pa- There must also be progress away from the Louis MacNeice once wrote. It is one of the rade together for the first time since The negotiating table. Violence has lessened, but things that makes America special. Troubles began. A bystander’s words marked it has not disappeared. The leaders of the Because our greatness flows from the the wonder of the occasion when he said, four main churches recently condemned the wealth of our diversity as well as the ‘‘Even the normal is beginning to seem nor- so-called punishment beatings and called for strength of the ideals we share in common, mal.’’ an end to such attacks. I add my voice to we feel bound to support others around the The economic rewards of peace are evident theirs. (Applause.) world who seek to bridge their own divides. as well. Unemployment has fallen here to its As the church leaders said, this is a time This is an important part of our country’s lowest level in 14 years, while retail sales when the utmost efforts on all sides are mission on the eve of the 21st century, be- and investment are surging. Far from the needed to build a peaceful and confident cause we know that the chain of peace that gleaming city center, to the new shop fronts community in the future. But true peace re- protects us grows stronger with every new of Belfast, to the Enterprise Center in East quires more than a treaty, even more than link that is forged. Belfast, business is thriving and opportuni- the absence of violence. Those who have suf- For the first time in half a century now, ties are expanding. With every extra day fered most in the fighting must share fairly we can put our children to bed at night that the guns are still, business confidence in the fruits of renewal. The frustration that knowing that the nuclear weapons of the grows stronger and the promise of prosperity gave rise to violence must give way to faith former Soviet Union are no longer pointed at grows as well. in the future. those children. In South Africa, the long As the shroud of terror melts away, North- The United States will help to secure the night of apartheid has given way to a new ern Ireland’s beauty has been revealed again tangible benefits of peace. Ours is the first freedom for all peoples. In the Middle East, to all the world—the castles and coasts, the American administration ever to support in Arabs and Israelis are stepping beyond war Giants Causeway, the lush green hills, the the Congress the International Fund for Ire- to peace in an area where many believed high white cliffs—a magical backdrop to land, which has become an engine for eco- peace would never come. In Haiti, a brutal your greatest asset which I saw all along the nomic development and for reconciliation. dictatorship has given way to a fragile new way from the airport here today, the warmth We will continue to encourage trade and in- democracy. In Europe, the dream of a stable, and good feeling of your people. Visitors are vestment and to help end the cycle of unem- undivided free continent seems finally with- now coming in record numbers. Indeed, ployment. in reach as the people of Bosnia have the today, the air route between Belfast and We are proud to support Northern Ireland. first real hope for peace since the terrible London is the second busiest in all of Eu- You have given America a very great deal. fighting began there nearly four years ago. rope. Irish Protestant and Irish Catholic together The United States looks forward to work- I want to honor those whose courage and have added to America’s strength. From our ing with our allies here in Europe and others vision have brought us to this point: Prime battle for independence down to the present to help the people in Bosnia—the Muslims, Minister Major, Prime Minister Bruton, and day, the Irish have not only fought in our the Croats, the Serbs—to move beyond their before him, Prime Minister Reynolds, laid wars, they have built our nation, and we owe divisions and their destructions to make the the background and the basis for this era of you a very great debt. (Applause.) peace agreement they have made a reality in reconciliation. From the Downing Street Let me say that of all the gifts we can the lives of their people. Declaration to the joint framework docu- offer in return, perhaps the most enduring Those who work for peace have got to sup- ment, they altered the course of history. and the most precious is the example of what port one another. We know that when lead- Now, just in the last few days, by launching is possible when people find unity and ers stand up for peace, they place their the twin-track initiative, they have opened a strength in their diversity. We know from forces on the line, and sometimes their very promising new gateway to a just and lasting our own experience even today how hard lives on the line, as we learned so recently in peace. Foreign Minister Spring, Sir Patrick that is to do. After all, we fought a great the tragic murder of the brave Prime Min- Mayhew, David Trimble and John Hume all Civil War over the issue of race and slavery ister of Israel. For, just as peace has its pio- have labored to realize the promise of peace. in which hundreds of thousands of our people neers, peace will always have its rivals. Even And Gerry Adams, along with Loyalist lead- were killed. when children stand up and say what these ers such as David Irvine and Gary Today, in one of our counties alone, in Los children said today, there will always be peo- McMichael, helped to silence the guns on the Angeles, there are over 150 different ethnic ple who, deep down inside, will never be able streets and to bring about the first peace in and racial groups represented. We know we to give up the past. a generation. can become stronger if we bridge our dif- Over the last three years I have had the But most of all, America salutes all the ferences. But we learned in our own Civil privilege of meeting with and closely listen- people of Northern Ireland who have shown War that that has to begin with a change of ing to both Nationalists and Unionists from the world in concrete ways that here the will the heart. Northern Ireland, and I believe that the for peace is now stronger than the weapons I grew up in the American South, in one of greatest struggle you face now is not be- of war. With mixed sporting events encour- the states that tried to break from the tween opposing ideas or opposing interests. aging competition on the playing field, not American Union. My forebears on my fa- The greatest struggle you face is between the battlefield; with women’s support ther’s side were soldiers in the Confederate those who, deep down inside, are inclined to groups, literacy programs, job training cen- Army. I was reading the other day a book be peacemakers, and those who, deep down ters that served both communities—these about our first governor after the Civil War inside, cannot yet embrace the cause of and countless other initiatives bolster the who fought for the Union Army, and who lost peace. Between those who are in the ship of foundations of peace as well. members of his own family. They lived the peace and those who are trying to sink it, Last year’s cease-fire of the Irish Repub- experience so many of you have lived. When old habits die hard. There will always be lican Army, joined by the combined Loyalist this governor took office and looked out over those who define the worth of their lives not Military Command, marked a turning point a sea of his fellow citizens who fought on the by who they are, but by who they aren’t; not S 18092 CONGRESSIONAL RECORD — SENATE December 6, 1995 by what they’re for, but by what they are PRESIDENT CLINTON’S VISIT TO other in a more tolerant way. Also, we must against. They will never escape the dead-end ENGLAND, NORTHERN IRELAND, all work hard for peace and make a real ef- street of violence. But you, the vast major- AND IRELAND fort. We will have to change our ideas and ity, Protestant and Catholic alike, must not work for change. Change must mean chang- allow the ship of peace to sink on the rocks Mr. KERRY. Mr. President, I join in ing our own understanding of each other. We of old habits and hard grudges. (Applause.) commending President Clinton for his must learn together and know more about You must stand firm against terror. You historic visit to Ireland, Northern Ire- our different traditions. must say to those who still would use vio- land, and England. Some people want to destroy peace and the lence for political objectives—you are the Those of us who support peace in peace process in Northern Ireland.’’ And past; your day is over. Violence has no place Northern Ireland watched as the Presi- Mark says, ‘‘We must not allow this to hap- at the table of democracy, and no role in the pen.’’ (Applause.) dent and First Lady lit the Christmas As the Lord Mayor said, in a moment the future of this land. By the same token, you tree—sent from Tennessee with the must also be willing to say to those who re- Christmas tree will be lit as Christmas trees nounce violence and who do take their own help of the Vice President—in front of will be lit all over the world in the days to risks for peace that they are entitled to be Belfast’s City Hall last Thursday night. come. This Christmas let us remember the full participants in the democratic process. Thousands of people—Catholic and reason behind why we light Christmas trees. Those who show the courage—(applause)— Protestant—turned out to celebrate Let us remember the reason for this great holiday celebration. And let us remember those who do show the courage to break with the beginning of the Christmas season the past are entitled to their stake in the fu- that we seek peace most of all for our chil- and, more importantly, the peace that dren. May this be one of many, many happy ture. Northern Ireland has known for more and peaceful Christmases in Northern Ire- As leaders for peace become invested in the than 15 months. land this year and for many years to come. process, as leaders make compromises and In his remarks, the President spoke (Applause.) And may God keep you and bless risk the backlash, people begin more and you and hold all of you in the palm of His more—I have seen this all over the world— of the historic ties between the people of Northern Ireland and the United hand. Thank you and God bless you. they begin more and more to develop a com- (Applause.) mon interest in each other’s success; in States and the bonds we continue to LORD MAYOR. Now, ladies and gentlemen, standing together rather than standing build. Mostly, he and the First Lady we have a duty to do tonight. And that is apart. They realize that the sooner they get spoke of the children of Northern Ire- we’re going to ask the President to turn the to true peace, with all the rewards it brings, land and their hopes and dreams for a lights on. But you and I have something to the sooner it will be easy to discredit and de- lasting peace. I ask unanimous consent do. We have to count down, 10 down to zero. stroy the forces of destruction. that the remarks of the President and So we want the count, 10, 9—slowly please, so We will stand with those who take risks the First Lady may be printed in the that when the President gets ready I’ll give for peace, in Northern Ireland and around you the okay and then we will have the the world. I pledge that we will do all we RECORD. countdown. can, through the International Fund for Ire- There being no objection, the re- (The Christmas tree is lit.) land and in many other ways, to ease your marks were ordered to be printed in The PRESIDENT. Thank you very much. load. If you walk down this path continually, the RECORD, as follows: (Applause.) To the Lord Mayor and Lady you will not walk alone. We are entering an Mayoress, let me begin by saying to all of BELFAST CITY HALL, BELFAST, NORTHERN era of possibility unparalleled in all of you, Hillary and I thank you from the bot- IRELAND, NOVEMBER 30, 1995 human history. If you enter that era deter- tom of our hearts for making us feel so very, mined to build a new age of peace, the Unit- Mrs. CLINTON. Thank you very much, Lord very welcome in Belfast and Northern Ire- ed States of America will proudly stand with Mayor. And thank all of you. (Applause.) To- land. (Applause.) We thank you, Lord Mayor, you. (Applause.) night is a night filled with hope and peace. for your cooperation and your help in mak- But at the end of the day, as with all free And for those of us gathered here throughout ing this trip so successful, and we trust that, people, your future is for you to decide. Your Northern Ireland and around the world, often for all of you, we haven’t inconvenienced you destiny is for you to determine. Only you it is our children who offer us the clearest too much. But this has been a wonderful way can decide between division and unity, be- and purest reasons why peace and why this for us to begin the Christmas holidays. (Ap- tween hard lives and high hopes. Only you peace process is so important. plause.) In a national competition, asking students can create a lasting peace. It takes courage Let me also say I understood just what an to share their hopes for a peaceful Northern to let go of familiar divisions. It takes faith honor it was to be able to turn on this Ireland in letters to my husband, two stu- to walk down a new road. But when we see Christmas tree when I realized the competi- dents whom you see here tonight, Cathy the bright gaze of these children, we know tion. (Laughter.) Now, to become President Harte and Mark Lennox won the top prize. the risk is worth the reward. of the United States you have to undertake We will be privileged to have them in Amer- I have been so touched by the thousands of some considerable competition. But I have ica at summer camp this coming summer. letters I have received from schoolchildren never confronted challengers with the name Tonight it is my privilege to read excerpts recognition, the understanding of the media here, telling me what peace means to them. from their letters. and the ability in the martial arts of the One young girl from Ballymena wrote—and I This is what Cathy said: ‘‘My name is Mighty Morphin Power Rangers. (Applause.) quote—‘‘It is not easy to forgive and forget, Cathy Harte and I am a 12-year-old Catholic To all of you whose support enabled me to especially for those who have lost a family girl. I live in Belfast in Northern Ireland, join you tonight and turn the Christmas tree member or a close friend. However, if people and I love it here. It’s green, it’s beautiful, on, I give you my heartfelt thanks. (Ap- could look to the future with hope instead of and, well, it’s Ireland.’’ (Applause.) ‘‘All my plause.) I know here in Belfast you’ve been the past with fear, we can only be moving in life, I have only known guns and bombs with lighting the Christmas tree for more than 20 the right direction.’’ I couldn’t have said it people fighting. Now, it is different. There years. But this year must be especially joy- nearly as well. are no guns and bombs.’’ ous to you, for you are entering your second I believe you can summon the strength to Cathy continues: ‘‘My dream’s for the fu- Christmas of peace. (Applause.) keep moving forward. After all, you have ture, well, I have a lot of them. Hopefully, As I look down these beautiful streets, I come so far already. You have braved so the peace will be permanent; that one day think how wonderful it will be for people to many dangers, you have endured so many Catholics and Protestants will be able to do their holiday shopping without worry of sacrifices. Surely, there can be no turning walk hand-in-hand and will be able to live in searches or bombs; to visit loved ones on the back. But peace must be waged with a war- the same areas.’’ (Applause.) ‘‘Catholics, other side of the border without the burden rior’s resolve—bravely, proudly, and relent- Protestants, black or white, it is the person of checkpoints or roadblocks; to enjoy these lessly—secure in the knowledge of the single, inside that counts.’’ (Applause.) ‘‘What I magnificent Christmas lights without any greatest difference between war and peace: hope,’’ said Cathy, ‘‘is that when I have my fear of violence. Peace has brought real In peace, everybody can win. (Applause.) own children that there will still be peace change to your lives. I was overcome today when I landed in my and that Belfast will be a peaceful place Across the ocean, the American people are plane and I drove with Hillary up the high- from now on.’’ rejoicing with you. We are joined to you by way to come here by the phenomenal beauty Thank you, Cathy. (Applause.) strong ties of community and commerce and of the place and the spirit and the goodwill Mark Lennox is the same age as our daugh- culture. Over the years men and women of of the people. Northern Ireland has a chance ter, 15. And he explains in his letter the sim- both traditions have flourished in our coun- not only to begin anew, but to be a real in- ple hows of achieving peace. And this is what try and helped America to flourish. spiration to the rest of the world, a model of he says: ‘‘I am a 15-year-old schoolboy from And today, of course, we are forging new progress through tolerance. Glengormley High School. I am very pleased and special bonds. Belfast’s sister city in the Let us join our efforts together as never about the chance of permanent peace in United States, Nashville, Tennessee, was before to make that dream a reality. Let us Northern Ireland and the chances of living in proud to send this Christmas tree to friends join our prayers in this season of peace for a a secure atmosphere. across the Atlantic. I want to thank the future of peace in this good land. ‘‘If Northern Ireland is to have a future, most prominent present resident of Nash- Thank you very much. (Applause.) then we must all learn to live with each ville, Tennessee, Vice President Al Gore, the December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18093 Mayor, Phil Bredesen, and the United States Ryan, if you’re out in the crowd tonight, peace and reconciliation here and who have Air Force for getting this big tree all the here’s the answer to your question. No, as far supported economic development through way across the Atlantic to be here with you as I know, an alien spacecraft did not crash the International Fund for Ireland. tonight. (Applause.) in Roswell, New Mexico, in 1947. (Laughter.) I am also joined today by members of the In this 50th anniversary year of the end of And, Ryan, if the United States Air Force O’Neill family. (Applause.) Among the last World War II, many Americans still remem- did recover alien bodies, they didn’t tell me great chieftains of Ireland were the O’Neills ber the warmth the people of Northern Ire- about it, either, and I want to know. (Ap- of Ulster. But in America, we still have land showed them when the army was sta- plause.) chieftains who are the O’Neills of Boston. tioned here under General Eisenhower. The Ladies and gentlemen, this day that Hil- They came all the way over here to inaugu- people of Belfast named General Eisenhower lary and I have had here in Belfast and in rate the Tip O’Neill Chair and Peace Studies an honorary burgess of the city. He viewed Derry and Londonderry County will long be here at the University of Ulster. (Applause.) that honor, and I quote, ‘‘as a token of our with us—(applause)—as one of the most re- This chair will honor the great Irish Amer- common purpose to work together for a bet- markable days of our lives. I leave you with ican and late Speaker of the House of Rep- ter world.’’ That mission endures today. We these thoughts. May the Christmas spirit of resentatives by furthering his dream of peace remain Americans and as people of Northern peace and goodwill flourish and grow in you. in Northern Ireland. And I am honored to be Ireland, partners for security, partners for May you remember the words of the Lord here with his family members today. prosperity and, most important, partners for Mayor: ‘‘This is Christmas. We celebrate the All of you know that this city is a very dif- peace. (Applause.) world in a new way because of the birth of ferent place from what a visitor like me Two years ago, at this very spot, tens of Emmanuel; God with us.’’ And when God was would have seen just a year and a half ago, thousands of you took part in a day for with us, he said no words more important before the cease-fire. Crossing the border peace, as a response to some of the worst vio- than these: ‘‘Blessed are the peacemakers, now is as easy as crossing a speed bump. The lence Northern Ireland had known in recent for they shall inherit the Earth.’’ (Applause.) soldiers are off the streets. The city walls years. The two morning papers, representing Merry Christmas, and God bless you all. are open to civilians. There are no more both traditions, sponsored a telephone poll (Applause.) shakedowns as you walk into a store. Daily for peace that generated almost 160,000 calls. f life has become more ordinary. But this will In the United States, for my fellow Ameri- never be an ordinary city. (Applause.) cans who are here, that would be the equiva- PRESIDENT CLINTON’S VISIT TO I came here because you are making a lent of 25 million calls. ENGLAND, NORTHERN IRELAND, home for peace to flourish and endure—a The response left no doubt that all across AND IRELAND local climate responsible this week for the Northern Ireland the desire for peace was be- announcement of new business operations coming a demand. I am honored to announce Mr. LAUTENBERG. Mr. President, I that offer significant new opportunities to today that those same two newspapers, the too would like to congratulate Presi- you, as well as new hope. Let me applaud Newsletter and the Irish News, have estab- dent Clinton on his visit to Ireland and also the success of the Inner City Trust and lished the President’s Prize, an annual award the United Kingdom. His visit reminds Patty Dogherty who have put people to work to those at the grass-roots level who have us all of the important role that the rebuilding bombed-out buildings, building contributed most to peace and reconcili- United States can play, and is playing, new ones, and building up confidence and ation. The honorees will travel to the United civic pride. (Applause.) States to exchange experiences on the issues in bringing peace around the world. America’s connections to this place go we share, including community relations and During his visit, the President vis- back a long, long time. One of our greatest conflict resolution. We have a lot to learn ited Derry where he spoke to thousands cities, Philadelphia, was mapped out three from on another. The President’s Prize will of people who gathered at the Guild centuries ago by a man who was inspired by underscore that Northern Ireland’s two tra- Hall. He also joined the American Ire- the layout of the streets behind these walls. ditions have a common interest in peace. land Fund and the family of the late His name was William Penn. He was raised a As you know—and as the First Lady said— Speaker of the House of Representa- Protestant in Ireland in a military family. I have received thousands of letters from tives in inaugurating the Thomas P. He became a warrior and he fought in Ulster. school children all over your remarkable But he turned away from warfare, traded in land telling me what peace means to them. O’Neill Chair for the Study of Peace his armor, converted to the Quaker faith and They poured in from villages and cities, from and Conflict Resolution at Ulster Uni- became a champion of peace. Catholic and Protestant communities, from versity. Imprisoned for his religious views, William mixed schools, primary schools, from schools The President also paid tribute to Penn wrote one of the greatest defenses of for children with special needs. All the let- ‘‘Ireland’s most tireless champion for religious tolerance in history. Released from ters in their own way were truly wonderful civil rights and its most eloquent voice prison, he went to America in the 1680s, a di- for their honesty, their simple wisdom and of non-violence, John Hume.’’ And he visive decade here, and founded Pennsylva- nia, a colony unique in the new world be- their passion. Many of the children showed spoke of reconciliation and hope. I am tremendous pride in their homeland, in its cause it was based on the principle of reli- beauty and its true nature. I congratulate sure he was right when he said that Tip gious tolerance. the winners. They were wonderful and I was smiling down on Derry that day. Philadelphia quickly became the main port loved hearing their letters. Mr. President, I ask unanimous con- of entry for immigrants from the north of But let me tell you about another couple I sent that the President’s addresses in Ireland who made the Protestant and Catho- received. Eleven-year-old Keith from Derry may be printed in the RECORD. lic traditions valuable parts of our treasured Carrickfergus wrote: ‘‘Please tell everyone There being no objection, the ad- traditions in America. Today when he trav- in America that we’re not always fighting dresses were ordered to be printed in els to the States, John Hume is fond of re- here, and that it’s only a small number of minding us about the phrase that Americans the RECORD, as follows: people who make the trouble.’’ Like many of established in Philadelphia as the motto of the children, Keith did not identify himself Thank you. (Applause.) Thank you very our nation, ‘‘E pluribus unum’’—Out of as Protestant or Catholic, and did not distin- much. Mr. Mayor, Mrs. Kerr, Mr. and Mrs. many, one—the belief that back then Quak- guish between the sources of the violence. Hume, Sir Patrick and Lady Mayhew, and to ers and Catholics, Anglicans and Pres- So many children told me of loved ones this remarkable crowd. Let me say—(ap- byterians could practice 0their religion, cele- they have lost, of lives disrupted and oppor- plause)—there have been many Presidents of brate their culture, honor their traditions tunities forsaken and families forced to the United States who had their roots in this and live as neighbors in peace. move. Yet, they showed remarkable courage soil. I can see today how lucky I am to be In the United States today in just one and strength and a commitment to overcome the first President of the United States to county, Los Angeles, there are representa- the past. As 14-year-old Sharon of County come back to this city to say thank you very tives of over 150 different racial, ethnic and Armagh wrote: ‘‘Both sides have been hurt. much. (Applause.) religious groups. We are struggling to live Both sides must forgive.’’ Hillary and I are proud to be here in the out William Penn’s vision, and we pray that Despite the extraordinary hardships so home of Ireland’s most tireless champion for you will be able to live out that vision as many of these children have faced, their let- civil rights and its most eloquent voice of well. (Applause.) ters were full of hope and love and humor. To non-violence, John Hume. (Applause.) I know Over the last three years since I have had all of you who took the time to write me, that at least twice already I have had the the privilege to be the President of the Unit- you’ve brightened my holiday season with honor of hosting John and Pat in Washing- ed States I have had occasion to meet with your words of faith and courage, and I thank ton. And the last time I saw him I said, you Nationalists and to meet with Unionists, and you. To all of you who asked me to do what can’t come back to Washington one more to listen to their sides of the story. I have I could to help peace take root, I pledge you time until you let me come to Derry. And come to the conclusion that here, as in so America’s support. We will stand with you as here I am. (Applause.) many other places in the world—from the you take risks for peace. (Applause.) I am delighted to be joined here today by Middle East to Bosnia—the divisions that And to all of you who have not lost your a large number of Americans, including a are most important here are not the divi- sense of humor, I say thank you. I got a let- distinguished delegation of members of our sions between opposing views or opposing in- ter from 13-year-old Ryan from Belfast. Now, United States Congress who have supported terests. Those divisions can be reconciled. S 18094 CONGRESSIONAL RECORD — SENATE December 6, 1995 The deep divisions, the most important ones, nity and religious leaders who are here and work of building a peaceful spirit and heart are those between the peacemakers and the to my fellow Americans who are here, Con- in every citizen of this land. enemies of peace—those who, deep, deep gressman Walsh and the congressional dele- Our administration has been a strong sup- down inside want peace more than anything, gation; Senator Dodd, Senator Mack and porter of the International Fund for Ireland. and those who, deep down inside can’t bring others. Let me thank you all for the wonder- We will continue to do so because of projects themselves to reach out for peace. Those who ful reception you have given to Hillary and like this one and because of the work still to are in the ship of peace and those who would to me today and, through us, to the people of be done. We were eager to sponsor the con- sink it. Those who bravely meet on the the United States. And let me thank Tom ference we had last May, aided by the dili- bridge of reconciliation, and those who O’Neill for his incredibly generous remarks. gent efforts of our friend, former Senator would blow it up. I am honored to be here with him and with and Senate Majority Leader George Mitchell My friends, everyone in life at some point his family and with Loretta Brennan who now embarks for you on another his- has to decide what kind of person he or she Glucksman and the other members of the toric mission of peace. is going to be. Are you going to be someone American Ireland Fund to help inaugurate I hope very much that Senator Mitchell who defines yourself in terms of what you this Tip O’Neill Chair in Peace Studies. will succeed. I think the voices I have heard are against, or what you are for? Will you be And thank you, Vice Chancellor Smith, for on this trip indicate to me that you want someone who defines yourself in terms of the degree. You know, I wonder how far it is him to succeed, and that you want to suc- who you aren’t, or who you are? The time from a degree to a professorship. (Laughter.) ceed. has come for the peacemakers to triumph in See, I have this job without a lot of tenure, A lot of incredibly moving things have Northern Ireland, and the United States will and I’m looking for one with more tenure. happened to us today, but I think to me, the support them as they do. (Applause.) (Applause.) most moving were the two children who The world-renowned playwright from this Tip O’Neill was a model for many people he stood and introduced me this morning in the city, Brian Friel, wrote a play called ‘‘Phila- never knew. The model of public service. He Mackie Plant in Belfast. They represented delphia, Here I Come.’’ And in a character proved that a person could be a national all those other children, including children who is about to immigrate from Ireland leader without losing the common touch, here from Derry who have written me about thinks back on his past life and says to him- without ever forgetting that all these high- what peace means to them over the last few self, it’s all over. But his alter ego reminds flown speeches we give and all these complex weeks. him of his future and replies, and it’s about issues we talk about in the end have a real, One young boy said—the young boy who in- to begin. It’s all over and it’s about to begin. tangible impact on the lives of ordinary peo- troduced me said that he studied with and If only change were that easy. ple. And that in any free land, in the end all played with people who were both Protestant To leave one way of life behind in search of that really counts are the lives of ordinary and Catholic and he’d almost gotten to the another takes a strong amount of faith and people. point where he couldn’t tell the difference. courage. But the world has seen here over He said he was a man of the House, but he (Laughter.) The beautiful young girl who in- the last 15 months that people from London- was far more. He was fundamentally a man troduced me, that beautiful child, started off derry County to County Down, from Antrim of the people. A bricklayer’s son who became by saying what her Daddy did for a living, to Armagh, have made the transition from a the most powerful person in Congress and and then she said she lost her first Daddy in time of ever-present fear to a time of fragile our nation’s most prominent, most loyal The Troubles. And she thought about it peace. The United States applauds the ef- champion of ordinary working families. every day, it was the worst day of her life. He loved politics because he loved people, forts of Prime Minister Major and Prime And she couldn’t stand another loss. but also because he knew it could make a Minister Bruton who have launched the new The up side and the down side. And those difference in people’s lives. And you have twin-track initiative and have opened a children joined hands to introduce me. I felt proved here that political decisions by brave process that gives the parties to begin a dia- almost as if my speech were superfluous. But people can make a difference in people’s logue in which all views are representative, I know one thing: Tip O’Neill was smiling lives. Along with Senators Kennedy and and all can be heard. down on the whole thing today. (Applause.) Not far from this spot stands a statue of Moynihan and former Governor Hugh Carey The other night I had a chance to go with reconciliation—two figures, ten feet tall, of New York, he was among the first Irish Hillary to the Ford Theater in Washington, each reaching out a hand toward the other, American politicians to oppose violence in D.C., a wonderful, historic place; it’s been but neither quite making it across the di- Northern Ireland. And though we miss him there since before our Civil War, and where vide. It is a beautiful and powerful symbol of sorely, he will long be remembered in the President Lincoln was assassinated. And I where many people stand today in this great United States and now in Ireland with this told the people there who come once a year land. Let it now point people to the hand- O’Neill Chair. It is a fitting tribute to his life to raise money for it so we can keep it going shake of reconciliation. Life cannot be lived and legacy, for he knew that peace had to be that we always thought of it as a sad and with the stillness of statues. Life must go nurtured by a deeper understanding among on. The hands must come closer together or people and greater opportunity for all. tragic place, but it was really a place where drift further apart. Tip O’Neill was old enough to remember a he came to laugh and escape the cares of our Your great Nobel Prize winning poet, time when Irish Catholics were actually dis- great Civil War. And there, I was thinking Seamus Heaney, wrote the following words— criminated against in the United States, and that America has always been about three (applause)—wrote the following words that he had the last laugh when they wound up great things, our country: love of liberty, be- some of you must know already, but that for running the place. (Laughter.) In my life- lief in progress, and the struggle for unity. me capture this moment. He said: ‘‘History time—(applause)—I was just thinking that in And the last is in so many ways by far the says don’t hope on this side of the grave, but my conscious political lifetime we’ve had most difficult. It is a continuing challenge then, once in a lifetime the longed-for tidal three Irish Speakers of the House of Rep- for us to deal with the differences among us, wave of justice can rise up. And hope and resentatives: John McCormick and Tip to honestly respect our differences, to stand history rhyme. So hope for a great sea O’Neill of Boston and Tom Foley of Washing- up where we feel differently about certain change on the far side of revenge. Believe ton State; and, goodness knows how many things, and still to find that core of common that a further shore is reachable from here. more we’re destined to have. humanity across all the sea of differences Believe in miracles and cures and healing I am very proud to be here to inaugurate which permit us to preserve liberty; to make wells.’’ this chair in peace studies. I have been privi- progress possible and to live up to the deep- Well, my friends, I believe. I believe we live leged to come here at an important time in est truths of our shared human nature. in a time of hope and history rhyming. your history. I have been privileged to be In the end, that is what this chair is all Standing here in front of the Guild Hall, President at an important time in your his- about. And believe me, we need it every- looking out over these historic walls, I see a tory and to do what I could on behalf of the where. We need it in the streets of our tough- peaceful city, a safe city, a hopeful city, full United States to help the peace process go est cities in the United States, where we are of young people that should have a peaceful forward. attempting to teach our children when they and prosperous future here where their roots But the work of peace is really the work of have conflicts, they shouldn’t go home and and families are. That is what I see today a lifetime. First, you have to put the vio- pick up a gun or a knife and hurt each other, with you. (Applause.) lence behind you; you have done that. Then, they should figure out a way to work And so I ask you to build on the oppor- you have to make an agreement that recog- through to mutual respect. tunity you have before you; to believe that nizes the differences and the commonalities We need it in the Middle East, where the the future can be better than the past; to among you. And this twin-tracks process, I Prime Minister of Israel just gave his life to work together because you have so much believe is a way at least to begin that proc- a religious fanatic of his own faith because more to gain by working together than by ess where everyone can be heard. he dared to make peace and give the children drifting apart. Have the patience to work for Then, you have to change the spirit of the of his country a better future. a just and lasting peace. Reach for it. The people until it is as normal as getting up in We need it in Bosnia, where the leaders United States will reach with you. The fur- the morning and having breakfast, to feel a have agreed to make peace, but where the ther shore of that peace is within your reach. real affinity for the people who share this people must now purge their heart of the ha- Thank you, and God bless you all. (Ap- land with you without regard to their reli- tred borne of four years of merciless slaugh- plause.) gion or their politics. ter. We need this everywhere. Mayor and Mrs. Kerr, Sir Patrick and Mrs. This chair of peace studies can help you to So, my friends, I pray not only for your Mayhew, Mr. and Mrs. Hume; to the commu- do that. It can be a symbol of the lifetime success in making peace, but I pray that December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18095 through this Chair and through your exam- I was on this college green once before. clothes on their backs. In places as far away ple, you will become a model for the rest of Yes. In 1968, when I was almost as young as as the Holy Land, Asia and Africa, the Irish the world because the world will always need some of the young students over there. (Ap- are helping people to build a future of hope. models for peace. plause.) Lord Mayor, I never dreamed I Your sons and daughters in the Gardai and Thank you, and God bless you all. (Ap- would be back here on this college green in the defense forces take part in some of the plause.) this capacity, but I am delighted to be here. most demanding missions of goodwill, keep- f And I thank you. (Applause.) ing the peace, helping people in war-torn I am told that in earlier times the honor I lands turn from conflict to cooperation. PRESIDENT CLINTON’S VISIT TO have just received, being awarded the Free- Whenever the troubled places of the earth ENGLAND, NORTHERN IRELAND, dom of the City, meant you no longer had to call out for help, from Haiti to Lebanon, the AND IRELAND pay tolls to the Vikings. I’m going to try Irish are always among the very first to an- that on the Internal Revenue Service when I swer the call. Mr. DODD. Mr. President, I join my get home. I hope it will work. (Laughter.) Your commitment to peace helps conquer colleagues in congratulating President Whether it does or not, I am proud to say foes that threaten us all. And on behalf of Clinton on his trip to Northern Ireland, that I am now a free man of Dublin. (Ap- the people of the United States, I say to the Ireland, and England and I commend plause.) people of Ireland: We thank you for that him for his continuing contributions to To look out into this wonderful sea of Irish from the bottom of our hearts. (Applause.) the peace process which have helped si- faces on this beautiful Irish day I feel like a Ireland is helping beat back the forces of lence the guns for more than 15 real ‘‘Dub’’ today—is that what I’m supposed hatred and destruction all around the world—the spread of weapons of mass de- months. to say? (Applause.) Not only that, I know we have a handy football team. (Laughter.) struction, terrorism, ethnic hatreds, reli- I was honored to travel with the Let me say that, as a lot of you know, be- gious fanaticism, the international drug President on that trip. Not since Presi- cause of events developing in Bosnia and the trade. Ireland is helping to beat back these dent Kennedy’s visit to Ireland in 1963 prospect of peace there, I had to cut short forces that wage war against all humanity. have the people of that island so warm- my trip. But there are a few signs out there You are an inspiration to people around the ly welcomed an American President. It I want to respond to. I will return to world. You have made peace heroic. Nowhere was also the first time that an Amer- Ballybunion for my golf game. (Laughter and are the people of Ireland more important in ican President visited Northern Ire- applause.) the cause of peace today than right here at I am also pleased to announce that Presi- home. land. dent Robinson has accepted my invitation to Tuesday night, before I left the United On a sunny day in Dublin, a huge come to the United States next June to con- States to come here, I received the happy crowd turned out to hear the Presi- tinue our friendship. (Applause.) word that the Taoiseach and Prime Minister dent’s address in front of the Bank of There’s another special Irish-American I Major had opened a gateway to a just and Ireland at College Green where he was want to mention today and that is our dis- lasting peace, a peace that will lift the lives awarded the Freedom of the City. And tinguished Ambassador to Ireland, Jean Ken- of your neighbors in Northern Ireland and later that day he addressed Ireland’s nedy Smith—(applause)—who came here their neighbors in the towns and counties Parliament, the Da´ il. with her brother, President Kennedy, 32 that share the Northern border. That was the years ago and who has worked very hard also greatest welcome anyone could have asked Among other things, the President for the cause of peace in Northern Ireland. for. I applaud the Taoiseach for his courage, spoke eloquently about the tragedy of (Applause.) but I know that the courage and the heart of the famine 150 years ago and the most Years ago, Americans learned about Dublin the Irish people made it possible. And I bittersweet of blessings which came from the stories of James Joyce and Sean thank you for what you did. (Applause.) from it—the arrival in America of Irish O’Casey. Today, America and the world still Waging peace is risky. It takes courage immigrants who would help build our learn about Dublin and Ireland through the and strength that is a hard road. It is easier, country. Today, 44 million Americans words of Sebastian Barry, Paula Meehin, as I said yesterday, to stay with the old Roddy Doyle—(applause)—through the films claim Irish descent. They are Protes- grudges and the old habits. But the right of Jim Sheridan, Neil Jordan; through the thing to do is to reach for a new future of tants and Catholics. Many came during voices of Mary Black and the Delores peace—not because peace is a document on the famine and many came before. All Keane—(applause)—and yes, through the paper, or even a handshake among leaders, want peace in Northern Ireland. As one Cranberries and U–2. (Applause.) I hear all but because it changes people’s lives in fun- of those 44 million Irish Americans, I about how America’s global—the world’s damental and good ways. am grateful for the leadership the global culture is becoming more American, Yesterday in Northern Ireland I saw that President has shown in helping to but I believe if you want to grasp the global for myself. I saw it on the floor of the bring peace to that island which means culture you need to come to Ireland. (Ap- Mackie Plant in Belfast, with Catholics and plause.) Protestants working side by side to build a so much to so many of us. All of you know that I have family ties better future for their families. I heard it in I ask unanimous consent that the here. My mother was a Cassidy, and how I the voices of the two extraordinary children President’s remarks in Dublin be print- wish she were alive to be here with me you may have seen on your television, one a ed in the RECORD following my re- today. She would have loved the small towns Catholic girl, the other a Protestant boy, marks. and she would have loved Dublin. Most of all, who introduced me to the people of Belfast There being no objection, the re- she would have loved the fact that in Ire- with their hands joined, telling the world of marks were ordered to be printed in land, you have nearly 300 racing days a year. their hopes for the future, a future without the RECORD, as follows: (Laughter.) She loved the horses. bullets or bombs, in which the only barriers I understand that there are some Cassidys they face are the limits to their dreams. REMARKS BY THE PRESIDENT IN ADDRESS TO out in the audience today. And if they are, I As I look out on this sea of people today I THE PEOPLE OF IRELAND, BANK OF IRELAND want to say in my best Arkansas accent, tell you that the thing that moved me most AT COLLEGE GREEN, DUBLIN, IRELAND, DE- cead mile failte—(applause)—beatha saol in that extraordinary day in Northern Ire- CEMBER 1, 1995 agus slainte. (Applause.) land yesterday was that the young people, Thank you very much. (Applause.) First, One hundred and fifty years ago, the crops Catholic and Protestant alike, made it clear let me say to all of you Dubliners and all Ire- of this gorgeous island turned black in the to me not only with their words, but by the land, Hillary and I have loved our trip to ground and one-fourth of your people either expressions on their faces that they want your wonderful country. (Applause.) To the starved from the hunger or were lost to emi- peace and decency among all people. (Ap- Taoiseach and Mrs. Bruton; Lord Mayor gration. That famine was the greatest trag- plause.) Loftus and Lady Loftus; City Manager Frank edy in Irish history. But out of that horrible I know well that the immigration from Feely; to all the aldermen who conferred this curse came the most bittersweet of bless- your country to the shores of mine helped to great honor on me. ings—the arrival in my country of millions make America great. But I want more than To the Americans in the audience, wel- of new Americans who built the United anything for the young people of Ireland, come to all of you. (Applause.) Are there any States and climbed to the top of its best wherever they live on this island, to be able Irish in the audience? (Applause.) I want to works. For every person here in Ireland to grow up and live out their dreams close to say also how pleased I am to be here with a today, 12 more in the United States have their roots in peace and honor and freedom number of Irish American members of the proud roots in Irish soil. (Applause.) and equality. (Applause.) United States Congress; and the Irish Amer- Perhaps the memory of the famine ex- I could not say it better than your Nobel ican Director of the Peace Corps, Mark plains in part the extraordinary generosity Prize-winning poet, Seamus Heany, has said: Gearan; the Irish American Secretary of of the Irish people, not just to needy neigh- ‘‘We are living in a moment where hope and Education Richard Riley; and the Secretary bors in the local parish, but to strangers all history rhyme.’’ In Dublin, if there is peace of Commerce Ron Brown, who wishes today around the globe. You do not forget those in Northern Ireland, it is your victory, too. he were Irish American. Thank you all for who still go hungry in the world today; who And I ask all of you to think about the next being here. (Applause.) yearn simply to put food on the table and steps we must take. S 18096 CONGRESSIONAL RECORD — SENATE December 6, 1995 Stand with the Taoiseach as he takes risks It’s the world’s good fortune that Ireland thing which is now in reach for the first time for peace. Realize how difficult it is for has become a force for fulfilling that hope since nation-states appeared on the con- them, having been in their patterns of oppo- and redeeming the possibilities of mankind— tinent of Europe so many centuries ago. But sition for so long to the north of you. And re- a force for good far beyond your numbers. we know such a Europe can never be built as alize that those of you who have more emo- And we are all the better for it. long as conflict tears at the heart of the con- tional and physical space must reach out and Today I have traveled from the North tinent in Bosnia. The fire there threatens help them to take those next hard steps. It is where I have seen the difference Ireland’s the emerging democracies of the region and worth doing. leadership has made for peace there. At the our allies nearby. And it also breaks our And to you, this vast, wonderful throng of lighting of Belfast’s Christmas tree for tens heart and violates our conscience. people here, and all of the people of Ireland, of thousands of people there, in the faces of That is why, now that the parties have I say: America will be with you as you walk two communities divided by bitter history, committed themselves to peace, we in the the road of peace. We know from our own ex- we saw the radiance of optimism born, espe- United States are determined to help them perience that making peace among people of cially among the young of both commu- find the way back from savagery to civility, different cultures is the work of a lifetime. It nities. In the voices of the Shankill and the to end the atrocities and heal the wounds of is a constant challenge to find strength amid Falls, there was a harmony of new hope that terrible war. That is why we are prepar- diversity, to learn to respect differences in- which we saw. I saw that the people want ing our forces to participate there, not in stead of run from them. Every one of us must peace—and they will have it. fighting a war, but in securing a peace root- fight the struggle within our own spirit. We George Bernard Shaw, with his wonderful ed in the agreement they have freely made. have to decide whether we will define our Irish love of irony, said, ‘‘Peace is not only Standing here, thinking about the devasta- lives primarily based on who we are, or who better than war, but infinitely more ardu- tion in Bosnia, the long columns of hopeless we are not; based on what we are for, or what ous.’’ Well, today, I thank Prime Minister refugees streaming from their homes, it is we are against. There are always things to be Bruton and former Prime Minister Reynolds impossible not to recall the ravages that against in life, and we have to stand against and Deputy Prime Minister Spring and Brit- were visited on your wonderful country 150 the bad things we should stand against. ain’s Prime Minister Major, and others, but years ago—not by war, of course, but by nat- But the most important thing is that we especially these, for their unfailing dedica- ural disaster when the crops rotted black in have more in common with people who ap- tion to the arduous task of peace. the ground. From the Downing Street Declaration to pear on the surface to be different from us Today, still, the Great Famine is seared in the historic cease-fire that began 15 months than most of us know. And we have more to the memory of the Irish nation and all car- ago, to Tuesday’s announcement of the twin- gain by reaching out in the spirit of brother- ing peoples. The memory of a million dead, track initiative which will open a dialogue nearly two million more forced into exile— hood and sisterhood to those people than we in which all voices can be heard and all view- can possibly know. That is the challenge the these memories will remain forever vivid to points can be represented, they have taken all of us whose heritage is rooted here. young people of this generation face. (Ap- great risks without hesitation. They’ve cho- plause.) But as an American, I must say as I did sen a harder road than the comfortable path just a few moments ago in Dublin downtown, When President Kennedy came here a gen- of pleasant, present pieties. But what they eration ago and spoke in this city he said that in that tragedy came the supreme gift have done is right. And the children and of the Irish to the United States. The men, that he sincerely believed—and I quote— grandchildren of this generation of Irish will ‘‘that your future is as promising as your women and children who braved the coffin reap the rewards. ships when Galway and Mayo emptied; when past is proud; that your destiny lies not as a Today, I renew America’s pledge. Your Kerry and Cork took flight, brought a life peaceful island in a sea of troubles, but as a road is our road. We want to walk it to- and a spirit that has enormously enriched maker and shaper of world peace.’’ gether. We will continue our support—politi- A generation later Ireland has claimed the life of our country. cal, financial and moral—to those who take The regimental banner brought by Presi- that destiny. Yours is a more peaceful land risks for peace. I am proud that our adminis- dent Kennedy that hangs in this house re- in a world that is ever more peaceful in sig- tration was the first to support in the execu- minds us of the nearly 200,000 Irishmen who nificant measure because of the efforts of the tive budget sent to the Congress the Inter- took up arms in our Civil War. Many of them citizens of Ireland. For touching the hearts national Fund for Ireland—because we be- barely were off the ships when they joined and minds of peace-loving people in every lieve that those on both sides of the border the Union forces. They fought and died at corner of the world; for the risk you must who have been denied so much for so long Fredericksburg and Chancellorsville and now continue to take for peace; for inspiring should see that their risks are rewarded with Gettysburg. Theirs was only the first of the nations of the world by your example; the tangible benefits of peace. and for giving so much to make America In another context a long time ago, Mr. countless contributions to our Nation from great, America says, thank you. Yeats reminded us that too long a sacrifice those who fled the famine. But that con- Thank you, Ireland, and God bless you all. can make a stone of the heart. We must not tribution enabled us to remain a nation and (Applause.) let the hearts of the young people who yearn to be here with you today in partnership for peace for your nation and for the peoples REMARKS BY THE PRESIDENT IN ADDRESS TO for peace turn to stone. who live on this island. THE IRISH PARLIAMENT, DAIL CHAMBER AT I want to thank you here, not only for the support you’ve given your leaders in working The Irish have been building America ever LEINSTER HOUSE, DUBLIN, IRELAND, DECEM- since— our cities, our industry, our culture, BER 1, 1995 for peace in Northern Ireland, but for the ex- traordinary work you have done to wage our public life. I am proud that the delega- Mr. Speaker Comhaile, you appear to be peace over war all around the world. Almost tion that has accompanied me here today in- someone who can be trusted with the budget. 1,500 years ago, Ireland stood as a lone bea- cludes the latest generation of Irish Amer- (Laughter and applause.) Such are the vagar- con of civilization to a continent shrouded in ican leaders in the United States, men and ies of faith which confront us all. (Laughter darkness. women who remain devoted to increasing our and applause.) It has been said, probably without over- strength and safeguarding our liberty. To the Taoiseach, the Tanaiste, members statement, that the Irish, in that dark pe- In the last century, it was often said that of the Dail and the Seanad, head of the Sen- riod, saved civilization. Certainly you saved the Irish who fled the great hunger were ate: I’m honored to be joined here, as all of the records of our civilization—our shared searching for casleain na n-or—castles of you know, by my wife, members of our Cabi- ideas, are shared ideals, our priceless record- gold. I cannot say that they found those cas- net and members of the United States Con- ings of them. tles of gold in the United States, but I can gress of both parties—the congressional con- Now, in our time, when so many nations tell you this— they built a lot of castles of gregation chaired by Congressman Walsh— seek to overcome conflict and barbarism, the gold for the United States in the prosperity they are up there. They got an enormous light still shines out of Ireland. Since 1958, and freedom of our Nation. We are grateful laugh out of the comments of the Comhaile. almost 40 years now, there has never been a for what they did and for the deep ties to Ire- (Laughter.) For different reasons they were single, solitary day that Irish troops did not land that they gave us in their sons and laughing. (Laughter.) stand watch for peace on a distant shore. In daughters. I thank you for the honor of inviting me Lebanon, in Cyprus, in Somalia, in so many Now we seek to repay that in some small here, and I am especially pleased to be here other places, more than 41,000 Irish military way—by being a partner with you for peace. at this moment in your history—before the and police personnel have served over the We seek somehow to communicate to every elected representatives of a strong, con- years as peacekeepers—an immense con- single person who lives here that we want for fident, democratic Ireland; a nation today tribution for a nation whose Armed Forces all of your children the right to grow up in playing a greater role in world affairs than today number fewer than 13,000. an Ireland where this entire island gives ever before. I know that during your presidency of the every man and woman the right to live up to We live in a time of immense hope and im- European Union next year, Ireland will help the fullest of their God-given abilities and mense possibility; a time captured, I believe, to lead the effort to build security for a sta- gives people the right to live in equality and in the wonderful lines of your poet, Seamus ble, strong and free Europe. For all—all you freedom and dignity. Heaney, when he talked of the ‘‘longed-for have done, and for your steadfast devotion to That is the tide of history. We must make tidal wave of justice can rise up and hope peace, I salute the people of Ireland. sure that the tide runs strong here, for no and history rhyme.’’ That is the time in Our Nation also has a vital stake in a Eu- people deserve the brightest future more which we live. rope that is stable, strong and free—some- than the Irish. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18097 God bless you and thank you. (Applause.) the Irish in America is the story of America tive, the Washington Conference on Invest- f itself. It’s a tale of extraordinary success, ment in Ireland. shown in the presence here tonight of some In Northern Ireland, the key to success and PRESIDENT CLINTON’S VISIT TO outstanding Irish Americans. But to the agreement is dialogue. And in dialogue, all ENGLAND, NORTHERN IRELAND, spectacular achievements of the few must be must accept those on the other side as they AND IRELAND added the lesser triumphs of the many—Irish are, not as they might wish them to be. Irish Nationalism is beginning to understand and Mr. PELL. Mr. President, the warm farmers and builders; policemen and nurses; teachers and firemen, who from Boston to respect Unionism. Unionists are beginning to reception President Clinton received San Francisco have made America what it is understand and respect Nationalism. Both last week when he visited Ireland and today. must coexist and must grow together. the United Kingdom was a fitting trib- In celebrating success let us not forget The principle of consent is profoundly im- ute to his commitment to peace in hardship. This is the 150th anniversary of the portant. Consent means that the constitu- Northern Ireland. Great Famine which drove so many Irish to tional status of Northern Ireland cannot be President Clinton’s involvement in seek refuge in America, where they found a changed without the agreement of the people the Northern Ireland issue helped bring welcome and an ability to remake their lives there. But consent also means that the sys- about the paramilitary cease-fires of through sheer hard work. tem of government in Northern Ireland must As Ireland itself changes, so, too, does its be one to which both communities can agree. 1994 and he continues to impact posi- relationship with the United States. The In one sense, neither side has a veto. And tively on the efforts for peace there. highly educated Irish emigrants of the 1980s yet, in another sense, both sides have a veto. On Friday evening, the Irish Govern- and 1990s are helping make America today a So getting agreement isn’t going to be easy. ment hosted a dinner for President and stronger and a better place. They moved And I believe that we will find in some Mrs. Clinton at Dublin Castle. Irish back and forth between the old world and the words of yours, Mr. President, the inspira- Prime Minister John Bruton spoke of new with facility and ease. And many re- tion that will help us find that illusive the President’s foreign policy suc- turned here, having worked in the United agreement. Let us think of all the good that cesses, especially his commitment to States, to become part of the young inter- people do on a daily basis—in schools and bringing peace to Northern Ireland. nationally-minded, well-trained work force health care and in business in Northern Ire- land. Let us think of the kindness the people Prime Minister Bruton mentioned in which, combined with a good tax and invest- ment climate, make Ireland a natural home, there continue to show to one another every particular United States diplomatic ef- a natural base for great United States day of the week, across the religious divide forts and economic support, including cooperations like Intel, Motorola, Microsoft, even at the height of 25 years of trouble. the International Fund for Ireland and and Abbott. That spirit needs to be reflected in politics. the Washington Conference on Invest- In the 74 years since the treaty of 1921, You said in your inaugural address, ment which the President hosted in signed this week 74 years ago, this state of ‘‘There’s nothing wrong with America that May in Washington. ours, born in fire, has transformed itself into cannot be cured by what is right with Amer- President Clinton commended the a mature European democracy, secure in its ica.’’ I say there’s nothing wrong with North- Taoiseach for work with Prime Min- ethos, open to the world and proud of its ern Ireland that cannot be cured by what is youth. right with Northern Ireland. There is noth- ister Major which led to the recent an- (Speaks in Gaelic.) (Applause.) ing wrong between North and South on this nouncement of the launch of the twin- American political ideas of liberty, of gov- island that cannot be cured by what is right track process. ernment based on the consent of the gov- between North and South on this island. And I commend to my colleagues the erned and of the separation of powers, have there’s nothing wrong between Britain and toasts given by the President and inspired our Irish Constitution. Your Con- Ireland that cannot be cured by what is al- Taoiseach and I ask unanimous con- stitution also acknowledges the fact that ready right between Britain and Ireland. sent that they be printed in the people do not always agree. Your second While you were still a presidential can- President, John Adams, said that ‘‘America didate, in an interview, I believe, to The New RECORD. There being no objection, the toasts has been a theater of parties and feuds for York Times in 1992—June, I believe it was— nearly 200 years.’’ Judging from your own re- you said, ‘‘If you live long enough you’ll were ordered to be printed in the cent experience, Mr. President, I think you make mistakes. But if you learn from those, RECORD, as follows: might agree with him. (Laughter.) you’ll be a better person. It’s how you handle REMARKS BY THE PRESIDENT AND PRIME MIN- But quarrels pass; ideas remain. The use of adversity, not how it affects you. The main ISTER BRUTON IN AN EXCHANGE OF TOASTS, political power must be based on moral val- thing is never quit, never quit, never quit.’’ DUBLIN CASTLE, DUBLIN, IRELAND, DECEM- ues. As President Jefferson said, ‘‘Our inter- Do you remember saying that? (Applause.) BER 1, 1995 ests soundly calculated will ever be found in- We will not quit. We will not quit in our Mr. BRUTON. Mr. President, Finola and I separable from our moral duties.’’ Moral du- search for a balanced, fair and just settle- heartily welcome you and your wife, Hillary ties freely followed are the best compass in ment on this island, and between this island Rodham Clinton, to our country. You have personal relations, the best compass in do- and its neighbors to which all can give equal seen for yourselves and felt for yourselves mestic politics, and the best compass in for- allegiance. the warmth of the affection and the admira- eign policy. I’d like to propose a toast—to the Presi- tion in which you are held throughout this We admire the achievements of your ad- dent and the people of the United States of island. The affection and admiration extends ministration in foreign policy—in Haiti, in America. The President and the people of the to you personally, to your administration, to the Middle East, and most recently and most United States. the office that you hold, and particularly to notably, in Bosnia. Your country’s moral vi- (A toast is offered.) (Applause.) the great country that you need. sion has helped bring peace and stability to THE PRESIDENT. To the Taoiseach and Mrs. We welcome, too, the bipartisan congres- the world. I know that I speak for all in Ire- Bruton, and to all of our hosts. Hillary and sional delegation, representing your two land when I say thank you from the depth of I are honored to be here tonight with all of great political parties who have come with my heart for the sustained commitment that you, and to be here in the company of some you to Ireland. you have shown in bringing peace to this of America’s greatest Irish Americans, in- Tonight is for remembering; it’s for cele- country. (Applause.) cluding Senator George Mitchell, who has brating and it’s for looking ahead. We think At the beginning of your presidency you taken on such a great and difficult task; a of past Presidents of the United States who said that you’d be there for the Irish not just bipartisan congressional delegation headed have visited Ireland—in June 1963, John Fitz- on one day of the year, but every day of the by Congressman Walsh; many members of gerald Kennedy captivated Ireland as he cap- year. You have lived up to that. And so, too, the Ambassador’s family, including Kathleen tivated the world. To us, he was not only a has Vice President Gore, Secretary Chris- Kennedy Townsend, Lt. Governor of Mary- reminder of our past, but a vision of our fu- topher, Tony Lake and his staff, and Senator land; the Mayors of Chicago and Los Ange- ture. We thank you for sending the late George Mitchell. You and they have given les; Secretary Riley, the Secretary of Edu- President’s sister, Jean Kennedy Smith, to your time and your energies not only to my- cation; Mark Gearan, Director of the Peace work with us now as your Ambassador. (Ap- self and to the Tanaiste, but to many politi- Corps. And as I said, we have the Secretary plause.) cal figures from every side of the divide in of Commerce, Ron Brown, tonight, who wish- The late President Richard Nixon visited Northern Ireland. You’ve shown balance, as es, more than ever before in his life, that he this country in 1970. And President Ronald you saw yesterday in Belfast and Derry. were Irish. (Laughter.) I think he is down Reagan, who visited us in 1984, was, like you, You’ve won respect and confidence right deep inside. (Laughter.) a great friend of this country; a great man across the divide, across which it is almost I thank you also for—I see the Mayor of whose bravery in publicly acknowledging his impossible to win common respect—the re- Pittsburgh here—I know I’ve left out some illness has given courage, reassurance and spect that you have won, Mr. President. others—my wonderful step-father, Dick consultation to millions across the globe And America has backed its words with Kelley, who thought it was all right when I who face the same challenge in their lives. deeds, as we’re seeing in the work of the got elected President. But when I brought The ties which bind Ireland and the United International Fund for Ireland, and most no- him home to Ireland he knew I had finally States cover all human activity. The story of tably, in the follow-through of your initia- arrived. (Laughter and applause.) S 18098 CONGRESSIONAL RECORD — SENATE December 6, 1995 You know, the Taoiseach has been not only everyone in the world to pay tribute to Ire- word ‘‘breast’’. AOL later apologized a good friend to me in our work for peace, land for coming out of the famine with per- and indicated it would permit the use but a good friend to the United States. In- haps a greater sense of compassion for the of that word where appropriate. deed, he and Finola actually came to Wash- fate of people the world over than any other This is a serious misstep by the ington, D.C. to celebrate their honeymoon. I nation. I said today in my speech to the Par- think it’s fair to say that his honeymoon liament that there had not been a single, sol- House Members of the telecommuni- there lasted longer than mine did. (Laughter itary day—not one day—since 1958, when cations bill conference. I urge the full and applause.) someone representing the government of Ire- conference to consider the threat this I managed to get even with at least one land was not somewhere in the world trying amendment poses to the future growth member of Congress—or former member of to aid the cause of peace. I think there is no of the Internet, and reject it. Congress—when I convinced Senator Mitch- other nation on Earth that can make that ell to give into the entreaties of the claim. f Taoiseach and the Prime Minister to head And as I leave I feel so full of hope for the this arms decommissioning group. Now, situation here in Ireland and so much grati- THE BAD DEBT BOXSCORE there’s any easy job for you. (Laughter.) You tude for you, for what you have given to us. Mr. HELMS. Mr. President, on that know, in Ireland I understand there’s a—our And I leave you with these words, which I American country music is very popular— found as I was walking out the door from the November evening in 1972 when I was Garth Brooks said the other day he sold Ambassador’s Residence. The Ambassador first elected to the Senate, I made a more records in Ireland than any other place made it possible for Hillary and me to spend commitment to myself that I would in the world outside America. So I told Sen- a few moments this evening with Seamus never fail to see a young person, or a ator Mitchell today that—he was telling me Heaney and his wife, since I have been run- group of young people, who wanted to what a wonderful day we had yesterday in ning around the country quoting him for two see me. Derry and Belfast, and what a wonderful day days. (Laughter.) I might say, without his we had today in Dublin, and I said, ‘‘Yes, It has proved enormously beneficial permission. (Laughter.) And he gave Hillary to me because I have been inspired by now you get to go to work.’’ I said, this re- an inscribed copy of his book ‘‘The Cure At minds me of that great country song, ‘‘I Got Troy.’’ And as I skimmed through it, I found the estimated 60,000 young people with the Gold Mine and You Got the Shaft.’’ these words, with which I leave you: whom I have visited during the nearly (Laughter and applause.) But if anybody can ‘‘Now it’s high water mark, and flood tide 23 years I have been in the Senate. bring out more gold, George Mitchell can. in the heart and time to go. What’s left to Most of them have been concerned (Laughter.) say? Suspect too much sweet talk, but never about the Federal debt which is slight- I want to thank the Taoiseach for the cour- close your mind. It was a fortunate wind age he showed in working with the Prime ly in excess of $11 billion shy of $5 tril- that blew me here. I leave half ready to be- Minister of Great Britain, from the day he lion—which will be exceeded later this lieve that a cripple’s trust might walk and took office, taking up from his predecessor, year. Of course, Congress is responsible the half-true rhyme is love.’’ Albert Reynolds, right through this remark- Thank you and God bless you. (Applause.) for creating this monstrosity for which able breakthrough that he and Prime Min- I thought I had done something for a mo- the coming generations will have to ister Major made on the twin tracks that he ment to offend the Taoiseach—he was forc- pay. helped to forge just two days ago. This is an ing me on water instead of wine. (Laughter.) The young people and I almost al- astonishing development really because it is Let me now, on behalf of every American ways discuss the fact that under the the first formulation anyone has come up here present, bathed in the generosity and with that permits all views to be heard, all U.S. Constitution, no President can the hospitality of Ireland, offer this toast to spend a dime of Federal money that voices to speak, all issues to be dealt with, the Taoiseach and Mrs. Bruton and to the without requiring people to give up the posi- wonderful people of this great Republic. has not first been authorized and ap- tions they have taken at the moment. We (A toast is offered.) (Applause.) propriated by both the House and Sen- are very much in your debt. ate of the United States. This has been an experience like none I f have ever had before. Yesterday, John Hume, That is why I began making these THE TELECOMMUNICATIONS BILL daily reports to the Senate on Feb- who’s joined us, took me home to Derry with CONFERENCE him. And I thought to myself—all my life ruary 25, 1992. I wanted to make a mat- ‘‘Danny Boy’’ has been my favorite song—I Mr. LEAHY. Mr. President, the ac- ter of daily record the precise size of never thought I’d get to go there to hear it. tion of the House Members on the tele- the Federal debt which, at the close of But thanks to John, I did. communications bill conference this business yesterday, Tuesday, December And then we were before in Belfast. And all morning should send tremors through 5, stood at $4,988,766,009,862.29 or of you, I’m sure, were so moved by those two children who introduced me, reading ex- the Internet community and defenders $18,937.44 for every man, woman, and cerpts from the letters. You know, I’ve got of the first amendment. They agreed to child in America on a per capita basis. thousands and thousands of letters from a provision that would effectively ban The increase in the national debt Irish children telling me what peace means constitutionally protected speech on since my report yesterday—which iden- to them. One thing I am convinced of as I the Internet. tified the total Federal debt as of close leave here —that there is a global hunger If this amendment becomes law, no of business on Monday, December 4, among young people for their parents to put longer will Internet users be able to en- 1995—shows an increase of down the madness of war in favor of their gage in freewheeling discussions in childhood. (Applause.) $125,665,418.83. That increase, I’m told, I received this letter from a teenager right news groups and other areas on the is equivalent to the amount of money here in Dublin. I thought I would read it to Internet accessible to minors. They needed by 215,311 students to pay their you, to make the point better than I could. will have to limit all language used and college tuitions for 4 years. This is just an excerpt: ‘‘With your help, the topics discussed to that appropriate for f chances given to reason and to reasonable kindergarteners, just in case a minor people, so that the peace in my country be- clicks onto the discussion. No literary comes reality. What is lost is impossible to REPORT ON ADMINISTRATION OF bring back. Children who were killed are quotes from racy parts of ‘‘Catcher in EXPORT CONTROLS—MESSAGE gone forever. No one can bring them back. the Rye’’ or ‘‘Ulysses’’ will be allowed. FROM THE PRESIDENT—PM 100 But for all those who survive these Certainly, online discussions of safe sex sufferings, there is future.’’ practices, of birth control methods, The PRESIDING OFFICER laid be- The young person from Dublin who wrote and of AIDS prevention methods will fore the Senate the following message me that was Zlata Filipovic, the young teen- be suspect. Any user who crosses the from the President of the United ager from Bosnia who is now living here, who vague and undefined line of ‘‘inde- States, together with an accompanying wrote her wonderful diary that captured the report; which was referred to the Com- imagination of people all over the world. cency’’ will be subject to 2 years in jail I am honored that at this moment in the and fines. mittee on Banking, Housing, and history of the world the United States has We have already seen the chilling ef- Urban Affairs. had the great good fortune to stand for the fect that even the prospect of this leg- To the Congress of the United States: future of children in Ireland, in Bosnia, in islation has had on online service pro- In order to take additional steps with the Middle East, in Haiti and on the tough- viders. Last week, American On Line respect to the national emergency de- est streets of our own land. And I thank you deleted the profile of a Vermonter who scribed and declared in Executive here in Ireland for taking your stand for those children’s future, as well. communicated with fellow breast can- Order No. 12924 of August 19, 1994, and Let me say in closing that in this 150th an- cer survivors online. Why? Because, ac- continued on August 15, 1995, neces- niversary of the Great Famine, I would like cording to AOL, she used the vulgar sitated by the expiration of the Export December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18099 Administration Act on August 20, 1994, H.R. 869. An act to designate the Federal H.R. 2336. An act to amend the Doug Bar- I hereby report to the Congress that building and United States courthouse lo- nard, Jr.—1996 Atlantic Centennial Olympic pursuant to section 204(b) of the Inter- cated at 125 Market Street in Youngstown, Games Commemorative Coin Act, and for other purposes; to the Committee on Bank- national Emergency Economic Powers Ohio, as the ‘‘Thomas D. Lambros Federal Building and United States Courthouse.’’ ing, Housing, and Urban Affairs. Act, 50 U.S.C. 1703(b) (‘‘the Act’’), I H.R. 965. An act to designate the Federal H.R. 2614. An act to reform the commemo- have today exercised the authority building located at 600 Martin Luther King, rative coin programs of the United States granted by the Act to issue an Execu- Jr. Place in Louisville, Kentucky, as the Mint in order to protect the integrity of such tive order (a copy of which is attached) ‘‘Romano L. Mazzoli Federal Building.’’ programs and prevent losses of Government to revise the existing procedures for H.R. 1804. An act to designate the United funds, to authorize the United States Mint States Post Office-Courthouse located at to mint and issue platinum and gold bullion processing export license applications coins, and for other purposes; to the Com- submitted to the Department of Com- South 6th and Rogers Avenue, Fort Smith, Arkansas, as the ‘‘Judge Isaac C. Parker mittee on Banking, Housing, and Urban Af- merce. Federal Building.’’ fairs. The Executive order establishes two H.R. 2336. An act to amend the Doug Bar- H.R. 2684. An act to amend title II of the basic principles for processing export nard, Jr.—1996 Atlantic Centennial Olympic Social Security Act to provide for increases license applications submitted to the Games Commemorative Coin Act, and for in the amounts of allowable earnings under other purposes. the social security earnings limit for individ- Department of Commerce under the uals who have attained retirement age, and Act and the Regulations, or under any H.R. 2614. An act to reform the commemo- rative coin programs of the United States for other purposes; to the Committee on Fi- renewal of, or successor to, the Export nance. Mint in order to protect the integrity of such Administration Act and the Regula- programs and prevent losses of Government f tions. First, all such license applica- funds, to authorize the United States Mint tions must be resolved or referred to MEASURE PLACED ON THE to mint and issue platinum and gold bullion CALENDAR me for resolution no later than 90 cal- coins, and for other purposes. endar days after they are submitted to H.R. 2684. An act to amend title II of the The following measure was read the the Department of Commerce. Second, Social Security Act to provide for increases first and second times by unanimous the Departments of State, Defense, and in the amounts of allowable earnings under consent and placed on the calendar: Energy, and the Arms Control and Dis- the social security earnings limit for individ- H.R. 395. An act to designate the United uals who have attained retirement age, and States courthouse and Federal building to be armament Agency will have the au- for other purposes. thority to review any such license ap- constructed at the south-eastern corner of f Liberty and South Virginia Streets in Reno, plication. In addition, the Executive Nevada, as the ‘‘Bruce R. Thompson United order sets forth specific procedures in- MEASURES REFERRED States Courthouse and Federal Building.’’ cluding intermediate time frames, for The following bills were read the first f review and resolution of such license and second times by unanimous con- REPORTS OF COMMITTEES applications. sent and referred as indicated: The Executive order is designed to H.R. 255. An act to designate the Federal The following reports of committees make the licensing process more effi- Justice Building in Miami, Florida, as the were submitted: cient and transparent for exporters ‘‘James Lawrence King Federal Justice By Mr. HATCH, from the Committee on while ensuring that our national secu- Building’’; to the Committee on the Environ- the Judiciary, with an amendment in the na- rity, foreign policy, and nonprolifera- ment and Public Works. ture of a substitute and an amendment to tion interests remain fully protected. H.R. 308. An act to provide for the convey- the title: ance of certain lands and improvements in H.R. 665. A bill to control crime by manda- WILLIAM J. CLINTON. Hopewell Township, Pennsylvania, to a non- tory victim restitution (Rept. No. 104–179). THE WHITE HOUSE, December 5, 1995. profit organization known as the ‘‘Beaver f f County Corporation for Economic Develop- INTRODUCTION OF BILLS AND MESSAGES FROM THE HOUSE ment’’ to provide a site for economic devel- opment; to the Committee on Governmental JOINT RESOLUTIONS At 12 pm., a message from the House Affairs. The following bills and joint resolu- of Representatives, delivered by Mr. H.R. 653. An act to designate the United tions were introduced, read the first Hays, one of its reading clerks, an- States courthouse under construction in and second time by unanimous con- nounced that the House has passed the White Plains, New York, as the ‘‘Thurgood sent, and referred as indicated: following bills, in which it requests the Marshall United States Courthouse’’; to the Committee on Environment and Public By Mr. BREAUX: concurrence of the Senate: Works. S. 1450. A bill to provide that certain gam- H.R. 255. An act to designate the Federal H.R. 826. An act to extend the deadline for ing contracts shall remain in effect, notwith- Justice Building in Miami, Florida, as the the completion of certain land exchanges in- standing filing for bankruptcy, and for other ‘‘James Lawrence King Federal Justice volving the Big Thicket National Preserve in purposes; to the Committee on the Judici- Building.’’ Texas, and for other purposes; to the Com- ary. H.R. 308. An act to provide for the convey- mittee on Energy and Natural Resources. By Mr. MCCAIN (for himself and Mr. ance of certain lands and improvements in H.R. 840. An act to designate the Federal KYL): S. 1451. A bill to authorize an agreement Hopewell Township, Pennsylvania, to a non- building and United States courthouse lo- between the Secretary of the Interior and a profit organization known as the ‘‘Beaver cated at 215 South Evans Street in Green- State providing for the continued operation County Corporation for Economic Develop- ville, North Carolina, as the ‘‘Walter B. by State employees of national parks in the ment’’ to provide a site for economic devel- Jones Building and United States Court- State during any period in which the Na- opment. house’’; to the Committee on Environment tional Park Service is unable to maintain H.R. 395. An act to designate the United and Public Works. the normal level of park operations, and for States courthouse and Federal building to be H.R. 869. An act to designate the Federal other purposes; to the Committee on Energy constructed at the south-eastern corner of building and United States courthouse lo- and Natural Resources. Liberty and South Virginia Streets in Reno, cated at 125 Market Street in Youngstown, By Mr. GRAMS (for himself, Mr. Nevada, as the ‘‘Bruce R. Thompson United Ohio, as the ‘‘Thomas D. Lambros Federal MCCAIN, and Mr. COATS): States Courthouse and Federal Building.’’ Building and United States Courthouse’’; to S. 1452. A bill to establish procedures to H.R. 653. An act to designate the United the Committee on Environment and Public provide for a taxpayer protection lock-box States courthouse under construction in Works. and related downward adjustment of discre- White Plains, New York, as the Thurgood H.R. 965. An act to designate the Federal tionary spending limits and to provide for Marshall United States Courthouse.’’ building located at 600 Martin Luther King, additional deficit reduction with funds re- H.R. 826. An act to extend the deadline for Jr. Place in Louisville, Kentucky, as the sulting from the stimulative effect of reve- the completion of certain land exchanges in- ‘‘Romano L. Mazzoli Federal Building’’; to nue reductions; read the first time. volving the Big Thicket National Preserve in the Committee on Environment and Public f Texas, and for other purposes. Works. H.R. 840. An act to designate the Federal H.R. 1804. An act to designate the United SUBMISSION OF CONCURRENT AND building and United States courthouse lo- States Post Office-Courthouse located at SENATE RESOLUTIONS cated at 215 South Evans Street in Green- South 6th and Rogers Avenue, Fort Smith, ville, North Carolina, as the ‘‘Walter B. Arkansas, as the ‘‘Judge Isaac C. Parker The following concurrent resolutions Jones Building and United States Court- Federal Building’’; to the Committee on En- and Senate resolutions were read, and house.’’ vironment and Public Works. referred (or acted upon), as indicated: S 18100 CONGRESSIONAL RECORD — SENATE December 6, 1995 By Mr. BYRD: for other purposes; to the Committee I ask unanimous consent that a copy S. Con. Res. 34. A concurrent resolution to on Energy and Natural Resources. of Susan Morley’s letter be printed in authorize the printing of ‘‘Vice Presidents of NATIONAL PARKS LEGISLATION the RECORD. the United States, 1789–1993’’; to the Com- There being no objection, the letter mittee on Rules and Administration. Mr. MCCAIN. Mr. President, today, I am pleased to join Senator KYL in in- was ordered to be printed in the f troducing legislation to ensure that RECORD, as follows: STATEMENTS ON INTRODUCED Grand Canyon National Park and other To: President Clinton, Members of Congress, BILLS AND JOINT RESOLUTIONS national park units remain open during Governor Symington, House Speaker Federal budget impasses which result Mark Killian, The Media By Mr. BREAUX: In 1992, my husband died of cancer at age S. 1450. A bill to provide that certain in Government closures. The bill would authorize the Sec- 41, his dying request was for his ashes to be gaming contracts shall remain in ef- distributed at Ribbon Falls in the Grand retary of the Interior to enter into fect, notwithstanding filing for bank- Canyon. This was done shortly after his agreements allowing State and local ruptcy, and for other purposes; to the death. governments to operate essential park For the past three years, his brothers and Committee on the Judiciary. facilities when Federal personnel are sisters and I and my children have planned a THE GAMING CONTRACTS COMPLIANCE ACT furloughed. memorial hike so that we could all visit this ∑ Mr. BREAUX. Mr. President, today I As my colleagues are aware, during special site. Family members from Connecti- am introducing legislation that is in- the recent budget crisis, the Clinton cut, New Jersey and California and friends tended to protect State and local gov- administration decided to shut visitors from Washington, D.C. and Arizona came to ernments from the financial crises join us in what was to be an important part out of the Grand Canyon and other na- of our emotional healing. caused when a casino declares bank- tional parks. This decision hurt count- Instead, Congress and the President have ruptcy and shuts down. I believe that less tourists, many of whom traveled turned this into an emotional nightmare. gaming corporations should not be al- great distances at enormous expense to My 13 year old has been crying because she lowed to use Federal bankruptcy laws experience the canyon. And it harmed was looking forward to visiting Ribbon Falls as leverage to gain more concessions local businesses that depend upon tour- with family and friends. How do I explain to from the city and State in which they ism. her what is happening in Washington? are operating. Family members paid hundreds of dollars I continue to believe that the deci- for plane tickets, car rentals and hiking On November 22, 1995, Harrah’s casino sion to close the Grand Canyon was un- gear. People have arranged time off from in New Orleans declared bankruptcy necessary. I was interested to note that work. For some, this is their only vacation and shut its doors—laying off 2,500 the administration did not restrict vis- this year. One teacher had to get special per- workers and leaving city and State of- itation to national forests or BLM mission from the school superintendent to be ficials facing multimillion-dollar budg- lands, nor to the Mall in Washington— here. et shortfalls. As a result, the city may an area administered by the Park Serv- We have looked forward to being together have to lay off as many as 1,000 city as family and friends to celebrate Michael’s ice. Such restrictions, of course, would life in a place he loved, at the bottom of the workers and substantially curtail city have been unnecessary, just as shut- Grand Canyon. services. It is also estimated that the ting visitors out of the Grand Canyon, Instead, we are stranded at the top because Louisiana Legislature faces a deficit of while politically expedient, was unnec- the President and our elected representa- between $88.5 and $97.5 million this fis- essary. tives in Congress didn’t do their jobs. cal year if Harrah’s remains closed. Nevertheless, I appreciate the will- The Grand Canyon didn’t have to close. The Gaming Contracts Compliance ingness of the administration to exam- American workers didn’t have to be fur- loughed. Act would protect the city of New Orle- ine methods of ensuring that such park Political agendas have brought us to this. ans and the State of Louisiana, and closure need not occur in the future. It’s time to stop ‘‘playing politics’’ and other cities and State governments in Enacting legislation empowering start running the country. the future, by prohibiting gambling es- States to operate park units during SUSAN MORLEY, tablishments from getting out of their temporary Federal furloughs, would Flagstaff, Arizona. original contracts with city, county help us to achieve that end. Mr. KYL. Mr. President, I rise today (parish), and State governments by de- Mr. President, my fervent hope is to talk about a piece of legislation in- claring bankruptcy. These corporations that in the future we can avoid Govern- troduced by Senator MCCAIN and my- would be obligated to fulfill the origi- ment shutdowns which penalize not self. This bill is significant, not only nal contracts even as they undergo the only national park visitors but many for Arizona, but for every State. It reorganization afforded them by bank- others seeking Government services. would authorize a cooperative arrange- ruptcy protection. Casinos in bank- However, I trust that my colleagues ment between the Secretary of the In- ruptcy would be allowed to renegotiate and the administration will agree, we terior and a State under which State their contracts only if government offi- have an obligation to mitigate the im- employees would be able to maintain cials agree. pact on innocent people if and when continued operation of national parks This legislation would prevent casi- such crises do occur. In the case of na- in the State during any period in which nos like Harrah’s from closing down to tional parks, the State of Arizona and the National Park Service is unable to. force a better deal from State and local other States as well, are willing to The bill is intended to mitigate the ef- governments—all at the expense of offer their manpower and expertise to fects of a Government shutdown, or local taxpayers and casino workers. avoid the closure of these areas which any other situation which could pre- State and local officials cannot be left are so essential to State and local vent the national parks from continu- holding an open bag of broken promises economies. There is no reason the Fed- ing normal operations. given by international gaming oper- eral Government should not take them The recent Government shutdown af- ations simply because gambling reve- up on that offer, even as we work to fected all of us in various ways. As nue estimates are off the mark. The make sure that no vital Federal oper- many of you may have heard on CNN, welfare of our cities and its citizens ation is cut off because of the failings the administration chose to close the must come first.∑ of politicians in Washington, DC. Grand Canyon National Park in Ari- Mr. President, often, our constitu- zona. This was the first time this has By Mr. MCCAIN (for himself and ents are far better than we at express- happened since the park opened 76 Mr. KYL): ing the real-life impact of Government years ago. The closure had very signifi- S. 1451. A bill to authorize an agree- decisions. During the park shutdown I cant and widespread effects, not just ment between the Secretary of the In- received an open letter from Susan for Arizona businesses but for visitors terior and a State providing for the Morely, a constituent of mine from who had come a great distance—some continued operation by State employ- Flagstaff, AZ who relayed a very sad as far as New Zealand—to see this ees of national parks in the State dur- and distressing story about the impact crown jewel of our National Park Sys- ing any period in which the National of the closure on her family. She tem. Park Service is unable to maintain the makes the case in favor of this legisla- Governor Symington of Arizona normal level of park operations, and tion better than anyone else. made an offer to assist the National December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18101 Park Service in keeping the park open. ‘‘I want a budget that includes all of eliminate this wasteful abuse of the On behalf of the State, he offered to that,’’ says the President—‘‘the spend- taxpayers’ hard-earned dollars. For ex- supply the temporary funds and make ing cuts, tax relief, welfare reform, ample, during debate on the energy and State personnel available to keep the while it balances in 7 years using hon- water appropriations bill, I offered an park functioning and open to visitors. est numbers. I just do not want your amendment that would have elimi- The Department of the Interior refused budget.’’ nated $40 million from the Appalachian his offer, citing a number of legal im- And somehow the President manages Regional Commission. I did not believe pediments to the State’s plan. The pur- to say it with a straight face, even Minnesota taxpayers should be subsi- pose of the legislation that Senator though he has bogged down the budget dizing so-called economic assistance to MCCAIN and I are introducing today is negotiations by refusing to offer a com- the 13 States, located mostly in the to overcome these impediments and prehensive, 7-year plan of his own. Southeast, which make up the ARC. provide for the legal authorization for Mr. President, despite all the rhet- But due to the program’s strong sup- the Department and an interested oric and all the campaign promises, port by Senators whose States benefit State to enter into an intergovern- this administration has no real inter- from ARC, this amendment was re- mental agreement that would allow a est in eliminating the Federal deficit jected by the Senate. State to temporarily assume oper- and changing the status quo in Wash- What is worse about our appropria- ations of a national park. ington—they would have to curtail tions system is that even if amend- I hope that others will join Senator their spending to do it. Today’s veto ments like mine had passed, these MCCAIN and myself in sponsoring this clearly demonstrates the President is funds are not returned to the Treasury legislation. not ready to cut spending. And that or the taxpayers. Instead, they are has been the pattern in Washington for By Mr. GRAMS (for himself, Mr. placed into a slush fund which can be a very long time—once the Govern- MCCAIN, and Mr. COATS): spent on other programs. ment has gotten its hands on the tax- S. 1452. A bill to establish procedures In other words, even when we are suc- payers’ dollars and squirreled them to provide for a taxpayer protection cessful in passing amendments to cut away into the Federal Treasury, Con- lock-box and related downward adjust- appropriations spending in these areas, gress, and the President will spend ment of discretionary spending limits these funds are not used for deficit re- them. and to provide for additional deficit re- duction; they are used for additional duction with funds resulting from the My legislation, the Taxpayer Protec- tion Lockbox Act, will help ensure that spending in other areas. As I said be- stimulative effect of revenue reduc- fore, only in a place like Washington tions; read the first time. when pork-barrel spending is trimmed from the budget, it is the taxpayers— dominated by Hill-Speak is a cut not THE TAXPAYER PROTECTION LOCKBOX ACT not the big spenders on Capitol Hill— necessarily a cut—and the result is a $5 Mr. GRAMS. Mr. President, I rise trillion debt for our children and today to introduce the Taxpayer Pro- who will benefit. For years, Members of Congress have grandchildren. tection Lockbox Act. I am pleased to bragged to their constituents about In an effort to end this abuse of tax- be joined by my good friend and col- trying to cut the fat out of the Federal payer dollars and to return honesty to league from Arizona, Senator MCCAIN. the budget process, the Taxpayer Pro- Mr. President, in light of what is budget. Yet as time has passed, Federal tection Lockbox Act changes the rules happening today at the White House— spending has gone up, our annual budg- of the budget process to ensure that with President Clinton carrying out his et deficits have gone up, and the debt any funds cut in appropriations bills be threat to veto our plan to balance the we’re leaving our children and grand- dedicated back to the Treasury for the Federal budget—this legislation could children has gone all the way up to $5 purposes of deficit reduction. By re- not be introduced at a more appro- trillion. placing the current Congressional slush priate time. How can this be? If all of these The American people ought to be dis- claims of cutting the budget are right, fund with a taxpayers’ lockbox, my leg- gusted that the President would turn should spending not go down, not up? islation guarantees that when Congress his back on their wishes and veto the Well, if you are speaking in plain cuts funding for wasteful programs, Balanced Budget Act of 1995. English, it should—a cut means you those dollars are returned to their After all, the people have called re- spend less money this year than you rightful owners—the taxpayers. peatedly on the Federal Government to did last year. But in the language of In addition, my legislation creates a get its spending under control. The Congress—‘‘Hill-Speak’’ as some call new revenue lockbox, which is geared President says he wants to eliminate it—a cut is not necessarily a cut. toward our 7-year balanced budget the wasteful spending, too. Our plan For example, under our plan to bal- plan. delivers, and yet, our bill is being ve- ance the budget, Medicare spending As we all know, when Congress con- toed. will grow from $181 billion this year to siders a long-term budget, we take into The people want relief from a Federal $277 billion in the year 2002—a 53-per- account economic projections which tax burden that’s consuming 26 percent cent increase over the next 7 years. But estimate the amount of tax revenue of their family’s monthly income. The because Medicare will not grow at the that will come into the Treasury over President says he wants to provide tax uncontrolled rates of the past, those the next 7 years. We then use these rev- relief too, and even says he supports who use Hill-Speak call this increase a enue estimates to determine the extent the child tax credit. Our plan delivers, ‘‘cut.’’ to which Federal spending can grow It does not make much sense, does it? and yet, our bill is being vetoed. without resulting in a budget deficit in The people have asked us to reform a And yet there is more. the year 2002. welfare system that sucks up tax dol- Every year, Congress is required to lars yet offers few incentives for wel- pass the 13 appropriations bills which While these estimates by the Con- fare recipients to move from depend- fund the Federal Government—every- gressional Budget Office are generally ency to independence. The President thing from the National Highway Sys- on the mark, they are, of course, sim- says he wants welfare reform, too, in tem and NASA to foreign aid and the ply estimates. It is likely that even fact, he made it a major part of his Postal Service. While many of these more dollars will come into the Treas- Presidential campaign. Our plan deliv- programs are important and worth- ury as a result of our balanced budget ers, and yet, our bill is being vetoed. while, too many tax dollars are still plan, given the fact that we include tax Most important, the people are call- being used for wasteful pork-barrel relief designed to stimulate economic ing on us to balance the Federal budget projects, which either benefit certain growth, create new jobs and turn tax by the year 2002. The President says he regions of the country at the expense users into productive taxpayers. wants a balanced budget, too, and of others, have not been previously au- These additional dollars, however, agrees that we can get there in 7 years. thorized by law, or are simply not should not be used to feed Congress’ ap- Our plan delivers, and yet again, the worth the tax dollars spent on them. petite for spending; instead, any addi- President is stopping it in its tracks As a member of the Senate pork tional revenue that results from our with today’s veto. busters coalition, I have worked to growth plan should be returned to the S 18102 CONGRESSIONAL RECORD — SENATE December 6, 1995 taxpayers in the form of additional tax [Mr. MCCONNELL] was added as a co- [Mrs. BOXER] was added as a cosponsor relief. After all, these funds were made sponsor of S. 896, a bill to amend title of S. 1228, a bill to impose sanctions on available because of the hard work and XIX of the Social Security Act to make foreign persons exporting petroleum productivity of the American people; it certain technical corrections relating products, natural gas, or related tech- makes sense to give those dollars back to physicians’ services, and for other nology to Iran. to the taxpayers and encourage even purposes. S. 1360 greater productivity, rather than hand- S. 953 At the request of Mr. BENNETT, the ing them to Washington for more pork- At the request of Mr. CHAFEE, the names of the Senator from Florida [Mr. barrel spending. name of the Senator from Hawaii [Mr. MACK] and the Senator from Rhode Is- Even now, we can see the very prob- AKAKA] was added as a cosponsor of S. land [Mr. PELL] were added as cospon- lem my legislation is designed to ad- 953, a bill to require the Secretary of sors of S. 1360, a bill to ensure personal dress. As part of the budget negotia- the Treasury to mint coins in com- privacy with respect to medical records tions, President Clinton has already memoration of black revolutionary war and health care-related information, tried to seize more of the dollars we are patriots. and for other purposes. returning to the taxpayers in the form S. 969 S. 1364 of tax cuts, to use them for—you At the request of Mr. BRADLEY, the At the request of Mr. KEMPTHORNE, guessed it—more spending. name of the Senator from Michigan the names of the Senator from South The bottom line estimates are, the [Mr. LEVIN] was added as a cosponsor of Dakota [Mr. PRESSLER] and the Sen- President wants to spend $400 billion S. 969, a bill to require that health ator from Wyoming [Mr. SIMPSON] were more than our Budget Act of 1995 plans provide coverage for a minimum added as cosponsors of S. 1364, a bill to called for—$400 billion more of your hospital stay for a mother and child reauthorize and amend the Endangered money. following the birth of the child, and for Species Act of 1973, and for other pur- Well, the taxpayers cannot afford for other purposes. poses. us to let him do that today, nor can S. 1028 S. 1365 they afford it in the future. We must At the request of Mrs. KASSEBAUM, At the request of Mr. KEMPTHORNE, ensure that tax dollars are returned to the name of the Senator from South the names of the Senator from South their rightful owners: the taxpayers, Dakota [Mr. PRESSLER] was added as a Dakota [Mr. PRESSLER] and the Sen- not the Government. cosponsor of S. 1028, a bill to provide ator from Wyoming [Mr. SIMPSON] were And that is just what my revenue increased access to health care bene- added as cosponsors of S. 1365, a bill to lockbox does—it requires that any rev- fits, to provide increased portability of provide Federal tax incentives to own- enues above and beyond current esti- health care benefits, to provide in- ers of environmentally sensitive lands mates be used for tax cuts and/or addi- creased security of health care bene- to enter into conservation easements for the protection of endangered spe- tional deficit reduction. It ensures tax- fits, to increase the purchasing power cies habitat, and for other purposes. payers that their hard-earned dollars of individuals and small employers, will no longer be automatically spent and for other purposes. S. 1366 by the Government. It ends the S. 1043 At the request of Mr. KEMPTHORNE, the names of the Senator from South misperception that tax dollars belong At the request of Mr. STEVENS, the Dakota [Mr. PRESSLER] and the Sen- to the Government, rather than the name of the Senator from Nevada [Mr. ator from Wyoming [Mr. SIMPSON] were taxpayers. REID] was added as a cosponsor of S. added as cosponsors of S. 1366, a bill to Most importantly, it restores hon- 1043, a bill to amend the Earthquake Hazards Reduction Act of 1977 to pro- amend the Internal Revenue Code of esty to the budget process and ensures 1986 to allow a deduction from the that a spending cut is truly a spending vide for an expanded Federal program of hazard mitigation, relief, and insur- gross estate of a decedent in an amount cut, even in Washington. equal to the value of real property sub- Mr. President, the Taxpayer Protec- ance against the risk of catastrophic natural disasters, such as hurricanes, ject to an endangered species conserva- tion Lockbox Act earns its name by tion agreement. locking in real deficit reduction, while earthquakes, and volcanic eruptions, AMENDMENT NO. 3083 protecting the American taxpayers and for other purposes. At the request of Ms. MOSELEY- when Congress just cannot seem to say S. 1146 At the request of Mr. LEAHY, the BRAUN her name was added as a co- ‘‘no’’ on its own. I urge my colleagues sponsor of amendment No. 3083 pro- to join me in standing up for the tax- name of the Senator from Virginia [Mr. ROBB] was added as a cosponsor of S. posed to H.R. 1833, a bill to amend title payers by supporting this timely legis- 18, United States Code, to ban partial- lation. 1146, a bill to amend the Internal Reve- nue Code of 1986 to clarify the excise birth abortions. f tax treatment of draft cider. At the request of Mrs. BOXER the names of the Senator from Colorado ADDITIONAL COSPONSORS S. 1198 [Mr. BROWN], the Senator from Penn- At the request of Mr. COATS, the S. 413 sylvania [Mr. SPECTER], the Senator names of the Senator from Missouri At the request of Mr. DASCHLE, the from Washington [Mrs. MURRAY], the [Mr. ASHCROFT] and the Senator from names of the Senator from New Mexico Senator from New Jersey [Mr. LAUTEN- South Dakota [Mr. PRESSLER] were [Mr. BINGAMAN], the Senator from New BERG], and the Senator from Maine added as cosponsors of S. 1198, a bill to York [Mr. MOYNIHAN], and the Senator [Ms. SNOWE] were added as cosponsors amend the Federal Credit Reform Act from New Jersey [Mr. BRADLEY] were of amendment No. 3083 proposed to to improve the budget accuracy of ac- added as cosponsors of S. 413, a bill to H.R. 1833, supra. counting for Federal costs associated amend the Fair Labor Standards Act of with student loans, to phase out the f 1938 to increase the minimum wage Federal Direct Student Loan Program, SENATE CONCURRENT RESOLU- rate under such act, and for other pur- to make improvements in the Federal TION 34—TO AUTHORIZE THE poses. Family Education Loan Program, and PRINTING OF ‘‘VICE PRESIDENTS S. 490 for other purposes. OF THE UNITED STATES, 1789– At the request of Mr. GRASSLEY, the S. 1219 1993’’ name of the Senator from Wyoming At the request of Mr. MCCAIN, the Mr. BYRD submitted the following [Mr. THOMAS] was added as a cosponsor name of the Senator from Kansas [Mrs. of S. 490, a bill to amend the Clean Air concurrent resolution; which was re- KASSEBAUM] was added as a cosponsor ferred to the Committee on Rules and Act to exempt agriculture-related fa- of S. 1219, a bill to reform the financing Administration: cilities from certain permitting re- of Federal elections, and for other pur- quirements, and for other purposes. S. CON. RES. 34 poses. Whereas the United States Constitution S. 896 S. 1228 provides that the Vice President of the Unit- At the request of Mr. CHAFEE, the At the request of Mr. D’AMATO, the ed States shall serve as President of the Sen- name of the Senator from Kentucky name of the Senator from California ate; and December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18103 Whereas the careers of the 44 Americans THE FEDERAL REPORTS ELIMI- and Repatriation Act, P.L. 101–601. The who held that post during the years 1789 NATION AND SUNSET ACT OF hearing will take place at 9:30 a.m. in through 1993 richly illustrate the develop- 1995 room 485 of the Russell Senate Office ment of the nation and its government; and Building. Whereas the vice presidency, traditionally the least understood and most often ignored The PRESIDING OFFICER. Without constitutional office in the Federal Govern- McCAIN (AND LEVIN) AMENDMENT objection, it is so ordered. ment, deserves wider attention: Now, there- NO. 3086 COMMITTEE ON LABOR AND HUMAN RESOURCES fore, be it Mr. DOLE (for Mr. MCCAIN, for him- Mr. GRAMS. Mr. President, I ask Resolved by the Senate (the House of Rep- self and Mr. LEVIN) proposed an amend- unanimous consent that the Commit- resentatives concurring), ment to the bill (S. 790) to provide for tee on Labor and Human Resources be SECTION 1. PRINTING OF THE ‘‘VICE PRESIDENTS authorized to meet for a joint hearing OF THE UNITED STATES, 1789–1993’’. the modification or elimination of Fed- (a) IN GENERAL.—There shall be printed as eral reporting requirements; as follows: with the Committee on Small Business a Senate document the book entitled ‘‘Vice Section 1041(b) of the House amendment is on Small Business and OSHA Reform Presidents of the United States, 1789–1993’’, amended by (1) striking paragraph (1), and (2) (S. 1423), during the session of the Sen- prepared by the Senate Historical Office redesignating paragraphs (2) and (3) as para- ate on Wednesday, December 6, 1995, at under the supervision of the Secretary of the graphs (1) and (2), respectively. 9:30 a.m. Senate. Section 1102(b)(1)(B) of the House amend- The PRESIDING OFFICER. Without (b) SPECIFICATIONS.—The Senate document ment is amended in the quoted matter by (1) objection, it is so ordered. described in subsection (a) shall include il- striking ‘‘reports’’ and inserting ‘‘report’’, lustrations and shall be in the style, form, and (2) striking ‘‘and section 8152 of title 5, COMMITTEE ON SMALL BUSINESS manner, and binding as directed by the Joint United States Code,’’. Mr. GRAMS. Mr. President, I ask Committee on Printing after consultation Section 1121 of the House amendment is unanimous consent that the Commit- with the Secretary of the Senate. amended by striking the matter after sub- tee on Small Business be authorized to (c) NUMBER OF COPIES.—In addition to the section (k) and before subsection (l). meet during the session of the Senate usual number of copies, there shall be print- Section 2021 of the House amendment is for joint hearing with the Committee amended in the heading for the section by ed with suitable binding the lesser of— on Labor and Human Resources on (1) 1,000 copies (750 paper bound and 250 striking ‘‘ELIMINATED’’ and inserting case bound) for the use of the Senate, to be ‘‘MODIFIED’’. Wednesday, December 6, 1995, at 9:30 a.m., in room 106 of the Dirksen Senate allocated as determined by the Secretary of f the Senate; and Office Building, to conduct a hearing (2) a number of copies that does not have a AUTHORITY FOR COMMITTEES TO focusing on OSHA Reform. total production and printing cost of more MEET The PRESIDING OFFICER. Without than $11,000. objection, it is so ordered. COMMITTEE ON ARMED SERVICES f Mr. GRAMS. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE Mr. GRAMS. Mr. President, I ask AMENDMENTS SUBMITTED unanimous consent that the Commit- tee on Armed Services be authorized to unanimous consent that the Select meet at 10:15 a.m. on Wednesday, De- Committee on Intelligence be author- cember 6, 1995, in open session, to re- ized to meet during the session of the THE PARTIAL-BIRTH ABORTION Senate on Wednesday, December 6, 1995 BAN ACT OF 1995 ceive testimony on the Bosnian peace agreement, the North Atlantic Council at 2 p.m. to hold a closed hearing re- military plan, and the proposed mis- garding intelligence matters. The PRESIDING OFFICER. Without BROWN AMENDMENT NO. 3084 sion for United States military forces deployed with the implementation objection, it is so ordered. (Ordered to lie on the table.) force [IFOR]. f Mr. BROWN submitted an amend- The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS ment intended to be proposed by him objection, it is so ordered. to the bill (H.R. 1833) to amend title 18, United States Code, to ban partial- COMMITTEE ON ENERGY AND NATURAL RESOURCES birth abortions: THE GROWING STRENGTH OF Mr. GRAMS. Mr. President, I ask DEMOCRACY IN TAIWAN On page 2, strike lines 6 through 9, and in- unanimous consent that the Commit- sert the following: ∑ Mr. MURKOWSKI. Mr. President, tee on Energy and Natural Resources ‘‘(a) Any attending physician who, in or af- last Saturday we saw once again proof be granted permission to meet during fecting interstate or foreign commerce, that democracy is alive and well in the session of the Senate on Wednes- knowingly performs a partial-birth abortion Taiwan. In free and fair parliamentary and thereby kills a human fetus shall be day, December 6, 1995, for purposes of elections contested by three leading fined under this title or imprisoned not more conducting a Full Committee business parties, and with several independent than two years, or both. meeting which is scheduled to begin at candidates, with some 67 percent par- On page 2, line 10 strike ‘‘As’’ and insert 9:30 a.m. The purpose of this meeting is ticipation, and with no unrest or con- ‘‘(1) As’’. to consider pending calendar business, On page 2, between lines 13 and 14, insert testing of the results, the people of see attached list. the following: Taiwan chose their own legislative rep- The PRESIDING OFFICER. Without ‘‘(2) As used in this section, the term ‘at- resentatives. By that act, those people objection, it is so ordered. tending physician’ means, with respect to an once again proved that Taiwan is be- individual, the physician whom the individ- COMMITTEE ON GOVERNMENTAL AFFAIRS coming a mature, democratic state ual identifies as having the most significant Mr. GRAMS. Mr. President, I ask worthy of our admiration. role in the performance of a partial birth unanimous consent on behalf of the abortion on the individual. Let me review here the results of the ‘‘(3) As used in this section, the term ‘phy- Governmental Affairs Committee to election. The Kuominatang [KMT] or sician’ means a doctor of medicine or osteop- meet on Wednesday, December 6, at National Party, which has been ruling athy legally authorized to practice medicine 9:30 a.m. for a hearing on S. 356, the Taiwan for many years, won a narrow and surgery by the State in which the doctor Language of Government Act of 1995. majority of seats, 85 out of a total of performs such activity.’’. The PRESIDING OFFICER. Without 164, and saw their numbers reduced objection, it is so ordered. from 90. The Democratic Progressive BROWN AMENDMENT NO. 3085 COMMITTEE ON INDIAN AFFAIRS Party [DPP], which has been the major Mr. BROWN proposed an amendment Mr. GRAMS. Mr. President, I ask opposition group for several years, and to the bill, H.R. 1833, supra; as follows: unanimous consent that the Commit- which advocates moving toward inde- tee on Indian Affairs be authorized to pendence, increased its seats from 50 to On page 2, line 14, strike ‘‘(c)(1) The fa- ther,’’ and insert the following: ‘‘(c)(1) The meet during the session of the Senate 54 seats. The New Party [NP], which father, if married to the mother at the time on Wednesday, December 6, 1995, to advocates a policy of reunification she receives a partial-birth abortion proce- conduct an oversight hearing on the with China, was probably the biggest dure,’’. Native American Graves Protection winner in the polls, increasing its seats S 18104 CONGRESSIONAL RECORD — SENATE December 6, 1995 from 7 to 21. Finally, a total of four ple are behind them as they deal with A little-known revolution has taken place independents won seats in the new leg- Taiwan’s future and, most important, in my lifetime. When I started practicing islature. as they determine their relationship medicine, only a fraction of the drugs that As is usual following any election, with the People’s Republic of China. we now take for granted existed. Over the the media pundits are busy analyzing years, I have witnessed great suffering en- Then, and presuming that soon the dured by patients and their families that, the results and the trends they may or power struggle in the PRC will be over, just a few years later, could have been eased may not indicate. Some papers are say- it is my hope that both sides will re- because of the advent of the latest ‘‘miracle ing that the reduction in the KMT’s turn to a period of reduced tensions drug.’’ These breakthrough treatments have seats and the increase by the NP were and renewed contacts, both economic brought hope and, in many cases, renewed the result, in part, of China’s attempts and political. health to thousands of patients. They are the to intimidate the Taiwanese over the In the meantime, it is important for product of an increasingly important con- last few months by testing missiles us to take note of positive steps like cept: the sanctity of intellectual property. near Taiwan’s shores and making belli- The right to claim ideas as property allows the Taiwan parliamentary elections innovators to invest their time and money cose threats against any attempt to which advance the democratization of bringing those ideas to fruition. It is the move toward independence. Given what the world. The people of Taiwan de- basis if our patent system that allowed I know about the Taiwanese people, serve not only our congratulations but American ingenuity to prosper throughout who can be very defiant when chal- also our support as they and their rep- the Industrial Age. Today, we are at the lenged, I wonder if this is an accurate resentatives map out their destiny in dawn of an Information Age and now, more analysis. And I certainly hope that the what we hope will be, in the future, a than ever, the rights of intellectual property holders must be protected. Chinese Government doesn’t believe less volatile and a more peaceful re- that its tactics of intimidation are Consider the enormous investment in time, gion.∑ money, and brain power required to bring a going to work. f single new medicine to patients: 12 years and But no matter what the reason for more than $350 million is the average invest- the result, I think the important point THE BUDGET AND PUERTO RICO’S ment. Only 20% of new compounds tested in that should be emphasized, as Keith NEEDS a laboratory ever find their way onto phar- Richburg did in the Washington Post, ∑ Mr. BREAUX. Mr. President, as the macy shelves. Only a third of those ever is that, ‘‘Perhaps most remarkable President constructs a 7-year balanced earns a return on the colossal investment about the elections was that they took made to discover it. budget plan to present to the Congress, Though risky and expensive, this process place at all. Just 8 years ago, Taiwan I would like to reiterate my view that was still under martial law. But in 1988 works. The U.S. is the world leader in the de- Puerto Rico’s needs should not be ig- velopment of innovative new medicines. Pro- President Lee Teng-Hui launched his nored. The program developed by Gov- ceeds from the sales of these medicines sup- quiet revolution to shift Taiwan to- ernor Rosello to apply wage credit in- port the work and research invested in new ward multiparty democracy. Taiwan centives to economically developed successful drugs, as well as the thousands of has emerged as one of Asia’s liveliest areas should be considered by the drugs that never make it out of the lab. democracies and the world’s freest and Patent protection makes that investment President as he fashions his plan. This most democratic Chinese society.’’ in research worthwhile—and possible. Re- I’m sure that every analyst will would provide an excellent replace- cently, patent protection around the world agree with that statement. ment to the termination of section 936. was strengthened and harmonized by the So where are we now, Mr. President? If no new economic development in- GATT, which required changes that equal- In my view, as a result of the election, centive can be agreed upon this year, ized intellectual property protection in all Congress can still communicate its in- participating countries. These changes are the KMT will have to take the steps important to encourage the risky, expensive that any Democratic Party would have tentions to the people of Puerto Rico by pledging to consider a new job cre- research necessary to provide new medicines to take to ensure passage of its pro- to fulfill unmet medical needs. gram. There will likely be increased ation program at the earliest possible Now, some generic drug companies are maneuvering on votes among the par- time. As a step toward this commit- challenging the GATT’s advance in intellec- ties as alliances are formed, issue-by- ment, Congress should establish a new tual property protection. They are urging issue, among the three parties. In section of the code for economic devel- Congress to amend the 1948 Hatch-Waxman short, the legislature will have to take opment, and include as an interim Act to give them an advantage under the GATT that no other industry enjoys. into account the will of the people and measure the 10-year wage credit phase- out passed by the Congress. This tech- A key provision of the Hatch-Waxman Act their elected representatives—a situa- gives generic drug companies a jump start on tion which may cause some inefficien- nical change, which costs the Federal marketing by allowing them to use a pat- cies in the short term, but which will Treasury nothing, would demonstrate ented product for development and testing only strengthen Taiwan in the long to the American citizens of Puerto before the patent expires. This special ex- term as democracy takes firmer hold Rico that Congress remains committed emption from patent law is not allowed for in that society. to its economic development and job any other industry. For example, a tele- Mr. President, as you know, the next creation.∑ vision manufacturer who wants to market or use its own version of a patented component and equally important step in making f must wait until the patent expires; other- Taiwan a fully democratized state is a wise, it risks liability for patent infringe- free and fair, multicandidate presi- PATENT PROTECTION UNDER THE GATT ment. dential election. That will take place In return for these special benefits, the next march, and it, like the legislative ∑ Mr. FAIRCLOTH. Mr. President, I Hatch-Waxman Act requires generic drug campaign, promises to be very lively. ask unanimous consent to have printed companies to wait until the expiration of the While President Lee Teng-Hui of the in the CONGRESSIONAL RECORD a letter research companies’ patents before they can KMT party is favored to win the elec- from former Surgeon General Dr. C. begin marketing their drugs. Now, the ge- tion at the moment, I’m sure that he Everett Koop. neric drug industry is asking Congress to and the other candidates will be cam- The letter follows: give it a special exemption from that restric- tion as well. paigning very hard over the next NOVEMBER 30, 1995. In my opinion, that would be unwise. month to seek the people’s mandate. Mr. MORTON KONDRACKE, Treatment discovery has already slowed; we And that too is a very important mat- Executive Editor, Roll Call, Washington, DC. should reverse that process, not ensure it. ter to keep in mind. In your special supplement on the FDA While the generic drug industry continues No matter who wins the presidential (October 9, 1995), an article appeared con- to prosper as a result of the benefits received election, the Taiwanese people will be cerning patent protection under the General in the 1984 Act, medical research has contin- able to say, next March, that their Agreement on Tariffs and Trade (GATT). I ued to become more complex, more costly, freely elected President and their free- am of the firm belief that any action on the and more time consuming, further limiting part of the U.S. Senate to weaken the hard- ly elected legislature will, for the very the effective market life for patented prod- fought patent protections of the GATT ucts. first time, have a full and complete would imperil the future of intellectual prop- Generic drugs play an important role in mandate. erty rights and undermine the research ac- helping lower the cost of medicines. But it is That in turn will allow the elected tivities of pioneering pharmaceutical compa- the pharmaceutical research industry that leaders to feel confident that the peo- nies. discovers and develops those medicines in December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18105 the first place, investing billions of dollars have an open Senate seat for the first In many respects, Mr. President, the in research and development that can span time since 1978. Candidates considering citizens of Maryville are not unlike the decades without any guarantee of success— this race already are being told that millions of other Americans who have an investment made possible by our system made our Nation special—unsung he- of patent protection. Preserve protection and the campaign will cost $2 million or you preserve the opportunity for the discov- more. In comparison to other, larger roes who may never realize their own ery of future cures and treatments for dis- States that may seem like a bargain, dreams, but are content nevertheless ease. Undercut that protection, and you un- but the estimates alone impose a high to reinvest those dreams in their chil- dercut America’s hope for new and better an- price on our political process. dren. swers to our health care needs. The simple reality is that many good This year, Mr. President, as the city Sincerely yours, potential candidates, regardless of of Maryville proudly celebrates its bi- C. EVERETT KOOP, M.D.∑ party affiliation, take themselves out centennial year, I wish to pay tribute f of the running rather than face the to those dreams and to that spirit, PRIVATE SECURITIES LITIGATION grueling task of raising such huge which not only characterize REFORM sums of money. In effect, money has Maryville’s past, but distinguish its become the first primary election. citizens up to the present day. ∑ Mr. ROTH. Mr. President, complica- Maryville’s early settlers had cour- tions in my schedule prevented me Some may applaud that development as a way to screen out candidates who age and common sense. They met the from casting a vote last night on the crises of their times and lived to see a conference report to H.R. 1058, the Pri- lack commitment or the ability to raise funds. I believe it too often mere- stronger, better, and more prosperous vate Securities Litigation Reform Act community. With the strength of heart of 1995. The report passed by a margin ly screens out candidates who are un- willing to raise and spend large sums of and mind, they built railways and lum- of 65 to 30. ber mills, established churches and I rise today to indicate my full sup- money in order to be elected to public office. Money should not be an unwrit- schools—always with an eye toward port for the conference report. This is richer community and a better life. important legislation, because it pro- ten qualification for the Senate, but in fact it is an increasingly critical fac- Today, Maryville continues to grow vides much-needed reform to the cur- and thrive with new residents and new rent rules governing private securities tor. The legislation offered by Senator industry. Its schools are among the litigation, which have led to far too best in the land, and in many areas of many abusive and costly strike law- MCCAIN and Senator FEINGOLD does not cure this problem in a perfect and per- city government, it is on the cutting suits. Those suits hurt businesses by edge, developing, and implementing hampering the formation of capital and manent way. The voluntary spending limits set in the bill are just that—vol- programs to provide its citizens with a by impairing the orderly working of safe, modern, and beautiful place to America’s capital markets. This, in untary—and can be ignored by can- didates who want to spend freely. The live and visit. turn, hurts all Americans because it Bernard Baruch once said America incentives for voluntary compliance— places a dangerous drag on the ability has never forgotten the nobler things free broadcast time, reduced broadcast of American businesses to create jobs that brought her into being and that rates, and reduced mail cost—may be and prosperity. Yet in its scope and ef- light her path. Those nobler things, fect, the report is appropriately tai- viewed as insufficient and ineffective. Mr. President, live on and prosper in However, Mr. President, I believe this lored. It addresses the harms caused by Maryville, TN. Our challenge in gov- bill offers a workable and realistic frivolous litigation without com- ernment, as Ronald Reagan once said, framework for changes in the way we promising the ability of plaintiffs who is to be worthy of them, and to ensure finance our campaigns. I know the pri- have meritorious claims to be made that government helps, not hinders, whole. Moreover, it does not alter the mary sponsors are open to suggestions our way of life. enforcement prerogatives of the Secu- and ready to engage in good-faith talks To all the citizens of Maryville, TN, rities and Exchange Commission. on modifications or changes that might my heartfelt congratulations and very Mr. President, I voted earlier this be necessary. However, they believe it best wishes for another century of suc- year in favor of S. 240, the quite similar is time to move forward with campaign cess.∑ securities reform bill that the Senate finance reform. I agree with them, and f passed in June. Had my schedule per- I believe they have offered an excellent mitted, I would have cast my vote last starting point for this effort. I applaud ESTABLISHMENT OF A NATIONAL night in favor of the conference report their work and ask that I be added as BIOETHICS ADVISORY COMMISSION on H.R. 1058. I would like to make it a cosponsor of S. 1219.∑ ∑ Mr. HATFIELD. Mr. President, the clear today that if President Clinton f President recently announced the cre- ation of a National Bioethics Advisory sees fit to veto the report—an ill-ad- THE BICENTENNIAL ANNIVERSARY Commission [NBAC]. Because Congress vised step I urge him not to take—I OF MARYVILLE, TN will wholeheartedly support this legis- was in recess when this announcement lation again in order to override such a ∑ Mr. FRIST. Mr. President, nestled in was made, I would like to take this op- veto.∑ shadows of the Great Smoky Moun- portunity to share the good news with f tains, in a setting of unusual and al- my colleagues and to reiterate the im- most idyllic beauty, lies the great city portance of this announcement. CAMPAIGN FINANCE REFORM of Maryville, TN. There among grassy There has long been a need for an ∑ Mrs. KASSEBAUM. Mr. President, hills and rolling farmland, generations independent forum for the discussion of today I am cosponsoring legislation of- of Tennesseeans have lived and worked bioethical policy issues. In fact, the fered by Senators MCCAIN and and raised their families. catalyst for the President’s announce- FEINGOLD to reform our campaign fi- It is a place, Mr. President, where ment of the creation of the NBAC was nance laws. This legislation offers a family values, community pride, and the release of a report on human radi- sensible, bipartisan agreement on steps that distinctive yet intangible quality ation experiments which took place to change our campaign spending and known as the American spirit still during the cold war. These federally fundraising laws in ways that I believe exist, nourished by long tradition and sponsored tests included releasing ra- are long overdue. carried on by the countless, quiet ev- dioactive substances into the atmos- I am aware that there are deep dis- eryday heros of American life—neigh- phere near residential populations and agreements within the Senate on this bors who help neighbors, parents who injecting pregnant women with radio- issue, and I know there are legitimate sacrifice so their children will have a active iron to determine its effect on concerns about spending limits. How- better future, church, and community the baby. In many cases, the tests were ever, I have long believed that money volunteers who feed the homeless, care conducted without the knowledge of should not be the driving force in con- for the needy, and nurse the sick. It is the participants. The NBAC will pro- gressional campaigns. a place, Mr. President, where people vide a forum for the reevaluation of Mr. President, when I leave the Sen- are proud of their past and optimistic Federal human research standards to ate at the end of this term, Kansas will about their future. ensure that this never happens again. S 18106 CONGRESSIONAL RECORD — SENATE December 6, 1995 There is no question that any experi- sibility of Congress to carefully con- Mr. DODD. The Senator from New ments conducted with human subjects sider the broad ramifications of the Mexico is correct. An award of attor- must be done with full disclosure and a technologies it encourages through neys’ fees for all other pleadings or mo- complete examination of the ethical patenting. I believe that this newly tions except for the complaint, whether questions involved. But today, research created National Bioethics Advisory filed by the plaintiff or defendant, scientists are experimenting with life Commission will provide a suitable would be only for the costs associated forms on a more subtle level where the structure for evaluating the ethical, with that pleading or motion. guidelines may not be as patently environmental, and economic consider- Mr. BINGAMAN. I thank the Senator clear. In their quest to understand the ations of such patents. from Connecticut and have just one human body and to conquer disease and Let me emphasize that no one should more question. Is it the intent of H.R. disability, scientists have turned to the construe my vigorous support of this 1058 that sanctions for the cost of the study of the building blocks of living commission as a desire to dampen the entire action would apply if the com- organisms through genetic research drive to discover treatments and cures. plaint substantially or seriously vio- and biotechnology. I am firmly committed to the advance- lates Rule 11(b)? Genetic research has enormous po- ment of scientific and medical research Mr. DODD. The Senator from New tential implications for society. For and have been one of the leading pro- Mexico is correct. here we are dealing with the very foun- ponents of Federal biomedical research Mr. BINGAMAN. I thank my friend dations of humanity and nature. Sci- funding in Congress. My desire is sim- and colleague from Connecticut.∑ entists are now able to identify and ply to ensure that the difficult social f manipulate gene sequences, and have and ethical issues surrounding this re- FEDERAL REPORTS ELIMINATION even begun to create genetically al- search are raised and taken into ac- AND SUNSET ACT tered life forms. Over the past decade, count as public officials struggle to es- it has become increasingly apparent tablish appropriate policies and prac- Mr. DOLE. Mr. President, I ask that that these dramatic advances in bio- tices relating to biomedicine. the Chair lay before the Senate a mes- technology have outdistanced the legal The President should be commended sage from the House of Representatives and ethical parameters that we have in for responding to the critical report on on S. 790, a bill to provide for the modi- place to deal with them. human radiation testing by establish- fication or elimination of Federal re- Society may reap great benefits from ing the NBAC to ensure that the rights porting requirements. these advances, and other discoveries of human research subjects are exam- The PRESIDING OFFICER laid be- yet to be made by modern science. But ined and protected in the future. And, fore the Senate the following message history has taught us that new tech- by including genetic research and pat- from the House of Representatives: nologies often bring with them costs as enting issues, he has ensured that Con- Resolved, That the bill from the Senate (S. well as benefits. Until now, there has gress and the administration will be 790) entitled ‘‘An Act to provide for the been no mechanism through which to equipped to deal with the profound eth- modification or elimination of Federal re- examine the moral and ethical implica- ical questions relating to this rapidly porting requirements’’, do pass with the fol- lowing amendment: tions of this new technology or to advancing field as they arise. I am proud to have been a part of the Strike out all after the enacting clause, weigh the potential costs to society. effort to make the NBAC a reality and and insert: The creation of a National Bioethics SECTION 1. SHORT TITLE. Advisory Board is the culmination of look forward to it serving as a vital link between the scientific community, This Act may be cited as the ‘‘Federal Reports many years of efforts to establish such Elimination and Sunset Act of 1995’’. a mechanism. In the 103d Congress, I the Government, and society as we face the difficult ethical questions which SEC. 2. TABLE OF CONTENTS. introduced S. 1042, legislation which The table of contents for this Act is as follows: accompany our drive to treat and cure would have established a national Bio- Sec. 1. Short title. disease and disability through bio- medical Ethics Advisory Board located Sec. 2. Table of contents. medical research. within the Department of Health and ∑ TITLE I—DEPARTMENTS f Human Services. This bill and the two Subtitle A—Department of Agriculture hearings held on this subject last ses- SECURITIES LITIGATION REFORM Sec. 1011. Reports eliminated. sion served to stimulate public dia- ACT Sec. 1012. Reports modified. logue on the need for such a body and ∑ Mr. BINGAMAN. Mr. President, I was Subtitle B—Department of Commerce established a framework on which the wondering if my friend and colleague Sec. 1021. Reports eliminated. Sec. 1022. Reports modified. newly created NBAC was based. The from Connecticut, Senator DODD, administration, especially Dr. Jack would yield for a question? Subtitle C—Department of Defense Gibbons, worked closely with me in de- Mr. DODD. I would be glad to respond Sec. 1031. Reports eliminated. veloping their proposal. to a question from the Senator from Subtitle D—Department of Education The NBAC will be an independent New Mexico. Sec. 1041. Reports eliminated. body comprised of 15 members ap- Mr. BINGAMAN. I thank the Senator Sec. 1042. Reports modified. pointed by the President and are likely from Connecticut and would ask him if Subtitle E—Department of Energy to be experts from the fields of philoso- it is his understanding that Section Sec. 1051. Reports eliminated. phy, theology, social and behavioral 101(3)(A) relating to sanctions for filing Sec. 1052. Reports modified. science, law, medicine, and biological frivolous pleadings is intended to apply Subtitle F—Department of Health and Human research. They will be charged with re- the most serious sanction of attorneys’ Services viewing the ethical and moral issues fees and costs for the entire action Sec. 1061. Reports eliminated. that arise in biomedicine including re- only to a complaint that substantially Sec. 1062. Reports modified. search involving human subjects, and violates Rule 11(b)? Subtitle G—Department of Housing and Urban issues in the management and use of Mr. DODD. The Senator from New Development genetic information, including human Mexico is correct that the award of at- Sec. 1071. Reports eliminated. gene patenting. torneys’ fees for the entire action will Sec. 1072. Reports modified. The addition of specific language es- only be imposed upon a finding that Subtitle H—Department of the Interior tablishing genetic information and the complaint substantially violates Sec. 1081. Reports eliminated. gene patenting issues as a priority for Rule 11(b). Sec. 1082. Reports modified. the commission was particularly im- Mr. BINGAMAN. Is it therefore cor- Subtitle I—Department of Justice portant to me, and one which I strong- rect to say that for all other pleadings Sec. 1091. Reports eliminated. ly encouraged the administration to or motions, whether filed by the plain- Subtitle J—Department of Labor make. Each year since 1987, I have in- tiff or defendant, that violate Rule Sec. 1101. Reports eliminated. troduced legislation providing for a 11(b) the sanction would be an award of Sec. 1102. Reports modified. moratorium on the patenting of living attorneys’ fees for the costs associated Subtitle K—Department of State organisms. I have done so because I with that particular pleading or mo- Sec. 1111. Reports eliminated. firmly believe that it is the respon- tion only? Sec. 1112. International narcotics control. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18107

Subtitle L—Department of Transportation (b) REPORT ON RETURN ON ASSETS.—Section (1) in subsection (a), by striking ‘‘(a) REPOSI- Sec. 1121. Reports eliminated. 2512 of the Food, Agriculture, Conservation, and TORY.—’’; and Sec. 1122. Reports modified. Trade Act of 1990 (7 U.S.C. 1421b) is amended— (2) by striking subsection (b). Subtitle M—Department of the Treasury (1) in subsection (a), by striking ‘‘(a) IMPROV- (s) REPORT ON PLANT GENOME MAPPING.—Sec- Sec. 1131. Reports eliminated. ING’’ and all that follows through ‘‘FORE- tion 1671 of the Food, Agriculture, Conserva- Sec. 1132. Reports modified. CASTS.—’’; and tion, and Trade Act of 1990 (7 U.S.C. 5924) is (2) by striking subsection (b). Subtitle N—Department of Veterans Affairs amended— (c) REPORT ON FARM VALUE OF AGRICULTURAL Sec. 1141. Reports eliminated. (1) by striking subsection (g); and PRODUCTS.—Section 2513 of the Food, Agri- (2) by redesignating subsection (h) as sub- TITLE II—INDEPENDENT AGENCIES culture, Conservation, and Trade Act of 1990 (7 section (g). Subtitle A—Action U.S.C. 1421c) is repealed. (t) REPORT ON APPRAISAL OF PROPOSED BUDG- (d) REPORT ON ORIGIN OF EXPORTS OF PEA- Sec. 2011. Reports eliminated. ET FOR FOOD AND AGRICULTURAL SCIENCES.— NUTS.—Section 1558 of the Food, Agriculture, Subtitle B—Environmental Protection Agency Section 1408(g) of the National Agricultural Re- Conservation, and Trade Act of 1990 (7 U.S.C. search, Extension, and Teaching Policy Act of Sec. 2021. Reports eliminated. 958) is repealed and sections 1559 and 1560 of 1977 (7 U.S.C. 3123(g)) is amended— Subtitle C—Equal Employment Opportunity such Act are redesignated as sections 1558 and Commission 1559, respectively. (1) by striking paragraph (2); and Sec. 2031. Reports modified. (e) REPORT ON REPORTING OF IMPORTING (2) by redesignating paragraph (3) as para- Subtitle D—Federal Aviation Administration FEES.—Section 407 of the Agricultural Trade De- graph (2). (u) REPORT ON ECONOMIC IMPACT OF ANIMAL Sec. 2041. Reports eliminated. velopment and Assistance Act of 1954 (7 U.S.C. DAMAGE ON AQUACULTURE INDUSTRY.—Section Subtitle E—Federal Communications 1736a) is amended— (1) by striking subsection (b); and 1475(e) of the National Agricultural Research, Commission (2) by redesignating subsections (c) through Extension, and Teaching Policy Act of 1977 (7 Sec. 2051. Reports eliminated. (h) as subsections (b) through (g), respectively. U.S.C. 3322(e)) is amended— Subtitle F—Federal Deposit Insurance (f) REPORT ON AGRICULTURAL INFORMATION (1) in paragraph (1), by striking ‘‘(1)’’; and Corporation EXCHANGE WITH IRELAND.—Section 1420 of the (2) by striking paragraph (2). Sec. 2061. Reports eliminated. Food Security Act of 1985 (Public Law 99–198; 99 (v) REPORT ON AWARDS MADE BY THE NA- Subtitle G—Federal Emergency Management Stat. 1551) is amended— TIONAL RESEARCH INITIATIVE AND SPECIAL Agency (1) in subsection (a), by striking ‘‘(a)’’; and GRANTS.—Section 2 of the Act of August 4, 1965 (2) by striking subsection (b). Sec. 2071. Reports eliminated. (7 U.S.C. 450i), is amended— (g) REPORT ON POTATO INSPECTION.—Section (1) by striking subsection (l); and Subtitle H—Federal Retirement Thrift 1704 of the Food Security Act of 1985 (Public (2) by redesignating subsection (m) as sub- Investment Board Law 99–198; 7 U.S.C. 499n note) is amended by section (l). Sec. 2081. Reports eliminated. striking the second sentence. (w) REPORT ON PAYMENTS MADE UNDER RE- Subtitle I—General Services Administration (h) REPORT ON TRANSPORTATION OF FER- SEARCH FACILITIES ACT.—Section 8 of the Re- TILIZER AND AGRICULTURAL CHEMICALS.—Sec- Sec. 2091. Reports eliminated. search Facilities Act (7 U.S.C. 390i) is repealed. Subtitle J—Interstate Commerce Commission tion 2517 of the Food, Agriculture, Conserva- tion, and Trade Act of 1990 (Public Law 101–624; (x) REPORT ON FINANCIAL AUDIT REVIEWS OF Sec. 2101. Reports eliminated. 104 Stat. 4077) is repealed and sections 2518 and STATES WITH HIGH FOOD STAMP PARTICIPA- Subtitle K—Legal Services Corporation 2519 of such Act are redesignated as sections TION.—The first sentence of section 11(l) of the Sec. 2111. Reports modified. 2517 and 2518, respectively. Food Stamp Act of 1977 (7 U.S.C. 2020(l)) is Subtitle L—National Aeronautics and Space (i) REPORT ON UNIFORM END-USE VALUE amended by striking ‘‘, and shall, upon comple- Administration TESTS.—Section 307 of the Futures Trading Act tion of the audit, provide a report to Congress of its findings and recommendations within one Sec. 2121. Reports eliminated. of 1986 (Public Law 99–641; 7 U.S.C. 76 note) is hundred and eighty days’’. Subtitle M—National Council on Disability amended by striking subsection (c). (j) REPORT ON PROJECT AREAS WITH HIGH (y) REPORT ON RURAL TELEPHONE BANK.— Sec. 2131. Reports eliminated. FOOD STAMP PAYMENT ERROR RATES.—Section Section 408(b)(3) of the Rural Electrification Act Subtitle N—National Science Foundation 16(i) of the Food Stamp Act of 1977 (7 U.S.C. of 1936 (7 U.S.C. 948(b)(3)) is amended by strik- Sec. 2141. Reports eliminated. 2025(i)) is amended by striking paragraph (3). ing out subparagraph (I) and redesignating sub- Subtitle O—National Transportation Safety (k) REPORT ON EFFECT OF EFAP DISPLACE- paragraph (J) as subparagraph (I). Board MENT ON COMMERCIAL SALES.—Section 203C(a) (z) CONFORMING AMENDMENTS.—The table of Sec. 2151. Reports modified. of the Emergency Food Assistance Act of 1983 (7 contents appearing in section 1(b) of the Food, Subtitle P—Neighborhood Reinvestment U.S.C. 612c note) is amended by striking the last Agriculture, Conservation, and Trade Act of Corporation sentence. 1990 is amended— (l) REPORT ON WIC EXPENDITURES AND PAR- (1) by striking the items relating to sections Sec. 2161. Reports eliminated. TICIPATION LEVELS.—Section 17(m) of the Child 1558, 1559, and 1560 and inserting the following: Subtitle Q—Nuclear Regulatory Commission Nutrition Act of 1966 (42 U.S.C. 1786(m)) is ‘‘Sec. 1558. Sense of Congress concerning Sec. 2171. Reports modified. amended— rebalancing proposal of the Euro- (1) by striking paragraph (9); and Subtitle R—Office of Personnel Management pean community. (2) by redesignating paragraphs (10) and (11) Sec. 2181. Reports eliminated. ‘‘Sec. 1559. Sense of the Senate regarding multi- Sec. 2182. Reports modified. as paragraphs (9) and (10), respectively. (m) REPORT ON DEMONSTRATIONS INVOLVING lateral trade negotations.’’; Subtitle S—Office of Thrift Supervision INNOVATIVE HOUSING UNITS.—Section 506(b) of (2) by striking the item relating to section Sec. 2191. Reports modified. the Housing Act of 1949 (42 U.S.C. 1476(b)) is 2513; and Subtitle T—Panama Canal Commission amended by striking the last sentence. (C) by striking the items relating to sections Sec. 2201. Reports eliminated. (n) REPORT ON LAND EXCHANGES IN COLUMBIA 2517, 2518, and 2519 and inserting the following: Subtitle U—Postal Service RIVER GORGE NATIONAL SCENIC AREA.—Section ‘‘Sec. 2517. Establishing quality as a goal for Sec. 2211. Reports modified. 9(d)(3) of the Columbia River Gorge National Commodity Credit Corporation Scenic Area Act (16 U.S.C. 544g(d)(3)) is amend- Subtitle V—Railroad Retirement Board programs. ed by striking the second sentence. ‘‘Sec. 2518. Severability.’’. Sec. 2221. Reports modified. (o) REPORT ON INCOME AND EXPENDITURES OF SEC. 1012. REPORTS MODIFIED. Subtitle W—Thrift Depositor Protection CERTAIN LAND ACQUISITIONS.—Section 2(e) of Oversight Board Public Law 96–586 (94 Stat. 3382) is amended by (a) REPORT ON ANIMAL WELFARE ENFORCE- Sec. 2231. Reports modified. striking the second sentence. MENT.—The first sentence of section 25 of the Animal Welfare Act (7 U.S.C. 2155) is amended— Subtitle X—United States Information Agency (p) REPORT ON SPECIAL AREA DESIGNATIONS.— (1) by striking ‘‘and’’ at the end of paragraph Sec. 2241. Reports eliminated. Section 1506 of the Agriculture and Food Act of 1981 (16 U.S.C. 3415) is repealed and sections (3); TITLE III—REPORTS BY ALL 1507, 1508, 1509, and 1511 of such Act are redes- (2) by striking the period at the end of para- DEPARTMENTS AND AGENCIES ignated as sections 1506, 1507, 1508, and 1509, re- graph (4) and inserting ‘‘; and’’; and Sec. 3001. Reports eliminated. spectively. (3) by adding at the end the following new Sec. 3002. Reports modified. (q) REPORT ON EVALUATION OF SPECIAL AREA paragraph: Sec. 3003. Termination of reporting require- DESIGNATIONS.—Section 1510 of the Agriculture ‘‘(5) the information and recommendations de- ments. and Food Act of 1981 (16 U.S.C. 3419) is re- scribed in section 11 of the Horse Protection Act TITLE I—DEPARTMENTS pealed. of 1970 (15 U.S.C. 1830).’’. Subtitle A—Department of Agriculture (r) REPORT ON AGRICULTURAL PRACTICES AND (b) REPORT ON HORSE PROTECTION ENFORCE- SEC. 1011. REPORTS ELIMINATED. WATER RESOURCES DATABASE DEVELOPMENT.— MENT.—Section 11 of the Horse Protection Act of (a) REPORT ON MONITORING AND EVALUA- Section 1485 of the Food, Agriculture, Conserva- 1970 (15 U.S.C. 1830) is amended by striking ‘‘On TION.—Section 1246 of the Food Security Act of tion, and Trade Act of 1990 (7 U.S.C. 5505) is or before the expiration of thirty calendar 1985 (16 U.S.C. 3846) is repealed. amended— months following the date of enactment of this S 18108 CONGRESSIONAL RECORD — SENATE December 6, 1995

Act, and every twelve calendar months there- INDEPENDENT STATES BUSINESS AND AGRI- Subtitle D—Department of Education after, the Secretary shall submit to the Congress CULTURE ADVISORY COUNCIL.—Section 305 of the SEC. 1041. REPORTS ELIMINATED. a report upon’’ and inserting the following: ‘‘As Freedom for Russia and Emerging Eurasian De- (a) REPORT ON PERSONNEL REDUCTION AND part of the report submitted by the Secretary mocracies and Open Markets Support Act of ANNUAL LIMITATIONS.—Subsection (a) of section under section 25 of the Animal Welfare Act (7 1992 (22 U.S.C. 5825) is repealed. 403 of the Department of Education Organiza- U.S.C. 2155), the Secretary shall include infor- (f) REPORT ON FISHERMAN’S CONTINGENCY tion Act (20 U.S.C. 3463(a)) is amended in para- mation on’’. FUND REPORT.—Section 406 of the Outer Con- graph (2), by striking all beginning with ‘‘and (c) REPORT ON AGRICULTURAL QUARANTINE IN- tinental Shelf Lands Act Amendments of 1978 shall,’’ through the end thereof and inserting a SPECTION FUND.—The Secretary of Agriculture (43 U.S.C. 1846) is repealed. period. shall not be required to submit a report to the (g) REPORT ON USER FEES ON SHIPPERS.—Sec- (b) REPORT ON SUPPORTED EMPLOYMENT AC- appropriate committees of Congress on the sta- tion 208 of the Water Resources Development TIVITIES.—Subsection (c) of section 311 of the tus of the Agricultural Quarantine Inspection Act of 1986 (33 U.S.C. 2236) is amended by— Rehabilitation Act of 1973 (29 U.S.C. 777a(c)) is fund more frequently than annually. (1) striking subsection (b); and amended— (d) REPORT ON PRIORITIES FOR RESEARCH, EX- (2) redesignating subsections (c), (d), (e), and (1) in paragraph (2) by adding at the end TENSION, AND TEACHING.—Section 1407(f)(1) of (f) as subsections (b), (c), (d), and (e), respec- ‘‘and’’; the National Agricultural Research, Extension, tively. (2) by striking paragraph (3); and and Teaching Policy Act of 1977 (7 U.S.C. SEC. 1022. REPORTS MODIFIED. (3) by redesignating paragraph (4) as para- 3122(f)(1)) is amended— (a) REPORT ON FEDERAL TRADE PROMOTION graph (3). (1) in the paragraph heading, by striking STRATEGIC PLAN.—Section 2312(f) of the Export (c) REPORT ON THE CLIENT ASSISTANCE PRO- ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; Enhancement Act of 1988 (15 U.S.C. 4727(f) is GRAM.—Subsection (g) of section 112 of the Re- and amended to read as follows: habilitation Act of 1973 (29 U.S.C. 732(g)) is (2) by striking ‘‘Not later than June 30 of each ‘‘(f) REPORT TO THE CONGRESS.—The chair- amended— year’’ and inserting ‘‘At such times as the Joint person of the TPCC shall prepare and submit to (1) by striking paragraphs (4) and (5); and Council determines appropriate’’. the Committee on Banking, Housing, and Urban (2) in paragraph (6), by striking ‘‘such report (e) 5-YEAR PLAN FOR FOOD AND AGRICUL- Affairs of the Senate, and the Committee on or for any other’’ and inserting ‘‘any’’. TURAL SCIENCES.—Section 1407(f)(2) of the Na- International Relations of the House of Rep- (d) REPORT ON THE SUMMARY OF LOCAL EVAL- tional Agricultural Research, Extension, and resentatives, not later than September 30, 1995, UATIONS OF COMMUNITY EDUCATION EMPLOY- Teaching Policy Act of 1977 (7 U.S.C. 3122(f)(2)) and annually thereafter, a report describing— MENT CENTERS.—Section 370 of the Carl D. Per- is amended by striking the second sentence. ‘‘(1) the strategic plan developed by the TPCC kins Vocational and Applied Technology Act (20 (f) REPORT ON EXAMINATION OF FEDERALLY pursuant to subsection (c), the implementation U.S.C. 2396h) is amended— SUPPORTED AGRICULTURAL RESEARCH AND EX- of such plan, and any revisions thereto; and (1) in the section heading, by striking ‘‘AND TENSION PROGRAMS.—Section 1408(g)(1) of the ‘‘(2) the implementation of sections 303 and REPORT’’; National Agricultural Research, Extension, and 304 of the Freedom for Russia and Emerging De- (2) in subsection (a), by striking ‘‘(a) LOCAL Teaching Policy Act of 1977 (7 U.S.C. 3123(g)(1)) mocracies and Open Markets Support Act of EVALUATION.—’’; and (3) by striking subsection (b). is amended by inserting ‘‘may provide’’ before 1992 (22 U.S.C. 5823 and 5824) concerning fund- (e) REPORT ON THE ADMINISTRATION OF THE ‘‘a written report’’. ing for export promotion activities and the inter- VOCATIONAL EDUCATION ACT OF 1917.—Section (g) REPORT ON EFFECTS OF FOREIGN OWNER- agency working groups on energy of the 18 of the Vocational Education Act of 1917 (20 SHIP OF AGRICULTURAL LAND.—Section 5(b) of TPCC.’’. U.S.C. 28) is repealed. the Agricultural Foreign Investment Disclosure (b) REPORT ON EXPORT POLICY.—Section (f) REPORT BY THE INTERDEPARTMENTAL TASK Act of 1978 (7 U.S.C. 3504(b)) is amended to read 2314(b)(1) of the Export Enhancement Act of FORCE ON COORDINATING VOCATIONAL EDU- as follows: 1988 (15 U.S.C. 4729(b)(1)) is amended— CATION AND RELATED PROGRAMS.—Subsection ‘‘(b) An analysis and determination shall be (1) in subparagraph (E) by striking out ‘‘and’’ (d) of section 4 of the Carl D. Perkins Voca- made, and a report on the Secretary’s findings after the semicolon; tional and Applied Technology Education Act and conclusions regarding such analysis and (2) in subparagraph (F) by striking out the pe- Amendments of 1990 (20 U.S.C. 2303(d)) is re- determination under subsection (a) shall be riod and inserting in lieu thereof a semicolon; pealed. transmitted within 90 days after the end of each and (g) REPORT ON THE EVALUATION OF THE GATE- of the following periods: (3) by adding at the end thereof the following WAY GRANTS PROGRAM.—Subparagraph (B) of ‘‘(1) The period beginning on the date of the new subparagraphs: section 322(a)(3) of the Adult Education Act (20 enactment of the Federal Reports Elimination ‘‘(G) the status, activities, and effectiveness of U.S.C. 1203a(a)(3)(B)) is amended by striking and Sunset Act of 1995 and ending on December the United States commercial centers established ‘‘and report the results of such evaluation to the 31, 1995. under section 401 of the Jobs Through Exports Committee on Education and Labor of the ‘‘(2) Each 10-year period thereafter.’’. Act of 1992 (15 U.S.C. 4723a); House of Representatives and the Committee on ‘‘(H) the implementation of sections 301 and Subtitle B—Department of Commerce Labor and Human Resources of the Senate’’. 302 of the Freedom for Russia and Emerging De- SEC. 1021. REPORTS ELIMINATED. (h) REPORT ON THE BILINGUAL VOCATIONAL mocracies and Open Markets Support Act of (a) REPORT ON LONG RANGE PLAN FOR PUBLIC TRAINING PROGRAM.—Paragraph (3) of section 1992 (22 U.S.C. 5821 and 5822) concerning Amer- BROADCASTING.—Section 393A(b) of the Commu- 441(e) of the Carl D. Perkins Vocational and ican Business Centers and the Independent nications Act of 1934 (47 U.S.C. 393a(b)) is re- Applied Technology Education Act (20 U.S.C. States Business and Agriculture Advisory Coun- pealed. 2441(e)(3)) is amended by striking the last sen- cil; (b) REPORT ON STATUS, ACTIVITIES, AND EF- tence thereof. ‘‘(I) the programs of other industrialized na- FECTIVENESS OF UNITED STATES COMMERCIAL (i) REPORT ON ANNUAL UPWARD MOBILITY tions to assist their companies with their efforts CENTERS IN ASIA, LATIN AMERICA, AND AFRICA PROGRAM ACTIVITY.—Section 2(a)(6)(A) of the to transact business in the independent states of AND PROGRAM RECOMMENDATIONS.—Section Act of June 20, 1936 (20 U.S.C. 107a(a)(6)(A)), is the former Soviet Union; and 401(j) of the Jobs Through Exports Act of 1992 amended by striking ‘‘and annually submit to ‘‘(J) the trading practices of other Organiza- (15 U.S.C. 4723a(j)) is repealed. the appropriate committees of Congress a report tion for Economic Cooperation and Development (c) REPORT ON KUWAIT RECONSTRUCTION CON- based on such evaluations,’’. nations, as well as the pricing practices of tran- TRACTS.—Section 606(f) of the Persian Gulf Con- sitional economies in the independent states, SEC. 1042. REPORTS MODIFIED. flict Supplemental Authorization and Personnel that may disadvantage United States compa- (a) REPORT ON THE CONDITION OF BILINGUAL Benefits Act of 1991 is repealed. nies.’’. EDUCATION IN THE NATION.—Section 6213 of the (d) REPORT ON UNITED STATES-CANADA FREE- Augustus F. Hawkins-Robert T. Stafford Ele- TRADE AGREEMENT.—Section 409(a)(3) of the Subtitle C—Department of Defense mentary and Secondary School Improvement United States-Canada Free-Trade Agreement SEC. 1031. REPORTS ELIMINATED. Amendments of 1988 (20 U.S.C. 3303 note) is Implementation Act of 1988 (19 U.S.C. 2112 note) (a) REPORT ON SEMATECH.—The National De- amended— is amended to read as follows: fense Authorization Act for Fiscal Years 1988 (1) in the section heading, by striking ‘‘RE- ‘‘(3) The United States members of the work- and 1989 (Public Law 100–180; 101 Stat. 1071) is PORT ON’’ and inserting ‘‘INFORMATION ing group established under article 1907 of the amended— REGARDING’’; and Agreement shall consult regularly with the Com- (1) in section 6 by striking out the item relat- (2) by striking the matter preceding paragraph mittee on Finance of the Senate, the Committee ing to section 274; and (1) and inserting ‘‘The Secretary shall collect on Ways and Means of the House of Represent- (2) by striking out section 274. data for program management and accountabil- atives, and advisory committees established (b) REPORT ON REVIEW OF DOCUMENTATION IN ity purposes regarding—’’. under section 135 of the Trade Act of 1974 re- SUPPORT OF WAIVERS FOR PEOPLE ENGAGED IN (b) REPORT TO GIVE NOTICE TO CONGRESS.— garding— ACQUISITION ACTIVITIES.— Subsection (d) of section 482 of the Higher Edu- ‘‘(A) the issues being considered by the work- (1) IN GENERAL.—Section 1208 of the National cation Act of 1965 (20 U.S.C. 1089(d)) is amend- ing group; and Defense Authorization Act for Fiscal Year 1991 ed— ‘‘(B) as appropriate, the objectives and strat- (10 U.S.C. 1701 note) is repealed. (1) in the first sentence by striking ‘‘the items egy of the United States in the negotiations.’’. (2) CLERICAL AMENDMENT TO TABLE OF CON- specified in the calendar have been completed (e) REPORT ON ESTABLISHMENT OF AMERICAN TENTS.—Section 2(b) of such Act is amended by and provide all relevant forms, rules, and in- BUSINESS CENTERS AND ON ACTIVITIES OF THE striking out the item relating to section 1208. structions with such notice’’ and inserting ‘‘a December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18109

deadline included in the calendar described in completed within such period, the Secretary THE PROCUREMENT AND IDENTIFICATION OF EN- subsection (a) is not met’’; and shall report to the Congress in writing within 30 ERGY EFFICIENT PRODUCTS.—Section 161(d) of (2) by striking the second sentence. days on the status of negotiations to develop the Energy Policy Act of 1992 (42 U.S.C. (c) ANNUAL REPORT ON ACTIVITIES UNDER THE such agreement and the reasons why such 8262g(d)) is amended by striking ‘‘of each year REHABILITATION ACT OF 1973.—Section 13 of the agreement has not been completed. Prior to sub- thereafter,’’ and inserting ‘‘thereafter as part of Rehabilitation Act of 1973 (29 U.S.C. 712) is mission of such report to the Congress, the Sec- the report required under section 548(b) of the amended by striking ‘‘twenty’’ and inserting retary shall transmit such report to the Gov- National Energy Conservation Policy Act,’’. ‘‘eighty’’. ernor of such State or the governing body of (d) REPORT ON THE FEDERAL GOVERNMENT EN- (d) REPORT TO THE CONGRESS REGARDING RE- such affected Indian tribe, as the case may be, ERGY MANAGEMENT PROGRAM.—Section 548(b) of HABILITATION TRAINING PROGRAMS.—The second for their review and comments. Such comments the National Energy Conservation Policy Act (42 sentence of section 302(c) of the Rehabilitation shall be included in such report prior to submis- U.S.C. 8258(b)) is amended— Act of 1973 (29 U.S.C. 774(c)) is amended by sion to the Congress.’’. (1) in paragraph (1)— striking ‘‘simultaneously with the budget sub- (j) QUARTERLY REPORT ON STRATEGIC PETRO- (A) in subparagraph (A), by striking ‘‘and’’ mission for the succeeding fiscal year for the Re- LEUM RESERVES.—Section 165 of the Energy Pol- after the semicolon; habilitation Services Administration’’ and in- icy and Conservation Act (42 U.S.C. 6245) is (B) by redesignating subparagraph (B) as sub- serting ‘‘by September 30 of each fiscal year’’. amended— paragraph (C); and (e) ANNUAL AUDIT OF STUDENT LOAN INSUR- (1) by striking subsection (b); and (C) by inserting after subparagraph (A) the ANCE FUND.—Section 432(b) of the Higher Edu- (2) by striking ‘‘(a)’’. following new subparagraph: ‘‘(B) the information required under section cation Act of 1965 (20 U.S.C. 1082(b)) is amended (k) REPORT ON THE DEPARTMENT OF EN- 543(b)(2); and’’; to read as follows: ERGY.—The Federal Energy Administration Act (2) in paragraph (2), by striking ‘‘and’’ after ‘‘(b) FINANCIAL OPERATIONS RESPONSIBIL- of 1974 (15 U.S.C. 790d), is amended by striking out section 55. the semicolon; ITIES.—The Secretary shall, with respect to the (3) in paragraph (3), by striking the period at (l) REPORT ON CURRENT STATUS OF COM- financial operations arising by reason of this the end and inserting ‘‘; and’’; and PREHENSIVE MANAGEMENT FOR NUCLEAR SAFETY part prepare annually and submit a budget pro- (4) by adding at the end the following new RESEARCH, DEVELOPMENT, AND DEMONSTRA- gram as provided for wholly owned Government paragraph: corporations by chapter 91 of title 31, United TION.—Section 8(c) of the Nuclear Safety Re- ‘‘(4) the information required under section States Code. The transactions of the Secretary, search, Development, and Demonstration Act of 161(d) of the Energy Policy Act of 1992.’’. including the settlement of insurance claims and 1980 (42 U.S.C. 9707(c)) is repealed. (e) REPORT ON ALTERNATIVE FUEL USE BY SE- of claims for payments pursuant to section 1078 (m) REPORT ON ACTIVITIES OF THE GEO- LECTED FEDERAL VEHICLES.—Section of this title, and transactions related thereto THERMAL ENERGY COORDINATION AND MANAGE- 400AA(b)(1)(B) of the Energy Policy and Con- and vouchers approved by the Secretary in con- MENT PROJECT.—Section 302(a) of the Geo- servation Act (42 U.S.C. 6374(b)(1)(B)) is amend- nection with such transactions, shall be final thermal Energy Research, Development, and ed by striking ‘‘, and annually thereafter’’. and conclusive upon all accounting and other Demonstration Act of 1974 (30 U.S.C. 1162(a)) is (f) REPORT ON THE OPERATION OF STATE EN- officers of the Government.’’. repealed. ERGY CONSERVATION PLANS.—Section 365(c) of (n) REPORT ON ACTIVITIES UNDER THE MAG- Subtitle E—Department of Energy the Energy Policy and Conservation Act (42 NETIC FUSION ENERGY ENGINEERING ACT OF U.S.C. 6325(c)) is amended by striking ‘‘report SEC. 1051. REPORTS ELIMINATED. 1980.—Section 12 of the Magnetic Fusion Energy annually’’ and inserting ‘‘, as part of the report (a) REPORTS ON PERFORMANCE AND DISPOSAL Engineering Act of 1980 (42 U.S.C. 9311) is re- required under section 657 of the Department of OF ALTERNATIVE FUELED HEAVY DUTY VEHI- pealed. Energy Organization Act, report’’. CLES.—Paragraphs (3) and (4) of section (o) REPORT ON ACTIVITIES UNDER THE ELEC- (g) REPORT ON THE DEPARTMENT OF EN- 400AA(b) of the Energy Policy and Conservation TRIC AND HYBRID VEHICLE RESEARCH, DEVELOP- ERGY.—Section 657 of the Department of Energy Act (42 U.S.C. 6374(b)(3), 6374(b)(4)) are re- MENT, AND DEMONSTRATION ACT OF 1976.—Sec- Organization Act (42 U.S.C. 7267) is amended by pealed, and paragraph (5) of that section is re- tion 14 of the Electric and Hybrid Vehicle Re- inserting after ‘‘section 15 of the Federal Energy designated as paragraph (3). search, Development, and Demonstration Act of Administration Act of 1974,’’ the following: (b) REPORT ON WIND ENERGY SYSTEMS.—Sec- 1976 (15 U.S.C. 2513) is repealed. ‘‘section 365(c) of the Energy Policy and Con- tion 9(a) of the Wind Energy Systems Act of 1980 (p) REPORT ON ACTIVITIES UNDER THE METH- servation Act, section 304(c) of the Nuclear (42 U.S.C. 9208(a)) is amended— ANE TRANSPORTATION RESEARCH, DEVELOPMENT, Waste Policy Act of 1982,’’. (1) by striking paragraph (3); AND DEMONSTRATION ACT OF 1980.—Section 9 of (h) REPORT ON COST-EFFECTIVE WAYS TO IN- (2) in paragraph (1) by adding ‘‘and’’ after the Methane Transportation Research, Develop- CREASE HYDROPOWER PRODUCTION AT FEDERAL the semicolon; and ment, and Demonstration Act of 1980 (15 U.S.C. WATER FACILITIES.—Section 2404 of the Energy (3) in paragraph (2) by striking ‘‘; and’’ and 3808) is repealed. Policy Act of 1992 (16 U.S.C. 797 note) is amend- inserting a period. SEC. 1052. REPORTS MODIFIED. ed— (c) REPORT ON COMPREHENSIVE PROGRAM (a) REPORTS ON PROCESS-ORIENTED INDUS- (1) in subsection (a), by striking ‘‘The Sec- MANAGEMENT PLAN FOR OCEAN THERMAL EN- TRIAL ENERGY EFFICIENCY AND INDUSTRIAL IN- retary, in consultation with the Secretary of the ERGY CONVERSION.—Section 3(d) of the Ocean SULATION AUDIT GUIDELINES.— Interior and the Secretary of the Army,’’ and Thermal Energy Conversion Research, Develop- (1) Section 132(d) of the Energy Policy Act of inserting ‘‘The Secretary of the Interior and the ment, and Demonstration Act (42 U.S.C. 9002(d)) 1992 (42 U.S.C. 6349(d)) is amended— Secretary of the Army, in consultation with the is repealed. (A) in the language preceding paragraph (1), Secretary,’’; and (d) REPORTS ON SUBSEABED DISPOSAL OF by striking ‘‘Not later than 2 years after the (2) in subsection (b), by striking ‘‘the Sec- SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIO- date of the enactment of this Act and annually retary’’ and inserting ‘‘the Secretary of the In- ACTIVE WASTE.—Subsections (a) and (b)(5) of thereafter’’ and inserting ‘‘Not later than Octo- terior, or the Secretary of the Army,’’. section 224 of the Nuclear Waste Policy Act of ber 24, 1995, and biennially thereafter’’; (i) REPORT ON PROGRESS MEETING FUSION EN- 1982 (42 U.S.C. 10204(a), 10204(b)(5)) are re- (B) in paragraph (4), by striking ‘‘and’’ at the ERGY PROGRAM OBJECTIVES.—Section 2114(c)(5) pealed. end; of the Energy Policy Act of 1992 (42 U.S.C. (e) REPORT ON FUEL USE ACT.—Sections (C) in paragraph (5), by striking the period at 13474(c)(5)) is amended by striking out the first 711(c)(2) and 806 of the Powerplant and Indus- the end and inserting ‘‘; and’’; and sentence and inserting in lieu thereof ‘‘The trial Fuel Use Act of 1978 (42 U.S.C. 8421(c)(2), (D) by adding at the end the following new President shall include in the budget submitted 8482) are repealed. paragraph: to the Congress each year under section 1105 of (f) REPORT ON TEST PROGRAM OF STORAGE OF ‘‘(6) the information required under section title 31, United States Code, a report prepared REFINED PETROLEUM PRODUCTS WITHIN THE 133(c).’’. by the Secretary describing the progress made in STRATEGIC PETROLEUM RESERVE.—Section (2) Section 133(c) of the Energy Policy Act of meeting the program objectives, milestones, and 160(g)(7) of the Energy Policy and Conservation 1992 (42 U.S.C. 6350(c)) is amended— schedules established in the management Act (42 U.S.C. 6240(g)(7)) is repealed. (A) by striking, ‘‘the date of the enactment of plan.’’. (g) REPORT ON NAVAL PETROLEUM AND OIL this Act’’ and inserting ‘‘October 24, 1995’’; and (j) REPORT ON HIGH-PERFORMANCE COMPUT- SHALE RESERVES PRODUCTION.—Section 7434 of (B) by inserting ‘‘as part of the report re- ING ACTIVITIES.—Section 203(d) of the High-Per- title 10, United States Code, is repealed. quired under section 132(d),’’ after ‘‘and bienni- formance Computing Act of 1991 (15 U.S.C. (h) REPORT ON EFFECTS OF PRESIDENTIAL ally thereafter,’’. 5523(d)) is amended to read as follows: MESSAGE ESTABLISHING A NUCLEAR NON- (b) REPORT ON AGENCY REQUESTS FOR WAIVER ‘‘(d) REPORTS.—Not later than 1 year after the PROLIFERATION POLICY ON NUCLEAR RESEARCH FROM FEDERAL ENERGY MANAGEMENT REQUIRE- date of enactment of this subsection, and there- AND DEVELOPMENT COOPERATIVE AGREE- MENTS.—Section 543(b)(2) of the National En- after as part of the report required under section MENTS.—Section 203 of the Department of En- ergy Conservation Policy Act (42 U.S.C. 101(a)(3)(A), the Secretary of Energy shall re- ergy Act of 1978—Civilian Applications (22 8253(b)(2)) is amended— port on activities taken to carry out this Act.’’. U.S.C. 2429 note) is repealed. (1) by inserting ‘‘, as part of the report re- (k) REPORT ON NATIONAL HIGH-PERFORMANCE (i) REPORT ON WRITTEN AGREEMENTS REGARD- quired under section 548(b),’’ after ‘‘the Sec- COMPUTING PROGRAM.—Section 101(a)(4) of the ING NUCLEAR WASTE REPOSITORY SITES.—Sec- retary shall’’; and High-Performance Computing Act of 1991 (15 tion 117(c) of the Nuclear Waste Policy Act of (2) by striking ‘‘promptly’’. U.S.C. 5511(a)(4)) is amended— 1982 (42 U.S.C. 10137(c)) is amended by striking (c) REPORT ON THE PROGRESS, STATUS, ACTIVI- (1) in subparagraph (D), by striking ‘‘and’’ at the following: ‘‘If such written agreement is not TIES, AND RESULTS OF PROGRAMS REGARDING the end; S 18110 CONGRESSIONAL RECORD — SENATE December 6, 1995

(2) by redesignating subparagraph (E) as sub- ston-Gonzalez National Affordable Housing Act RINE, AND COASTAL ENVIRONMENTS.—Section paragraph (F); and (42 U.S.C. 1437f note) is repealed. 20(e) of the Outer Continental Shelf Lands Act (3) by inserting after subparagraph (D) the (c) BIENNIAL REPORT ON INTERSTATE LAND (43 U.S.C. 1346(e)) is amended by striking ‘‘each following new subparagraph: SALES REGISTRATION PROGRAM.—Section 1421 of fiscal year’’ and inserting ‘‘every 3 fiscal ‘‘(E) include the report of the Secretary of En- the Interstate Land Sales Full Disclosure Act years’’. ergy required by section 203(d); and’’. (15 U.S.C. 1719a) is repealed. Subtitle I—Department of Justice (l) REPORT ON NUCLEAR WASTE DISPOSAL PRO- (d) QUARTERLY REPORT ON ACTIVITIES UNDER SEC. 1091. REPORTS ELIMINATED. GRAM.—Section 304(d) of the Nuclear Waste Pol- THE FAIR HOUSING INITIATIVES PROGRAM.—Sec- icy Act of 1982 (42 U.S.C. 10224(d)) is amended tion 561(e)(2) of the Housing and Community (a) REPORT ON DRUG INTERDICTION TASK to read as follows: Development Act of 1987 (42 U.S.C. 3616a(e)(2)) FORCE.—Section 3301(a)(1)(C) of the National ‘‘(d) AUDIT BY GAO.—If requested by either is repealed. Drug Interdiction Act of 1986 (21 U.S.C. 801 House of the Congress (or any committee there- (e) COLLECTION OF AND ANNUAL REPORT ON note; Public Law 99–570; 100 Stat. 3207–98) is re- of) or if considered necessary by the Comptroller RACIAL AND ETHNIC DATA.—Section 562 of the pealed. General, the General Accounting Office shall Housing and Community Development Act of (b) REPORT ON EQUAL ACCESS TO JUSTICE.— conduct an audit of the Office, in accord with 1987 (42 U.S.C. 3608a) is amended— Section 2412(d)(5) of title 28, United States Code, such regulations as the Comptroller General (1) in subsection (a)— is repealed. may prescribe. The Comptroller General shall (A) in the first sentence— (c) REPORT ON FEDERAL OFFENDER CHARAC- have access to such books, records, accounts, (i) by striking ‘‘the Secretary of Housing and TERISTICS.—Section 3624(f)(6) of title 18, United and other materials of the Office as the Comp- Urban Development and’’; and States Code, is repealed. troller General determines to be necessary for (ii) by striking ‘‘each’’, the first place it ap- (d) REPORT ON COSTS OF DEATH PENALTY.— the preparation of such audit. The Comptroller pears; and The Anti-Drug Abuse Act of 1988 (Public Law General shall submit a report on the results of (B) in the second sentence, by striking ‘‘in- 100–690; 102 Stat. 4395; 21 U.S.C. 848 note) is each audit conducted under this section.’’. volved’’; and amended by striking out section 7002. (2) in subsection (b)— (e) MINERAL LEASING ACT.—Section 8B of the Subtitle F—Department of Health and Human (A) by striking ‘‘The Secretary of Housing and Mineral Leasing Act (30 U.S.C. 208–2) is re- Services Urban Development and the’’ and inserting pealed. SEC. 1061. REPORTS ELIMINATED. ‘‘The’’; and (f) SMALL BUSINESS ACT.—Subsection (c) of (a) REPORT ON THE EFFECTS OF TOXIC SUB- (B) by striking ‘‘each’’. section 10 of the Small Business Act (15 U.S.C. STANCES.—Subsection (c) of section 27 of the SEC. 1072. REPORTS MODIFIED. 639(c)) is repealed. Toxic Substances Control Act (15 U.S.C. 2626(c)) (a) REPORT ON HOMEOWNERSHIP OF MULTI- (g) ENERGY POLICY AND CONSERVATION ACT.— is repealed. FAMILY UNITS PROGRAM.—Section 431 of the Section 252(i) of the Energy Policy Conservation (b) REPORT ON COMPLIANCE WITH THE Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 6272(i)) is amended by striking ‘‘, CONSUMER-PATIENT RADIATION HEALTH AND Act (42 U.S.C. 12880) is amended— at least once every 6 months, a report’’ and in- SAFETY ACT.—Subsection (d) of section 981 of (1) in the section heading, by striking ‘‘AN- serting ‘‘, at such intervals as are appropriate the Consumer-Patient Radiation Health and NUAL’’; and based on significant developments and issues, Safety Act of 1981 (42 U.S.C. 10006(d)) is re- (2) by striking ‘‘The Secretary shall annu- reports’’. pealed. ally’’ and inserting ‘‘The Secretary shall no (h) REPORT ON FORFEITURE FUND.—Section (c) REPORT ON EVALUATION OF TITLE VIII later than December 31, 1995,’’. 524(c) of title 28, United States Code, is amend- PROGRAMS.—Section 859 of the Public Health (b) TRIENNIAL AUDIT OF TRANSACTIONS OF NA- ed— Service Act (42 U.S.C. 298b–6) is repealed. TIONAL HOMEOWNERSHIP FOUNDATION.—Section (1) by striking out paragraph (7); and (d) REPORT ON MEDICARE TREATMENT OF UN- 107(g)(1) of the Housing and Urban Develop- (2) by redesignating paragraphs (8) through COMPENSATED CARE.—Paragraph (2) of section ment Act of 1968 (12 U.S.C. 1701y(g)(1)) is (12) as paragraphs (7) through (11), respectively. amended by striking the last sentence. 603(a) of the Social Security Amendments of 1983 Subtitle J—Department of Labor (42 U.S.C. 1395ww note) is repealed. (c) REPORT ON LOW-INCOME HOME ENERGY SEC. 1101. REPORTS ELIMINATED. (e) REPORT ON PROGRAM TO ASSIST HOMELESS ASSISTANCE PROGRAM.—Section 2605(h) of the INDIVIDUALS.—Subsection (d) of section 9117 of Low-Income Home Energy Assistance Act of Section 408(d) of the Veterans Education and the Omnibus Budget Reconciliation Act of 1987 1981 (Public Law 97–35; 42 U.S.C. 8624(h)), is Employment Amendments of 1989 (38 U.S.C. 4100 (42 U.S.C. 1383 note) is repealed. amended by striking out ‘‘(but not less fre- note) is repealed. SEC. 1062. REPORTS MODIFIED. quently than every three years),’’. SEC. 1102. REPORTS MODIFIED. (a) REPORT OF THE SURGEON GENERAL.—Sec- Subtitle H—Department of the Interior (a) REPORT ON THE ACTIVITIES CONDUCTED tion 239 of the Public Health Service Act (42 SEC. 1081. REPORTS ELIMINATED. UNDER THE FAIR LABOR STANDARDS ACT OF U.S.C. 238h) is amended to read as follows: (a) REPORT ON AUDITS IN FEDERAL ROYALTY 1938.—Section 4(d)(1) of the Fair Labor Stand- ‘‘BIANNUAL REPORT MANAGEMENT SYSTEM.—Section 17(j) of the Min- ards Act of 1938 (29 U.S.C. 204(d)(1)) is amend- ed— ‘‘SEC. 239. The Surgeon General shall transmit eral Leasing Act (30 U.S.C. 226(j)) is amended by (1) by striking ‘‘annually’’ and inserting ‘‘bi- to the Secretary, for submission to the Congress, striking the last sentence. ennially’’; and on January 1, 1995, and on January 1, every 2 (b) REPORT ON DOMESTIC MINING, MINERALS, (2) by striking ‘‘preceding year’’ and inserting years thereafter, a full report of the administra- AND MINERAL RECLAMATION INDUSTRIES.—Sec- ‘‘preceding two years’’. tion of the functions of the Service under this tion 2 of the Mining and Minerals Policy Act of (b) ANNUAL REPORT OF THE OFFICE OF WORK- Act, including a detailed statement of receipts 1970 (30 U.S.C. 21a) is amended by striking the ERS’ COMPENSATION.— and disbursements.’’. last sentence. (1) REPORT ON THE ADMINISTRATION OF THE (b) REPORT ON HEALTH SERVICE RESEARCH AC- (c) REPORT ON PHASE I OF THE HIGH PLAINS LONGSHORE AND HARBOR WORKERS’ COMPENSA- TIVITIES.—Subsection (b) of section 494A of the STATES GROUNDWATER DEMONSTRATION TION ACT.—Section 42 of the Longshore and Public Health Service Act (42 U.S.C. 289c–1(b)) is PROJECT.—Section 3(d) of the High Plains States Harbor Workers’ Compensation Act (33 U.S.C. amended by striking ‘‘September 30, 1993, and Groundwater Demonstration Program Act of 942) is amended— annually thereafter’’ and inserting ‘‘December 1983 (43 U.S.C. 390g–1(d)) is repealed. (A) by striking ‘‘beginning of each’’ and all 30, 1993, and each December 30 thereafter’’. (d) REPORT ON RECLAMATION REFORM ACT that follows through ‘‘Amendments of 1984’’ and (c) REPORT ON FAMILY PLANNING.—Section COMPLIANCE.—Section 224(g) of the Reclamation inserting ‘‘end of each fiscal year’’; and 1009(a) of the Public Health Service Act (42 Reform Act of 1982 (43 U.S.C. 390ww(g)) is (B) by adding the following new sentence at U.S.C. 300a–7(a)) is amended by striking ‘‘each amended by striking the last 2 sentences. the end: ‘‘Such report shall include the annual fiscal year’’ and inserting ‘‘fiscal year 1995, and (e) REPORT ON GEOLOGICAL SURVEYS CON- reports required under section 426(b) of the each second fiscal year thereafter’’. DUCTED OUTSIDE THE DOMAIN OF THE UNITED Black Lung Benefits Act (30 U.S.C. 936(b)) and (d) REPORT ON THE STATUS OF HEALTH INFOR- STATES.—Section 2 of Public Law 87–626 (43 section 8152 of title 5, United States Code, and MATION AND HEALTH PROMOTION.—Section U.S.C. 31(c)) is repealed. 1705(a) of the Public Health Service Act (42 (f) REPORT ON RECREATION USE FEES.—Sec- shall be identified as the Annual Report of the U.S.C. 300u–4) is amended in the first sentence tion 4(h) of the Land and Water Conservation Office of Workers’ Compensation Programs.’’. by striking out ‘‘annually’’ and inserting in lieu Fund Act of 1965 (16 U.S.C. 460l–6a(h)) is re- (2) REPORT ON THE ADMINISTRATION OF THE thereof ‘‘biannually’’. pealed. BLACK LUNG BENEFITS PROGRAM.—Section 426(b) SEC. 1082. REPORTS MODIFIED. of the Black Lung Benefits Act (30 U.S.C. Subtitle G—Department of Housing and (a) REPORT ON LEVELS OF THE OGALLALA AQ- 936(b)) is amended— Urban Development UIFER.—Title III of the Water Resources Re- (A) by striking ‘‘Within’’ and all that follows SEC. 1071. REPORTS ELIMINATED. search Act of 1984 (42 U.S.C. 10301 note) is through ‘‘Congress the’’ and inserting ‘‘At the (a) REPORTS ON PUBLIC HOUSING HOME- amended— end of each fiscal year, the’’; and OWNERSHIP AND MANAGEMENT OPPORTUNITIES.— (1) in section 306, by striking ‘‘annually’’ and (B) by adding the following new sentence at Section 21(f) of the United States Housing Act of inserting ‘‘biennially’’; and the end: ‘‘Each such report shall be prepared 1937 (42 U.S.C. 1437s(f)) is repealed. (2) in section 308, by striking ‘‘intervals of one and submitted to Congress in accordance with (b) INTERIM REPORT ON PUBLIC HOUSING year’’ and inserting ‘‘intervals of 2 years’’. the requirement with respect to submission MIXED INCOME NEW COMMUNITIES STRATEGY (b) REPORT ON EFFECTS OF OUTER CONTINEN- under section 42 of the Longshore Harbor Work- DEMONSTRATION.—Section 522(k)(1) of the Cran- TAL SHELF LEASING ACTIVITIES ON HUMAN, MA- ers’ Compensation Act (33 U.S.C. 942).’’. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18111

(3) REPORT ON THE ADMINISTRATION OF THE (2) The table of sections at the beginning of (b) REPORT ON THE ANTIRECESSION PROVISIONS FEDERAL EMPLOYEES’ COMPENSATION ACT.—(A) chapter 201 of title 49, United States Code, is OF THE PUBLIC WORKS EMPLOYMENT ACT OF Subchapter I of chapter 81 of title 5, United amended by striking the item relating to section 1976.—Section 213 of the Public Works Employ- States Code, is amended by adding at the end 20116. ment Act of 1976 (42 U.S.C. 6733) is repealed. thereof the following new section: (h) REPORT ON RAILROAD FINANCIAL ASSIST- (c) REPORT ON THE ASBESTOS TRUST FUND.— ‘‘§ 8152. Annual report ANCE.—Section 308(d) of title 49, United States Paragraph (2) of section 5(c) of the Asbestos Code, is repealed. ‘‘The Secretary of Labor shall, at the end of Hazard Emergency Response Act of 1986 (20 (i) REPORT ON USE OF ADVANCED TECHNOLOGY each fiscal year, prepare a report with respect to U.S.C. 4022(c)) is repealed. BY THE AUTOMOBILE INDUSTRY.—Section 305 of SEC. 1132. REPORTS MODIFIED. the administration of this chapter. Such report the Automotive Propulsion Research and Devel- shall be submitted to Congress in accordance (a) REPORT ON THE WORLD CUP USA 1994 opment Act of 1978 (15 U.S.C. 2704) is amended COMMEMORATIVE COIN ACT.—Subsection (g) of with the requirement with respect to submission by striking the last sentence. under section 42 of the Longshore Harbor Work- section 205 of the World Cup USA 1994 Com- (j) REPORT ON SAINT LAWRENCE SEAWAY DE- memorative Coin Act (31 U.S.C. 5112 note) is ers’ Compensation Act (33 U.S.C. 942).’’. VELOPMENT CORPORATION.—Section 10(a) of the (B) The table of sections for chapter 81 of title amended by striking ‘‘month’’ and inserting Act of May 13, 1954 (68 Stat. 96, chapter 201; 33 ‘‘calendar quarter’’. 5, United States Code, is amended by inserting U.S.C. 989(a)) is repealed. (b) REPORTS ON VARIOUS FUNDS.—Subsection after the item relating to section 8151 the follow- (k) REPORTS ON PIPELINES ON FEDERAL (b) of section 321 of title 31, United States Code, ing: LANDS.—Section 28(w)(4) of the Mineral Leasing ‘‘8152. Annual report.’’. is amended— Act (30 U.S.C. 185(w)(4)) is repealed. (1) by striking ‘‘and’’ at the end of paragraph (c) ANNUAL REPORT ON THE DEPARTMENT OF ‘‘(2) For any species determined to be an en- (5), LABOR.—Section 9 of an Act entitled ‘‘An Act to dangered species or a threatened species under (2) by striking the period at the end of para- create a Department of Labor’’, approved March section 4(a), or proposed for listing under sec- 4, 1913 (29 U.S.C. 560) is amended by striking graph (6) and inserting ‘‘; and’’, and tion 4(b), prior to the effective date of this sec- (3) by adding after paragraph (6) the follow- ‘‘make a report’’ and all that follows through tion, and for any species for which a final re- ing new paragraph: ‘‘the department’’ and inserting ‘‘prepare and covery plan has not been published prior to Jan- ‘‘(7) notwithstanding any other provision of submit to Congress the financial statements of uary 1, 1993, the Secretary shall develop and im- law, fulfill any requirement to issue a report on the Department that have been audited’’. plement a final recovery plan pursuant to the the financial condition of any fund on the Subtitle K—Department of State requirements of this section not later than 2 books of the Treasury by including the required SEC. 1111. REPORTS ELIMINATED. years after the effective date of this section. information in a consolidated report, except that ‘‘(3) The Secretary shall prepare and publish (a) REPORT ON AUDIT OF USE OF FUNDS FOR information with respect to a specific fund shall in the Federal Register a notice of availability U.N. HIGH COMMISSIONER FOR REFUGEES.—Sec- be separately reported if the Secretary deter- of, and request for public comment on, a draft tion 8 of the Migration and Refugee Assistance mines that the consolidation of such informa- Act of 1962 (22 U.S.C. 2606) is amended by strik- version of any revision of a recovery plan. ‘‘(4) The Secretary shall hold a public hearing tion would result in an unwarranted delay in ing subsection (b), and redesignating subsection on the draft version of each new or revised re- the availability of such information.’’. (c) as subsection (b). (c) REPORT ON THE JAMES MADISON-BILL OF covery plan in each county or parish to which (b) REPORT ON MATTERS RELATING TO FOR- RIGHTS COMMEMORATIVE COIN ACT.—Subsection the version applies. EIGN RELATIONS AND SCIENCE AND TECH- ‘‘(5) Prior to the decision to adopt a final ver- (c) of section 506 of the James Madison-Bill of NOLOGY.—Section 503(b) of the Foreign Rela- sion of each new or revised recovery plan, the Rights Commemorative Coin Act (31 U.S.C. 5112 tions Authorization Act, Fiscal Year 1979 (22 Secretary shall consider all information pre- note) is amended by striking out ‘‘month’’ each U.S.C. 2656c(b)) is repealed. sented during each hearing held pursuant to place it appears and inserting in lieu thereof SEC. 1112. INTERNATIONAL NARCOTICS CON- paragraph (4) and received in response to the ‘‘calendar quarter’’. TROL. request for comments contained in the final reg- Subtitle N—Department of Veterans Affairs (a) Section 489A of the Foreign Assistance Act ulation specified in paragraph (1)(A) or the Fed- of 1961 (22 U.S.C. 2291I) is repealed. SEC. 1141. REPORTS ELIMINATED. (b) Section 490A of that Act (22 U.S.C. 2991k) eral Register notice specified in paragraph (4). (a) REPORT ON ADEQUACY OF RATES FOR is repealed. The Secretary shall publish the response of the STATE HOME CARE.—Section 1741 of title 38, (c) Section 489 of that Act (22 U.S.C. 2291h) is Secretary to all information presented in such United States Code, is amended— amended: testimony or comments in the final version of (1) by striking out subsection (c); and (1) in the section heading by striking ‘‘FOR the new or revised recovery plan. (2) by redesignating subsections (d) and (e) as FISCAL YEAR 1995’’; and ‘‘(6) Prior to implementation of a new or re- subsections (c) and (d), respectively. (2) by striking subsection (c). vised recovery plan, each affected Federal agen- (b) REPORT ON LOANS TO PURCHASE MANU- (d) Section 490 of that Act (22 U.S.C. 2291j) is cy shall consider separately all information pre- FACTURED HOMES.—Section 3712 of title 38, amended: sented during each hearing held pursuant to United States Code, of is amended— (1) in the section heading by striking ‘‘FOR paragraph (5) and received in response to the (1) by striking out subsection (l); and FISCAL YEAR 1995’’; and request for comments contained in the final reg- (2) by redesignating subsection (m) as sub- (2) by striking subsection (i). ulation specified in paragraph (1)(A) or the Fed- section (l). Subtitle L—Department of Transportation eral Register notice specified in paragraph (4). (c) REPORT ON COMPLIANCE WITH FUNDED (l) REPORT ON PIPELINE SAFETY.—Section PERSONNEL CODING.— SEC. 1121. REPORTS ELIMINATED. 60124(a) of title 49, United States Code, is (1) REPEAL OF REPORT REQUIREMENT.—Section (a) REPORT ON DEEPWATER PORT ACT OF amended in the first sentence by striking ‘‘of 8110(a)(4) of title 38, United States Code, is 1974.—Section 20 of the Deepwater Port Act of each year’’ and inserting ‘‘of each odd-num- amended by striking out subparagraph (C). 1974 (33 U.S.C. 1519) is repealed. bered year’’. (2) CONFORMING AMENDMENTS.—Section (b) REPORT ON COAST GUARD LOGISTICS CAPA- SEC. 1122. REPORTS MODIFIED. 8110(a)(4) of title 38, United States Code, is BILITIES CRITICAL TO MISSION PERFORMANCE.— (a) REPORT ON OIL SPILL LIABILITY TRUST amended by— Sections 5(a)(2) and 5(b) of the Coast Guard Au- FUND.—The quarterly report regarding the Oil (A) redesignating subparagraph (D) as sub- thorization Act of 1988 (10 U.S.C. 2304 note) are Spill Liability Trust Fund required to be submit- paragraph (C); repealed. ted to the House and Senate Committees on Ap- (B) in subparagraph (A), by striking out ‘‘sub- (c) REPORT ON MARINE PLASTIC POLLUTION propriations under House Report 101–892, ac- paragraph (D)’’ and inserting in lieu thereof RESEARCH AND CONTROL ACT OF 1987.—Section companying the appropriations for the Coast ‘‘subparagraph (C)’’; and 2201(a) of the Marine Plastic Pollution Research Guard in the Department of Transportation and (C) in subparagraph (B), by striking out ‘‘sub- and Control Act of 1987 (33 U.S.C. 1902 note) is Related Agencies Appropriations Act, 1991, shall paragraph (D)’’ and inserting in lieu thereof amended by striking ‘‘biennially’’ and inserting be submitted not later than 30 days after the ‘‘subparagraph (C)’’. ‘‘triennially’’. end of the fiscal year in which this Act is en- (d) REPORT ON HIGHWAY SAFETY PROGRAM TITLE II—INDEPENDENT AGENCIES acted and annually thereafter. STANDARDS.—Section 402(a) of title 23, United Subtitle A—Action (b) REPORT ON JOINT FEDERAL AND STATE States Code, is amended by striking the fifth SEC. 2011. REPORTS ELIMINATED. MOTOR FUEL TAX COMPLIANCE PROJECT.—Sec- sentence. tion 1040(d)(1) of the Intermodal Surface Trans- Section 226 of the Domestic Volunteer Service (e) REPORT ON RAILROAD-HIGHWAY DEM- portation Efficiency Act of 1991 (23 U.S.C. 101 Act of 1973 (42 U.S.C. 5026) is amended— ONSTRATION PROJECTS.—Section 163(o) of the note) is amended by striking ‘‘September 30 (1) by striking subsection (b); and Federal-Aid Highway Act of 1973 (23 U.S.C. 130 (2) in subsection (a)— and’’. note) is repealed. (A) in paragraph (2), by striking ‘‘(2)’’ and in- (f) REPORT ON UNIFORM RELOCATION ACT Subtitle M—Department of the Treasury serting ‘‘(b)’’; and AMENDMENTS OF 1987.—Section 103(b)(2) of the SEC. 1131. REPORTS ELIMINATED. (B) in paragraph (1)— Uniform Relocation Assistance and Real Prop- (a) REPORT ON THE OPERATION AND STATUS OF (i) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; erty Acquisition Policies Act of 1970 (42 U.S.C. STATE AND LOCAL GOVERNMENT FISCAL ASSIST- and 4604(b)(2)) is repealed. ANCE TRUST FUND.—Paragraph (8) of section (ii) in subparagraph (B)— (g) REPORT ON FEDERAL RAILROAD SAFETY.— 14001(a) of the Consolidated Omnibus Budget (I) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; and (1) Section 20116 of title 49, United States Code, Reconciliation Act of 1985 (31 U.S.C. 6701 note) (II) by striking ‘‘subparagraph (A)’’ and in- is repealed. is repealed. serting ‘‘paragraph (1)’’. S 18112 CONGRESSIONAL RECORD — SENATE December 6, 1995 Subtitle B—Environmental Protection Agency (3) Section 8 of such Act (42 U.S.C. 4365) is Subtitle H—Federal Retirement Thrift SEC. 2021. REPORTS ELIMINATED. amended— Investment Board (a) REPORT ON ALLOCATION OF WATER.—Sec- (A) by striking subsection (c); and SEC. 2081. REPORTS ELIMINATED. tion 102 of the Federal Water Pollution Control (B) by redesignating subsections (e) through Section 9503 of title 31, United States Code, is Act (33 U.S.C. 1252) is amended by striking sub- (i) as subsections (c) through (g), respectively. amended by adding at the end thereof the fol- section (d). (l) PLAN ON ASSISTANCE TO STATES FOR RADON lowing new subsection: (b) REPORT ON VARIANCE REQUESTS.—Section PROGRAMS.—Section 305 of the Toxic Substances ‘‘(c) The requirements of this section are satis- 301(n)(8) of the Federal Water Pollution Control Control Act (15 U.S.C. 2665) is amended— fied with respect to the Thrift Savings Plan de- Act (33 U.S.C. 1311(n)(8)) is amended by striking (1) by striking subsection (d); and scribed under subchapter III of chapter 84 of ‘‘Every 6 months after the date of the enactment (2) by redesignating subsections (e) and (f) as title 5, by preparation and transmission of the of this subsection, the Administrator shall sub- subsections (d) and (e), respectively. report described under section 8439(b) of such mit to the Committee on Environment and Pub- Subtitle C—Equal Employment Opportunity title.’’. lic Works of the Senate and the Committee on Commission Subtitle I—General Services Administration Public Works and Transportation’’ and insert- SEC. 2031. REPORTS MODIFIED. SEC. 2091. REPORTS ELIMINATED. ing ‘‘By January 1, 1997, and January 1 of every Section 705(k)(2)(C) of the Civil Rights Act of odd-numbered year thereafter, the Adminis- (a) REPORT ON PROPERTIES CONVEYED FOR 1964 (42 U.S.C. 2000e–4(k)(2)(C)) is amended— HISTORIC MONUMENTS AND CORRECTIONAL FA- trator shall submit to the Committee on Environ- (1) in the matter preceding clause (i), by strik- ment and Public Works of the Senate and the CILITIES.—Section 203(o) of the Federal Property ing ‘‘including’’ and inserting ‘‘including infor- and Administrative Services Act of 1949 (40 Committee on Transportation and Infrastruc- mation, presented in the aggregate, relating to’’; ture’’. U.S.C. 484(o)) is amended— (2) in clause (i), by striking ‘‘the identity of (1) by striking out paragraph (1); (c) REPORT ON IMPLEMENTATION OF CLEAN each person or entity’’ and inserting ‘‘the num- (2) by redesignating paragraphs (2) and (3) as LAKES PROJECTS.—Section 314(d)(3) of the Fed- ber of persons and entities’’; eral Water Pollution Control Act (33 U.S.C. paragraphs (1) and (2), respectively; and (3) in clause (ii), by striking ‘‘such person or (3) in paragraph (2) (as so redesignated) by 1324(d)(3)) is amended by striking ‘‘The Admin- entity’’ and inserting ‘‘such persons and enti- striking out ‘‘paragraph (2)’’ and inserting in istrator shall report annually to the Committee ties’’; and lieu thereof ‘‘paragraph (3)’’. on Public Works and Transportation’’ and in- (4) in clause (iii)— (b) REPORT ON PROPERTIES CONVEYED FOR serting ‘‘By January 1, 1997, and January 1 of (A) by striking ‘‘fee’’ and inserting ‘‘fees’’; WILDLIFE CONSERVATION.—Section 3 of the Act every odd-numbered year thereafter, the Admin- and entitled ‘‘An Act authorizing the transfer of cer- istrator shall report to the Committee on Trans- (B) by striking ‘‘such person or entity’’ and tain real property for wildlife, or other pur- portation and Infrastructure’’. inserting ‘‘such persons and entities’’. poses.’’, approved May 19, 1948 (16 U.S.C. 667d; (d) REPORT ON USE OF MUNICIPAL SECONDARY Subtitle D—Federal Aviation Administration 62 Stat. 241) is amended by striking out ‘‘and EFFLUENT AND SLUDGE.—Section 516 of the Fed- eral Water Pollution Control Act (33 U.S.C. SEC. 2041. REPORTS ELIMINATED. shall be included in the annual budget transmit- 1375) is amended— The provision that was section 7207(c)(4) of ted to the Congress’’. (1) by striking subsection (d); and the Anti-Drug Abuse Act of 1988 (Public Law Subtitle J—Interstate Commerce Commission (2) by redesignating subsections (e) and (g) as 100–690; 102 Stat. 4428; 49 U.S.C. App. 1354 note) SEC. 2101. REPORTS ELIMINATED. subsections (d) and (e), respectively. is amended— Section 10327(k) of title 49, United States (e) REPORT ON CERTAIN WATER QUALITY (1) by striking out ‘‘GAO’’; and Code, is amended to read as follows: STANDARDS AND PERMITS.—Section 404 of the (2) by striking out ‘‘the Comptroller General’’ ‘‘(k) If an extension granted under subsection Water Quality Act of 1987 (Public Law 100–4; 33 and inserting in lieu thereof ‘‘the Department of (j) is not sufficient to allow for completion of U.S.C. 1375 note) is amended— Transportation Inspector General’’. necessary proceedings, the Commission may (1) by striking subsection (c); and Subtitle E—Federal Communications grant a further extension in an extraordinary (2) by redesignating subsection (d) as sub- Commission situation if a majority of the Commissioners section (c). agree to the further extension by public vote.’’. (f) REPORT ON CLASS V WELLS.—Section 1426 SEC. 2051. REPORTS ELIMINATED. of title XIV of the Public Health Service Act (a) REPORT TO THE CONGRESS UNDER THE Subtitle K—Legal Services Corporation (commonly known as the ‘‘Safe Drinking Water COMMUNICATIONS SATELLITE ACT OF 1962.—Sec- SEC. 2111. REPORTS MODIFIED. Act’’) (42 U.S.C. 300h–5) is amended— tion 404(c) of the Communications Satellite Act Section 1009(c)(2) of the Legal Services Cor- (1) in subsection (a), by striking ‘‘(a) MON- of 1962 (47 U.S.C. 744(c)) is repealed. poration Act (42 U.S.C. 2996h(c)(2)) is amended ITORING METHODS.—’’; and (b) REIMBURSEMENT FOR AMATEUR EXAMINA- by striking out ‘‘The’’ and inserting in lieu (2) by striking subsection (b). TION EXPENSES.—Section 4(f)(4)(J) of the Com- thereof ‘‘Upon request, the’’. (g) REPORT ON SOLE SOURCE AQUIFER DEM- munications Act of 1934 (47 U.S.C. 154(f)(4)(J)) is Subtitle L—National Aeronautics and Space ONSTRATION PROGRAM.—Section 1427 of title amended by striking out the last sentence. Administration XIV of the Public Health Service Act (commonly Subtitle F—Federal Deposit Insurance SEC. 2121. REPORTS ELIMINATED. known as the ‘‘Safe Drinking Water Act’’) (42 Corporation U.S.C. 300h–6) is amended— Section 21(g) of the Small Business Act (15 (1) by striking subsection (l); and SEC. 2061. REPORTS ELIMINATED. U.S.C. 648(g)) is amended to read as follows: (2) by redesignating subsections (m) and (n) as Section 102(b)(1) of the Federal Deposit Insur- ‘‘(g) NATIONAL AERONAUTICS AND SPACE AD- subsections (l) and (m), respectively. ance Corporation Improvement Act of 1991 (Pub- MINISTRATION AND REGIONAL TECHNOLOGY (h) REPORT ON SUPPLY OF SAFE DRINKING lic Law 102–242; 105 Stat. 2237; 12 U.S.C. 1825 TRANSFER CENTERS.—The National Aeronautics WATER.—Section 1442 of title XIV of the Public note) is amended to read as follows: and Space Administration and regional tech- Health Service Act (commonly known as the ‘‘(1) QUARTERLY REPORTING.—Not later than nology transfer centers supported by the Na- ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300h–6) 90 days after the end of any calendar quarter in tional Aeronautics and Space Administration is amended— which the Federal Deposit Insurance Corpora- are authorized and directed to cooperate with (1) by striking subsection (c); tion (hereafter in this section referred to as the small business development centers participating (2) by redesignating subsection (d) as sub- ‘Corporation’) has any obligations pursuant to in the program.’’. section (c); and section 14 of the Federal Deposit Insurance Act Subtitle M—National Council on Disability (3) by redesignating subsections (f) and (g) as outstanding, the Comptroller General of the SEC. 2131. REPORTS ELIMINATED. subsections (d) and (e), respectively. United States shall submit a report on the Cor- Section 401(a) of the Rehabilitation Act of (i) REPORT ON NONNUCLEAR ENERGY AND poration’s compliance at the end of that quarter 1973 (29 U.S.C. 781(a)) is amended— TECHNOLOGIES.—Section 11 of the Federal Non- with section 15(c) of the Federal Deposit Insur- (1) by striking paragraph (9); and nuclear Energy Research and Development Act ance Act to the Committee on Banking, Hous- (2) by redesignating paragraphs (10) and (11) of 1974 (42 U.S.C. 5910) is repealed. ing, and Urban Affairs of the Senate and the as paragraphs (9) and (10), respectively. (j) REPORT ON EMISSIONS AT COAL-BURNING Committee on Banking, Finance and Urban Af- POWERPLANTS.— fairs of the House of Representatives. Such a re- Subtitle N—National Science Foundation (1) Section 745 of the Powerplant and Indus- port shall be included in the Comptroller Gen- SEC. 2141. REPORTS ELIMINATED. trial Fuel Use Act of 1978 (42 U.S.C. 8455) is re- eral’s audit report for that year, as required by (a) STRATEGIC PLAN FOR SCIENCE AND ENGI- pealed. section 17 of the Federal Deposit Insurance NEERING EDUCATION.—Section 107 of the Edu- (2) The table of contents in section 101(b) of Act.’’. cation for Economic Security Act (20 U.S.C. such Act (42 U.S.C. prec. 8301) is amended by Subtitle G—Federal Emergency Management 3917) is repealed. striking the item relating to section 745. Agency (b) BUDGET ESTIMATE.—Section 14 of the Na- (k) 5-YEAR PLAN FOR ENVIRONMENTAL RE- tional Science Foundation Act of 1950 (42 U.S.C. SEC. 2071. REPORTS ELIMINATED. SEARCH, DEVELOPMENT, AND DEMONSTRATION.— 1873) is amended by striking subsection (j). (1) Section 5 of the Environmental Research, Section 611(i) of The Robert T. Stafford Disas- Development, and Demonstration Authorization ter Relief and Emergency Assistance Act (42 Subtitle O—National Transportation Safety Act of 1976 (42 U.S.C. 4361) is repealed. U.S.C. 5196(i)) is amended— Board (2) Section 4 of the Environmental Research, (1) by striking paragraph (3); and SEC. 2151. REPORTS MODIFIED. Development, and Demonstration Authorization (2) by redesignating paragraphs (4) and (5) as Section 1117 of title 49, United States Code, is Act of 1978 (42 U.S.C. 4361a) is repealed. paragraphs (3) and (4), respectively. amended— December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18113 (1) in paragraph (2) by adding ‘‘and’’ after formation in such report shall be included in the ‘‘(1) The changes in the policies and proce- the semicolon; next semiannual report required under section 5 dures of the agency under this section that have (2) in paragraph (3) by striking out ‘‘; and’’ of the Inspector General Act of 1978 (5 U.S.C. occurred during the preceding 1-year period. and inserting in lieu thereof a period; and App.)’’. ‘‘(2) A tabulation of the number of meetings (3) by striking out paragraph (4). Subtitle V—Railroad Retirement Board held, the exemptions applied to close meetings, and the days of public notice provided to close Subtitle P—Neighborhood Reinvestment SEC. 2221. REPORTS MODIFIED. meetings. Corporation (a) COMBINATION OF REPORTS.—Section 502 of ‘‘(3) A brief description of litigation or formal SEC. 2161. REPORTS ELIMINATED. the Railroad Retirement Solvency Act of 1983 (45 complaints concerning the implementation of U.S.C. 231f–1) is amended by striking ‘‘On or be- Section 607(c) of the Neighborhood Reinvest- this section by the agency. fore July 1, 1985, and each calendar year there- ment Corporation Act (42 U.S.C. 8106(c)) is ‘‘(4) A brief explanation of any changes in after’’ and inserting ‘‘As part of the annual re- amended by striking the second sentence. law that have affected the responsibilities of the port required under section 22(a) of the Railroad Subtitle Q—Nuclear Regulatory Commission agency under this section.’’. Retirement Act of 1974 (45 U.S.C. 231u(a))’’. SEC. 2171. REPORTS MODIFIED. SEC. 3003. TERMINATION OF REPORTING RE- (b) MODIFICATION OF DATES FOR PROJECTION QUIREMENTS. Section 208 of the Energy Reorganization Act AND REPORT—Section 22 of the Railroad Retire- (a) TERMINATION.— of 1974 (42 U.S.C. 5848) is amended by striking ment Act of 1974 (45 U.S.C. 231u) is amended— ‘‘each quarter a report listing for that period’’ (1) by striking ‘‘February 1’’ and inserting (1) IN GENERAL.—Subject to the provisions of and inserting ‘‘an annual report listing for the ‘‘May 1’’; and paragraph (2) of this subsection and subsection previous fiscal year’’. (2) by striking ‘‘April 1’’ and inserting ‘‘July (d), each provision of law requiring the submit- Subtitle R—Office of Personnel Management 1’’. tal to Congress (or any committee of the Con- gress) of any annual, semiannual, or other reg- SEC. 2181. REPORTS ELIMINATED. Subtitle W—Thrift Depositor Protection ular periodic report specified on the list de- (a) REPORT ON SENIOR EXECUTIVE SERVICE.— Oversight Board scribed under subsection (c) shall cease to be ef- (1) Section 3135 of title 5, United States Code, is SEC. 2231. REPORTS MODIFIED. fective, with respect to that requirement, 4 years repealed. Section 21A(k)(9) of the Federal Home Loan after the date of the enactment of this Act. (2) The table of sections for chapter 31 of title Bank Act (12 U.S.C. 1441a(k)(9)) is amended by (2) EXCEPTION.—The provisions of paragraph 5, United States Code, is amended by striking striking out ‘‘the end of each calendar quarter’’ (1) shall not apply to any report required out the item relating to section 3135. and inserting in lieu thereof ‘‘June 30 and De- under— (b) REPORT ON PERFORMANCE AWARDS.—Sec- cember 31 of each calendar year’’. (A) the Inspector General Act of 1978 (5 U.S.C. tion 4314(d) of title 5, United States Code, is re- Subtitle X—United States Information Agency App.); or pealed. (B) the Chief Financial Officers Act of 1990 (c) REPORT ON TRAINING PROGRAMS.—(1) Sec- SEC. 2241. REPORTS ELIMINATED. Notwithstanding section 601(c)(4) of the For- (Public Law 101–576), including provisions en- tion 4113 of title 5, United States Code, is re- acted by the amendments made by that Act. pealed. eign Service Act of 1980 (22 U.S.C. 4001(c)(4)), the reports otherwise required under such sec- (b) IDENTIFICATION OF WASTEFUL REPORTS.— (2) The table of sections for chapter 41 of title The President shall include in the first annual 5, United States Code, is amended by striking tion shall not cover the activities of the United States Information Agency. budget submitted pursuant to section 1105 of out the item relating to section 4113. title 31, United States Code, after the date of en- (d) REPORT ON PREVAILING RATE SYSTEM.— TITLE III—REPORTS BY ALL actment of this Act a list of reports that the Section 5347(e) of title 5, United States Code, is DEPARTMENTS AND AGENCIES President has determined are unnecessary or amended by striking out the fourth and fifth SEC. 3001. REPORTS ELIMINATED. wasteful and the reasons for such determina- sentences. (a) REPORT ON PART-TIME EMPLOYMENT.—(1) tion. (e) REPORT ON ACTIVITIES OF THE MERIT SYS- Section 3407 of title 5, United States Code, is re- (c) LIST OF REPORTS.—The list referred to TEMS PROTECTION BOARD AND THE OFFICE OF pealed. under subsection (a) is the list prepared by the PERSONNEL MANAGEMENT.—Section 2304 of title (2) The table of sections for chapter 34 of title Clerk of the House of Representatives for the 5, United States Code, is amended— 5, United States Code, is amended by striking first session of the 103d Congress under clause 2 (1) in subsection (a) by striking out ‘‘(a)’’; and out the item relating to section 3407. of rule III of the Rules of the House of Rep- (2) by striking subsection (b). (b) SEMIANNUAL REPORT ON LOBBYING.—Sec- resentatives (House Document No. 103–7). SEC. 2182. REPORTS MODIFIED. tion 1352 of title 31, United States Code, is (d) SPECIFIC REPORTS EXEMPTED.—Subsection Section 1304(e)(6) of title 5, United States amended by— (a)(1) shall not apply to any report required Code, is amended by striking out ‘‘at least once (1) striking out subsection (d); and under— every three years’’. (2) redesignating subsections (e), (f), (g), and (1) section 116 of the Foreign Assistance Act of Subtitle S—Office of Thrift Supervision (h) as subsections (d), (e), (f), and (g), respec- 1961 (22 U.S.C. 2151n); tively. SEC. 2191. REPORTS MODIFIED. (2) section 306 of that Act (22 U.S.C. 2226); (c) REPORTS ON PROGRAM FRAUD AND CIVIL (3) section 489 of that Act (22 U.S.C. 2291h); Section 18(c)(6)(B) of the Federal Home Loan REMEDIES.—(1) Section 3810 of title 31, United (4) section 502B of that Act (22 U.S.C. 2304); Bank Act (12 U.S.C. 1438(c)(6)(B)) is amended— States Code, is repealed. (5) section 634 of that Act (22 U.S.C. 2394); (1) by striking out ‘‘annually’’; (2) The table of sections for chapter 38 of title (6) section 406 of the Foreign Relations Au- (2) by striking out ‘‘audit, settlement,’’ and 31, United States Code, is amended by striking thorization Act, Fiscal Years 1990 and 1991 (22 inserting in lieu thereof ‘‘settlement’’; and out the item relating to section 3810. U.S.C. 2414a); (3) by striking out ‘‘, and the first audit’’ and (d) REPORT ON RIGHT TO FINANCIAL PRIVACY (7) section 25 of the Arms Export Control Act all that follows through ‘‘enacted’’. ACT.—Section 1121 of the Right to Financial (22 U.S.C. 2765); Subtitle T—Panama Canal Commission Privacy Act of 1978 (12 U.S.C. 3421) is repealed. (8) section 28 of that Act (22 U.S.C. 2768); SEC. 2201. REPORTS ELIMINATED. (e) REPORT ON PLANS TO CONVERT TO THE (9) section 36 of that Act (22 U.S.C. 2776); METRIC SYSTEM.—Section 12 of the Metric Con- (a) REPORTS ON PANAMA CANAL.—Section 1312 (10) section 6 of the Multinational Force and of the Panama Canal Act of 1979 (Public Law version Act of 1975 (15 U.S.C. 205j–1) is repealed. Observers Participation Resolution (22 U.S.C. (f) REPORT ON TECHNOLOGY UTILIZATION AND 96–70; 22 U.S.C. 3722) is repealed. 3425); INTELLECTUAL PROPERTY RIGHTS.—Section 11(f) (b) TECHNICAL AND CONFORMING AMEND- (11) section 104 of the FREEDOM Support Act of the Stevenson-Wydler Technology Innovation MENT.—The table of contents in section 1 of (22 U.S.C. 5814); such Act is amended by striking out the item re- Act of 1980 (15 U.S.C. 3710(f)) is repealed. (12) section 508 of that Act (22 U.S.C. 5858); (g) REPORT ON EXTRAORDINARY CONTRACTUAL lating to section 1312. (13) section 4 of the War Powers Resolution ACTIONS TO FACILITATE THE NATIONAL DE- (50 U.S.C. 1543); Subtitle U—Postal Service FENSE.—Section 4(a) of the Act entitled ‘‘An Act (14) section 204 of the International Emer- SEC. 2211. REPORTS MODIFIED. to authorize the making, amendment, and modi- gency Economic Powers Act (50 U.S.C. 1703); (a) REPORT ON CONSUMER EDUCATION PRO- fication of contracts to facilitate the national (15) section 14 of the Export Administration GRAMS.—Section 4(b) of the Mail Order defense’’, approved August 28, 1958 (50 U.S.C. Act of 1979 (50 U.S.C. App. 2413); Consumer Protection Amendments of 1983 (39 1434(a)), is amended by striking out ‘‘all such (16) section 207 of the International Economic U.S.C. 3005 note; Public Law 98–186; 97 Stat. actions taken’’ and inserting in lieu thereof ‘‘if Policy Act of 1972 (Public Law 92–412; 86 Stat. 1318) is amended to read as follows: any such action has been taken’’. 648); ‘‘(b) A summary of the activities carried out (h) REPORTS ON DETAILING EMPLOYEES.—Sec- (17) section 4 of Public Law 93–121 (87 Stat. under subsection (a) shall be included in the tion 619 of the Treasury, Postal Service, and 448); first semiannual report submitted each year as General Government Appropriations Act, 1993 (18) section 108 of the National Security Act of required under section 5 of the Inspector Gen- (Public Law 102–393; 106 Stat. 1769), is repealed. 1947 (50 U.S.C. 404a); eral Act of 1978 (5 U.S.C. App.).’’. SEC. 3002. REPORTS MODIFIED. (19) section 704 of the Support for East Euro- (b) REPORT ON INVESTIGATIVE ACTIVITIES.— Section 552b(j) of title 5, United States Code, pean Democracy (SEED) Act of 1989 (22 U.S.C. Section 3013 of title 39, United States Code, is is amended to read as follows: 5474); amended in the last sentence by striking out ‘‘(j) Each agency subject to the requirements (20) section 804 of the Foreign Relations Au- ‘‘the Board shall transmit such report to the of this section shall annually report to the Con- thorization Act, Fiscal Years 1990 and 1991 Congress’’ and inserting in lieu thereof ‘‘the in- gress regarding the following: (Public Law 101–246; 104 Stat. 72); S 18114 CONGRESSIONAL RECORD — SENATE December 6, 1995 (21) section 140 of the Foreign Relations Au- now reviewed the bill and have identi- be deemed approved to date, no resolu- thorization Act, Fiscal Years 1988 and 1989 (22 fied four technical changes that need tions come over under the rule, the call U.S.C. 2656f); to be made. These changes would: of the calendar be dispensed with, and (22) section 2 of the Act of September 21, 1950 Eliminate a mistaken reference in the morning hour be deemed to have (Chapter 976; 64 Stat. 903); (23) section 3301 of the Panama Canal Act of section 1041(b). expired, and the time for the two lead- 1979 (22 U.S.C. 3871); Strike an inappropriate section ref- ers be reserved for their use later in (24) section 2202 of the Export Enhancement erence in section 1102. the day, and that there then be a pe- Act of 1988 (15 U.S.C. 4711); Strike irrelevant material acciden- riod for morning business until the (25) section 1504 of Public Law 103–160 (10 tally placed in section 1121. hour of 10:30 a.m., with time between U.S.C. 402 note); Change ‘‘ELIMINATED’’ to ‘‘MODI- the hours of 9 and 9:30 under the con- (26) section 502 of the International Security FIED’’ in the heading for section 2021. trol of Senator MOYNIHAN, 9:30 to 9:45 and Development Coordination Act of 1985 (22 U.S.C. 2349aa–7); The Congressional Budget Office esti- under the control of Senator DASCHLE (27) section 23 of the Act of August 1, 1956 mates that the enactment of this bill or his designee, and the time between (Chapter 841; (22 U.S.C. 2694(2)); could result in a savings of up to $5 to the hours of 9:45 and 10:30 under the (28) section 5(c)(5) of the Export Administra- $10 million, which does not include sav- control of Senator DOLE or his des- tion Act of 1979 (50 U.S.C. App. 2404(c)(5)); ings from the reports subject to the ignee; further, at the hour of 10:30 the (29) section 14 of the Export Administration sunset provision. Senate proceed to the consideration of Act of 1979 (50 U.S.C. App. 2413); I also want to take this opportunity the conference report to accompany (30) section 50 of Public Law 87–297 (22 U.S.C. 2590); to express my sincere gratitude to Mi- H.R. 2076, the Commerce-State-Justice (31) section 240A of the Foreign Assistance Act chael Rhee, formerly of my Oversight appropriations bill. of 1961 (22 U.S.C. 2200a); or Subcommittee staff. Michael served on The PRESIDING OFFICER. Without (32) section 604 of the United States Informa- my staff for 1 year as a Javits Fellow, objection, it is so ordered. tion and Educational Exchange Act of 1948 (22 and he honored well the namesake of f U.S.C. 1469). his fellowship. Senator Javits would PROGRAM AMENDMENT NO. 3086 have been proud to have supported a (Purpose: To make certain technical person of the caliber of Michael Rhee. Mr. DOLE. For the information of all amendments to the House amendment) Michael worked tirelessly, meticu- Senators, the Senate will begin debate Mr. DOLE. I move that the Senate lously, and doggedly on this legisla- on the Commerce-State-Justice appro- concur in the House amendment with a tion, and I can honestly say it would priations conference report at 10:30 further amendment on behalf of Sen- not have happened without him. He a.m., Thursday. There is no time agree- ators MCCAIN and LEVIN. I send that was a terrific member of my staff, dedi- ment on the conference report. It is amendment to the desk. cated to the principles of public serv- hoped a vote could occur on adoption of The PRESIDING OFFICER. The ice, and we should all be thankful for the Commerce-State-Justice appropria- clerk will report. his commitment and hard work. tions conference report after a reason- The assistant legislative clerk read The PRESIDING OFFICER. The able amount of debate. That is esti- as follows: question is on agreeing to the motion. mated to be 2 hours, 3 hours, 4 hours, The Senator from Kansas [Mr. DOLE], for The motion was agreed to. or 5 hours. I do not think it goes be- Mr. MCCAIN, for himself and Mr. LEVIN, pro- Mr. DOLE. I move to reconsider the yond 5 hours, I hope. poses an amendment numbered 3086. vote. But under a previous order, following Mr. DOLE. Mr. President, I ask unan- Mr. SMITH. I move to lay that mo- the disposition of that conference re- imous consent that reading of the tion on the table. port, the Senate will resume H.R. 1833, amendment be dispensed with. The motion to lay on the table was the Partial-Birth Abortion Ban Act, The PRESIDING OFFICER. Without agreed to. with votes occurring on the Dole and objection, it is so ordered. f Boxer amendments following 60 min- The amendment is as follows: utes of debate. MEASURE READ FOR FIRST Section 1041(b) of the House amendment is Senators should also be aware that amended by (1) striking paragraph (1), and (2) TIME—S. 1452 this evening a cloture motion was filed redesignating paragraphs (2) and (3) as para- Mr. DOLE. Mr. President, I under- on the motion to proceed to the con- graphs (1) and (2), respectively. stand that S. 1452, introduced today by stitutional amendment regarding the Section 1102(b)(1)(B) of the House amend- Senator GRAMS, is at the desk. And I desecration of the flag, and we can ex- ment is amended in the quoted matter by (1) ask for its first reading. pect a cloture vote on that motion to striking ‘‘reports’’ and inserting ‘‘report’’, The PRESIDING OFFICER. The proceed on Friday, unless we can reach and (2) striking ‘‘and section 8152 of title 5, an agreement. I hope we can. I think United States Code,’’. clerk will report. Section 1121 of the House amendment is The assistant legislative clerk read the bottom of all this is reaching amended by striking the matter after sub- as follows: agreement on the State Department re- section (k) and before subsection (l). A bill (S. 1452) to establish procedures to organization, and three or four other Section 2021 of the House amendment is provide for a taxpayer protection lock-box matters, including a number of Ambas- amended in the heading for the section by and related downward adjustment of discre- sadors, the START II Treaty, a vote on striking ‘‘ELIMINATED’’ and inserting tionary spending limits and to provide for the Chemical Weapons Treaty. I under- ‘‘MODIFIED’’. additional deficit reduction with funds re- stand we are very close to an agree- Mr. LEVIN. Mr. President, with pas- sulting from the stimulative effect of reve- ment. I know it has gone on and on and sage of this bill, today, we are ready to nue reductions. on and on. And I hope we can wrap that eliminate or modify over 200 statu- Mr. DOLE. I now ask for its second up tomorrow morning, vitiate the clo- torily required reports to Congress and reading. And I object to my own re- ture motion, go ahead and complete ac- to sunset those reports with an annual, quest on behalf of Senators on the tion tomorrow evening on the flag semiannual, or other regular periodic Democratic side of the aisle. amendment. requirement, 4 years after the enact- The PRESIDING OFFICER. Objec- f ment of the bill. tion is heard. ORDER FOR ADJOURNMENT Both the Senate and the House of f Representatives have passed the bill in Mr. DOLE. And, finally, Mr. Presi- slightly different forms, and I am hope- ORDERS FOR THURSDAY, dent, if there is no further business to ful that when we send the bill to the DECEMBER 7, 1995 come before the Senate, I now ask House this time, it will be promptly Mr. DOLE. Mr. President, I ask unan- unanimous consent that the Senate passed and sent to the President for imous consent that when the Senate stand in adjournment under the pre- signature. We passed S. 790 on Septem- completes its business today, it stand vious order, following the remarks of ber 12, 1995; the House of Representa- in adjournment until the hour of 9 a.m. Senator SMITH. tives made some minor changes and Thursday, December 7; that following The PRESIDING OFFICER. Without passed S. 790 on November 14. We have the prayer, the Journal of proceedings objection, it is so ordered. December 6, 1995 CONGRESSIONAL RECORD — SENATE S 18115 Would the Senator from New Hamp- mally established a Joint Commission it was morally correct to do so. He was shire withhold so the Chair can make on the MIA issue between Russian and not afraid, and he was not deterred. an appointment? the United States. The Russian side Nothing showed those traits more f was headed by General Volkogonov. clearly than when he wrote his books I was happy that Senator KERRY and on Stalin and Lenin, based on his ar- APPOINTMENTS BY THE I were appointed to serve on that Com- chival research, and when he admitted PRESIDENT PRO TEMPORE mission, along with Congressmen SAM he had been wrong in believing that So- The PRESIDING OFFICER. The JOHNSON and PETE PETERSON, both of viet-style communism could be more Chair, on behalf of the President pro whom were POWs in Vietnam. During ‘‘human and effective’’ as he put it. tempore, pursuant to Public Law 99–83, the last 4 years, it was a privilege to Can you imagine the courage of a man appoints the following individuals to work with General Volkogonov, and I who would write something like that? the Commission for the Preservation of was thankful for the opportunities I General Volkogonov was the first America’s Heritage Abroad: Rabbi had to meet with him here in Washing- Russian general to admit the system Chaskel Besser of New York, E. Wil- ton, as well as in Moscow. had failed—he was the ‘‘black sheep’’ liam Crotty of Florida, and Ned Because of the research conducted by as he put it in an interview earlier this Bandler of New York. General Volkogonov, the United States year. The Senator from New Hampshire is has received important documentary Mr. President, history will judge recognized. evidence concerning the fate of unac- General Volkogonov very kindly. And f counted-for Americans captured or lost historians will owe him a great debt for TRIBUTE TO DMITRY in North Vietnam, North Korea, China, years to come. VOLKOGONOV and along the borders of the former So- I know both the Russian people and viet Union. the American people will always be Mr. SMITH. Mr. President, earlier It is the kind of information, Mr. grateful for his enormous contribu- today in Moscow, the world lost a re- President, that never would have seen tions. I also hope both our govern- nowned, first-class historian with the the light of day had it not been for ments understand how important Gen- highest of morals, Russia lost a key re- General Volkogonov. eral Volkogonov was in helping to former, America lost an ally in the He has turned over documents con- build a bridge of partnership and co- search for the truth about missing cerning discussions between Joseph operation between Russia and the Unit- American servicemen, and I lost a Stalin and Chinese officials in 1952 ed States on these humanitarian issues friend and colleague. about how many American POW’s of missing American servicemen. I am speaking of retired Russian Gen. would be held back during the Korean I am going to miss my friend, Dmitry Dmitry Volkogonov who passed away war. He has also handed over Russian Volkogonov, and I know the American earlier today at the age of 67, following translations of North Vietnamese po- people join me in sending our condo- a long battle with cancer. litburo sessions where it was indicated lences to his wife and two daughters. I first met General Volkogonov in that more American POW’s were se- Let me conclude by expressing my February, 1992, when Senator JOHN cretly being held in North Vietnam heartfelt hope that President Yeltsin KERRY and I traveled to Moscow as the than those eventually released. and the Russian Duma will find some- cochairmen of the Senate Select Com- These documents are both dramatic one—it will be difficult—but will find mittee on POW/MIA Affairs. and disturbing, and it remains for Viet- someone to follow in the general’s foot- More than any other person in Russia nam, North Korea, and China to fully steps who is equally committed to dis- at the time, General Volkogonov was explain these documents. closing information about unaccounted eager to assist the United States in I will never forget General for American POW’s and MIA’s. finding answers about missing Amer- Volkogonov sitting in my office telling I can think of no finer tribute to this ican servicemen from the cold war, the me that these documents were authen- great man. And let me just say, it Korean war, the Vietnam war, and even tic, and that he would do everything in would be appropriate, I think, for us to World War II. This was a very difficult his power to get them and to get access remember him tonight because he is a situation for General Volkogonov be- to them on behalf of the American peo- part of history and he was a great his- cause he had to deal with the archives, ple. And this is a Russian general. torian. This is what we should have for he had to deal with the KGB, and oth- When these documents were formally the historical record for General ers who had much information that turned over to the United States by Volkogonov. they would have preferred not to come Russia, General Volkogonov stated— Mr. President, I ask unanimous con- to the surface. But General It’s a delicate issue, but we can’t be quiet sent that two obituaries on General Volkogonov bravely pursued it on our about it any longer, since it’s a humani- Volkogonov from newswire services be behalf. tarian issue . . . we are talking about men’s printed in the RECORD, and I also ask I will never forget sitting in the gen- fates . . . there is no political spin. We want unanimous consent that the statement eral’s top-floor office in the Russian to help the families. by the American chairman of the Unit- Duma in February, 1992, listening to Those were the words of General ed States-Russian joint commission, the general detail his preliminary work Volkogonov. Ambassador Malcolm Toon, be printed in Soviet archives on the issue of miss- Mr. President, this was obviously a in the RECORD. ing Americans. noble cause for the general. America There being no objection, the mate- It was a cold, winter afternoon in could not have asked for a more com- rial was ordered to be printed in the Moscow that day, but as the meeting mitted ally on this issue. He fully un- RECORD, as follows: progressed, the Sun began to shine. In derstood our joint quest for the truth, RUSSIAN HISTORIAN VOLKOGONOV DIES AT 67 fact, the sunlight was so strong that we and the importance that Americans at- (By Anatoly Verbin) literally had to close the blinds in the tached to this inquiry. He had a way of office. The sunlight was a good sign knowing how we felt, how deeply we MOSCOW, Dec. 6 (Reuter).—General Dmitry Volkogonov, one of the best-known that day, Mr. President. I knew we felt about this issue, specifically our Russian historians of the past decade, died were on the right track to seeking an- Nation’s veterans and the families of on Wednesday at the age of 67. swers now that we had found General our unaccounted for Americans. Volkogonov was both famed and hated for Volkogonov. When you think of the thousands, if his revealing works on Vladimir Lenin, Leon I also knew it would not be long be- not millions, of people lost in Soviet Trotsky and Josef Stalin. fore the Sun began to shine on impor- wars, most of them attributed to Sta- The State Duma lower house of parliament tant information previously tucked lin, General Volkogonov took the time stood in silence to pay final tribute to the away in the darkest corners of the So- to spend looking for these few—com- man who called himself the ‘‘black sheep’’ of the Soviet generals. viet archives. pared to the Russian losses—Ameri- He transformed from an orthodox com- Following my first trip to Moscow cans. munist standardbearer to a writer triggering with Senator KERRY, then-President General Volkogonov always stood on the nomenklatura’s outrage with books mer- George Bush and President Yeltsin for- principle. He took action when he knew cilessly stripping away decades of myths S 18116 CONGRESSIONAL RECORD — SENATE December 6, 1995 about dictator Stalin and Soviet state found- mission which abolished communist party formed in 1992, Volkogonov became co-chair- er Lenin. bodies in the armed forces. man, along with Malcolm Toon of the United ‘‘I was a Leninist and a Marxist for many Up to his death, he was a co-chairman of a States. years until I gradually realised that I and joint Russian-U.S. commission looking into The commission was charged with deter- many of my colleagues had been misled,’’ he the fates of POWs and missing in action in mining whether any American servicemen said in a Reuters interview earlier this year. world War Two, Vietnam and other wars. were held on Soviet territory during the Cold ‘‘I was not a dissident—I thought the sys- War. So far, they have found none. tem could be reformed, be made more human DMITRY VOLKOGONOV, MILITARY HISTORIAN AND He also headed a presidential commission and effective, but I was wrong. I was the first REFORMER, DEAD AT 67 charged with finding missing Russian sol- general to admit it, a black sheep.’’ (By Ntasha Alova) diers, including those lost during the war in In 1937, when Volkogonov was eight, his fa- MOSCOW (AP).—Dmitry Volkogonov, a Chechnya. ther was shot in Stalin’s purges and his military historian who helped reveal the In 1993, the retired general was elected to mother ended up in a labour camp. The truth about Communist Party repression and the first post-Soviet parliament on reformer young boy’s faith in the system was not who headed the Russian-American Commis- Yegor Gaidar’s ticket. shaken and he entered the army as an or- sion on missing POWs, has died after a long The State Duma, the lower house of par- phan. battle with cancer. He was 67. liament. today observed a moment of silence He made a perfectly orthodox career in the Gen. Volkogonov died Tuesday night at a in his honor. Soviet Red Army ending with a job as as dep- military hospital in Krasnogorski, outside Volkogonov was married, with two daugh- uty head of the department responsible for Moscow, the Interfax news agency reported. ters. communist indoctrination of troops. Volkogonov, who as director of the Soviet He then become head of the Institute of Defense Ministry’s History Museum had ex- STATEMENT BY AMBASSADOR MALCOLM TOON, Military History, which gave him tensive access to Soviet military archives, AMERICAN CO-CHAIRMAN OF THE U.S. RUSSIA unparalelled access to the nation’s top ar- was one of the first historians in Russia to JOINT COMMISSION chives. The deeper he delved, the more dis- make public the extent of the Communist re- The U.S. side of the U.S. Russia Joint Com- illusioned he became. gime’s persecution. mission was very saddened to learn of the Volkogonov rose to prominence in 1988 by His confirmation that the repression began passing of General-Colonel Antonovich producing the first Soviet biography of Josef when the Bolsheviks took power in 1917 and Volkogonov, a fellow soldier for whom we Stalin, which portrayed the dictator as an was, in fact, launched by Vladimir Lenin, the had great respect, which only grew in the immoral power-hungry killer. Communists’ idol, made hardliners revile three and a half years we worked together. This was hardly a revelation for Western him and pro-reform forces lionize him. While serving as the Russian co-chairman of historians. But it exploded like a bombshell Volkogonov wrote more than 30 books. the U.S.-Russia Joint Commission on POW/ among a people kept in ignorance of their Best known are his history works on Lenin, MIA Affairs, General Volkogonov widened own history for decades. Josef Stalin and Leon Trotsky, written in re- the windows of communication with the In 1991, Volkogov and his team produced cent years on the basis of newly opened ar- United States on POW/MIA matters, and was the first volume of a planned ten-tome offi- chive materials. unswerving in his efforts to gain information cial Soviet history of World War Two. Born in Siberia in 1928, Volkogonov fell which would help resolve painful questions The book, which castigated Stalin for let- victim to Stalin’s repression at an early age, about lost American and Soviet service ting himself be outwitted by Hitler, was when his father was shot and his mother sent members. Enduring great physical hardship, banned by horrified Soviet Defense Ministry into exile. he nevertheless demonstrated a strength of officials. Volkogonov joined the Soviet army in 1949 character so admired by his friends and col- Volkogonov resigned in protest. after working as a teacher. He finished a leagues. His work will leave an enduring leg- After producing a biography of Soviet tank school, then made his career as a stu- acy to Russians and to the world alike, and rebel-revolutionary Leon Trostky, he tack- dent and later professor at the Lenin Mili- his memory will serve as a beacon to those led what he described as the last bastion— tary-Political Academy for top Soviet army who continue his efforts. We will miss him. Lenin. political-propaganda officers. Previous accounts had always been careful He later headed the Soviet Defense Min- Mr. SMITH. Mr. President, I yield to portray the Soviet state’s founder as a istry’s History Museum and conducted archi- the floor. kindly, wise man whose ideas were subse- val research there. f quently perverted by Stalin. Volkogonov met Boris Yeltsin in 1990 when Volkogonov’s biography, based on 3,724 top both became members of the Russian par- secret documents, smashed the illusion by liament, and in 1991 he became security and ADJOURNMENT UNTIL 9 A.M. unmasking Lenin as ruthless and ready to defense adviser to Yeltsin, then parliamen- TOMORROW resort to mass killings to achieve his aims. tary speaker. He remained an adviser after The PRESIDING OFFICER. Under ‘‘Lenin was the anti-Christ, more like the Yeltsin became president. the previous order, the Senate stands devil . . . All Russia’s great troubles After the 1991 Soviet breakup, Volkogonov in adjournment until 9 o’clock tomor- stemmed from Lenin,’’ Volkogonov once presided over a commission charged with said. creating a Russian defense ministry and row morning. Volkogonov once served as a military ad- armed forces. Thereupon, the Senate, at 8:01 p.m., viser to President Boris Yeltsin. In that ca- When the U.S.-Russia Joint Commission on adjourned until Thursday, December 7, pacity, at the end of 1991, he headed a com- Prisoners of War and Missing in Action was 1995, at 9 a.m.